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Citation: 10 Stat. 780 1849-1862

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780 THIRTY-THIRD CONGRESS. Szss. L CmH
50,51 58, 56, 56; 1854.
Apri 20,1"5. Ow. L.-As Act for dh Ree of Wa-fia B. Edards.
Be it enacted 4 the Senate and Hose of Representatives of the Uited
William B. States of America in Congress assembed, That the Secretary of the In-
Edwards
on pensionplaced
o terior be, and he is hereby, required to place the name of William B.
at s per month, Edwards on the pension rail, at the rate of eight dollars per monh, to
from Jnuary 1, commence on the first of January, eighteen hundred and fifty, and con-
1850, during his tinue during his natural life.
APPROVED, April 20, 1854.

April 0,185. Off". WI. -An Adt for the Beliqf of the Legal Reprewtatw of kA= P. Simouto.
Thep " Be it enacted by the Senate and House of Representatives of the United
tatives s ates of .Am ecain Congress assembled, That the sum of eight
P. Slmonton to hundred dollars be paid to the legal representatives of Isaac P. Simon-
be paid
pOof$100
his on ton, under the direction of the Secretary of War, out of any money in
claim for the the treasury not otherwise appropriated, on due and matisfaetory proof
same. being furnished that the claim of Isaac P. Simonton for said sum in
schedule B, annexed to the treaty with the Saginaw band of Chippewa
Vol 7, p.u. Indians, on the fourteenth of January, eighteen hundred and thirty-
seven, has regularly and legally descended to them.
ArPn-yo D, April 20, 1854.

May 8, 1854. CH . LIMI-An Act for tde Bief of Grafion Baker.


Be it enacted by Me Snate and House of R e eI of the United
Granon Baker Saes of America in Congres asemb, That the Secretary of the
to be paid $866,- Treasury be, and he is hereby, authorized to pay to Grafton Baker the
50. sum of three hundred and sixty-six dollars and fifty cents ; which pay-
ment shall be in full for services rendered and expenses incurred by said
Baker, as bearer of despatches from the Governor of New Mexico to the
President of the United States, in the year eighteen hundred and fifty-
two.
A pPovED, May 8, 1854.

May 10, 1854. Ow. LV. -An Act for the Relefof Faymtt Naiwq and Bobert G. Ward.
Be it enacted by th Senate and House of Representatives of th United
Fayette Man- States of America in Congress assembled, That the proper accounting
and Robert
O.Ward to be officers of the Treasury be, and they are hereby, directed to credit the
eAited certain judgment obtained by the United States against Fayette Mauzy and
amount on a Robert G. Ward, in the District Court of the United States for the
judMentt ob- Eastern District of Virginia, amounting to six hundred and fifteen dol-
ained b he
agains them. lars sixty-two and a half cents, with interest from the second day of
April, one thousand eight hundred and forty-one, with the amount certi-
fied by the said court to have been improperly paid by Robert G. Ward,
one of the defendants in a suit in chancery, wherein the United States
were complainants, and John Morrison and others, defendants, the
amount being four hundred and ninety-nine dollars and ninety-seven
cents, with interest on thr'ee hundred and sixty-six dollars seventy-seven
cents, from the eighteenth day of September, one thousand eight hundred
and forty, the same having been certified by the court as justly due by
the United States to the said Robert G. Ward.
Arraovap, May 10, 1854.

May 10,1854. Caw. LV.-An Act to ckn the Name of th Bark Aseona to Mout Vaon.
Be it enacted by the Senate and House of Representativesof the United
Sates of Amer ca in Congress assembled, That the Secretary of the

HeinOnline -- 10 Stat. 780 1849-1862


THIETY-THIRD CONGRESS. Sus. L C& 5, 58, 68, 64 65. 1854. 781
Treasury be, and he ishereby, authorized to issue to the owners of the =egister
to is.
Bark Abeona, of New Orleans, a register under the name of Mount to the1eAbe-
Vernon. naeof Mont
Apraovxv, May 10, 1854. Vernon.

Ca". LVIL-An Act for to Relifo the L gR resentatives Captaia William May 10, 864.
Davis, late commanderof to Aed States tranport&dhooe Ejfau
Be it enacted by the Senate and House of Representatives of the United capt. Wuiam
States of Ameriea in Congress assemnled, That there be paid to the legal Davis's rep-
representatives of Captain William Davis, late commander of the Unpaid $80o.b
ted States transport schooner Eufaula, three hundred and sixty dollars, -
out of any money in the treasury not otherwise appropriated, in full
compensation of all claims against the United States for and on account
of the wages or services of said William Davis as commander of said
transport.
ArRor, May 10, 1854.

Cu". LVflL-An At for the Rdlf of td Hireof Anthosy G. Willi4 deased. la 10, I.
Be it enacted by the Senate and House of Representatives of the Uiited Anthony G.
&tatesof America in Congress assembled, That there be paid to the exe- Wimis rprs-
enters or administrators of Anthony G. Willis, deceased, the sum of sentatives to be
two hundred and fifty-one dollars as compensation -for the use by the Paid 021.
United States of a wagon and team, the property of said Willis, deceas-
ed, during the last war with Great Britain.
APPROVED, May 10, 1854.

C-,r. LX .-An Actfor the R f of Bejmin Rowe. June 92 185.


Be it enacted by the Senate and House of Representatives ofthe United
States of America in Congress assembled That the Secretary of the Inte. be-le
rior be, and is hereby, required to place the name of Benjamin Rowe on edonthe on
the pension roll, at the rate of eight dollars per month, to commence on r, at $ per
the first day of January, one thousand eight hundred and fifty four, and month ,f1-4
to continue during his natural life. for his natural
APPROVED, June 22, 1854. life.

CO r. LXIV.-An Act to audorizea Register to be issued to Aheteamer El Paragwy," June ,15 .


by a ni name.
Be it enacted by the Senate and Bouse of Representatives of the United e x to be
States of America in Congress assembled, That the Secretary of the Trea- Issuedtte "El
sury be, and hereby is, authorized and directed to cause to be issued Paraguay," by
a register to the American-built steamer "El Paraguay," by the name H. o"
of "V. H. Joy," the said steamer having been condemned as unsea-
worthy, and sold in a Brazilian port, but now lying at the port of New Post, p. 880.
Orleans, and owned by an American citizen.
APPROVED, June 22, 1854.

Cip. LXV..-An Act for the IMef of th Widow and Heirs of Eljak Beebe. June 22,ISM.
Be it enacted by the Senate and House of Representatives of the United
States of America in Cogre assemled, That the Secretary of the Trea- Widow iand
wido
an hers o Eljahheirs of Eliah
sury be, and is hereby, directed to pay to the widow and heirs of Elijah Beebe to be
Beebe the sum of three thousand and sixteeen dollars, out of any moneys paid 0,014.
in the treasury not otherwise appropriated, the same being the amount
of principal adjudged to be justly due and owing to the said widow and
heirs of Elijah Beebe from the confederated tribes of Sac and Fox In-

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782 THIRTY-THIRD CONGRESS. Srss. L Cf. 66, 67,78, 74, 76. 1854
dians by Hon. Henry Dodge, Governor of Wisconsin Territory and ex
officio Superintendent of Indian Affairs, by his original certificate
number eight, (No. 8,) and given at the Superintendeney of Indian Affairs
for the Territory of Wisconsin, Mineral Point, July seven, eighteen hun-
dred and thirty-seven.
. APPROVED, June 22, 1854.

June 22, 184. Cnx. IXVI!-As Actfor a Bdifof Thwaa VAWrer.


Be it enacted by the Senate and Home of B resentadvee of th United
Pension of States of America in Congre. amsembl That the Secretary of the Iate-
Inrasedto8 terior is hereby directed to increase the pension of Thomas Fraser, of
per month from Hartford, Maine, whose name is now on the roll of invalid, pensioners,
April 1, .forand to pay to him during his natural life eight dollars per month from
his nau ' the first day of April, one thousand eight hundred and fifty-three, instead
of two dollars and sixty-six cents monthly, which he now draws.
ApitovzD, June 22, 1854.

june ^2 1854 C=AP. LXVIIU An Adt/or the BedWfof 0taia A.A. A. Levagme, of &hUW

Be it enacted 4 the Senate and Hose of Representatives ofthe United


ElsA. . St of Amea in Cbngress anembed, That the sum of two hundred
pAvallettetobe and forty-six dollars and sixty-seven cents be paid to Elias A. F. Laval-
lette, a Captai of the United States Navy, out of any money in the
treasury of the United States not otherwise appropriated, the said sum
being the amount paid by the said Captain Lavallette to Lawrence Car-
dons, who acted as interpreter to the forces under Captain Lavallette
while he was discharging the duties of Civil and Military Governor of
Mazatlan, in Mexico, from October, eighteen hundfed and forty-seven,
to June, eighteen hundred and forty-eight.
APPROV=D, June 22, 1854.

June 2, 1IVA. CuAP. LXXI.--As At jr tm BdiefofPrisd&t 0. Shas.


Be it enacted 6y the Senate and BRous of epresentative, of the United
Pris s C. Staes of America in Congress assemble, That the proper accounting
Simond to be officers of the Treasury be, and they are hereby, directed to pay to
paid 841 . Priscilla C. Simonds the sum of four hundred and eighteen dollars, be-
ing the value of the property of the late Captain Moses H. Simonds,
which was taken possession of by authority of the United.States.
APPIZOvYD, June 29,1864.

June 29, 1854. CmAP. LXXIV.-M Actfor t* ReWfof Zedoc . h/zs.


Be it ena .d by the Senate and Hoe of Represeies oft United
Zaud
t.o .gh
ea
rw to peleeas-
of America in Congress assembed, That the Postmaster-General
ed from jud be and he is hereby authorized and directed to cause Zadoe C. Inghram,
ment U. S%ve late postmaster at Wapelo, Iowa, to be released from a judgment ob-
sgalt hi-. tained against him by the United States, in March, eighteen hundred and
forty-nine for the sum of three hundred and eighteen dollars and 6ighty-
seven cents and all interest and costs.
A.aOvED, June 29, 1854.

June 29, 185 . CroP. LXXV.-An Atfor the Rediqf of Moe Ol teaS
Be it enacted by the Senate and.Huse of Representatives of the United
MIN" Om-ates of America in Congress asembkd, That the Secretary of the In-
stead to be pla e
ed on the pen. terior be authorized and directed to place the name of Moses Olmastead

HeinOnline -- 10 Stat. 782 1849-1862


THIRTY-THIRD CONGRESS. Szss. . GE. 76,77,78, 88, 89. 185& 788
on the list of invalid
SI
pensioners, and pay him, during his lf, at pensi
w e nt i
don rall at 6
per m o n h h r
of eight dollars per month; oad pension to commence on the twe Jne 2,to
0,
4ay of January, one thousand eight hundred and fifty-three. 18 , during-is
.APPROvD, June 29, 1854.

COw,. LXXVL-An Actfor the Reief ofLewd n Washington. June 29, 1884.
Be it enacted by the snate and House of R e a of the Uited
tates of America in Congress assembld That the ;ecrelary of the Lewellyn
Treasury be, and he is hereby required to pay to Llewellyn Washington, be Washington to
out of any money in the treasury not otherwise appropriated, two hun- paid 1054.e
dred and five dollars and sixty-two cents, for services as a clerk in the
Post-Office Department from the first day of May, eighteen hundred
and fifty-one until the fourteenth day of July of the same year.
APPROVED, June 29, 1854.

CHAP. LXXVI.-A Act jfr h'Reli of Ira Day, of VwenonL Jume 29, 1884.
Be it enacted by the Seate andHoume of Representativ of the UW
States of America in Congress assembed, That the Postmaster-General
is hereby authorized and required to pay to Ira Day, of Vermont, or his &Day ' his
legal representatives, one thousand and eight dollars and ninety eents, to be paid
out of the funds of the Post-Offle Department, in full for the balance $1,0.-9.
due to him for transporting the mail from Royalton to Burlington, in the
State of Vermont, from January, eighteen hundred and thirty-three, to
July, eighteen hundred and thirty-seven.
Armov=D, June 29, 1854.

CM kr. LXXVIIL-An Act for a Rdief of Jams Jefj W' and Jeamiah H. SWa June 29, IN.
Be it enacted by the Senate andHomue of Representative- of the United
&ates of America in Congress assembled That the Postmaster-General Postmaster-
be, and he is hereby, authorized in his discretion to cause James Jeffries General author-
and Jeremiah L Smith and their guarantors to be released from the Jamessandjar.
penalty incurred by the failure, on the part of said Jeffries and Smith, emish M.Smith
to carry the United States mail upon routes six thousand two hundred
and sixty-eight, six thousand two hundred and sixty-nine, and six thou- to the U.S.
sand two hundred and seventy-seven, according to the bid offered by "'i*
them and acepted by the Post-Office Department, and that he also cause
to be refunded to the said Jeffries and Smith the pmount of any fines Ali fines paid
paid by them in consequence of any failure on their part to carry the b to bore-
mails upon said routes.
AppiOVED, June 29, 1854.
Cmup. LXXXVM.-An Act to change th Name of theAmerioa. uit Brig "Ea/owdel" July 1l 1884.
to tat of" James Pose," and to grant her a new Reister.
Be it enacted by the Senate andRouse of Representatives of the ([nited
States of America in Congress assembled, That the Collector of the Register to is-
Customs of the port of Charleston, in the State of South Carolina, be, sue to the Hal-
and he is hereby, authorized under the direction ot Sc t lowell under
of the Secretary of the name and title of
Treasury, to admit to register under the name and title of the "James James Ros
Rose," the American-built brig now owned by Hall and Company of
said Charleston, and known as the "HallowelL"
APPROVED, July 17, 1854.

CO . LXX -An Ad ./rthe Rlief of the Mi sea Wool/kn apany. July 11, 1854.
Be it enactetby the Senate and Hotse of Representativesof the United
States of America in Congressassembled That the sum of one thousand
one hundred and eighty-one dollars and sixteen cents be, and the same

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784 THIRTY-THIRD CONGRESS. Sns. L CE. 90, 91, 92, 98. 185.
hereby is appropriated, out of any money in the treasury not otherwise
Utc Go.to
Woolten Steam
be appropriated, to be paid to the Utica Steam Woollen Company, of Utica,
pad $1,181.16. inthe State of New York, in fall of their account for interest on goods
furnished to the Quartermaster's Department.
APFR.ovYD, July 17, 1854.

July 1, 854. CHAP. XC.-Aa Ad to conjfra t/ Cla of Wilea H. Henderson, and the Hirt of
Ja1rt Hmson, to j*ve hundred acres of land inase2ksop Qvnt.

Be it enacted y the Senate andHouse of Representativesof the United


,%ates of America in Congres assem/ed, That William H. Henderson
and the heirs of Robert Henderson, of the parish of Morehouse, State
of Louisiana, be, and they are hereby, confirmed in their claim to five
William H. hundred acres of land in the prairie of Jefferson, on which the said heirs
Henderson and reside, as represented in the report of the Register and Receiver of the
heirs of Robert
Henderson's Land-Office at Monroe, in their report of the thirtieth of July, eighteen
claim to land hundred and fifty-two, and that a patent issue to them after a legal sur-
confirmed. vey duly returned: Provided, That this act shall be construed only as a
Patent for same relinquishment of title on the part of the United States, and shall not
to Iue. affect the claims of other persons to the same, if any.
Proviso. APPROVED, July 17, 1854.

July 17, 1854. CoAP. XCL-An Act for doe Relief of Juan N. Law and Jon L. Lyow.
Be it enacted by the Seate and House of Representatives of do United
Juan X Luo Seates of America in Omg ress assemed That Juan M. Luco and Jose
alloe too L. Luco shall be, and they are hereby, permitted to file their claim and
their claim to title to a certain tract of land in California, known as the "Ulpines
lad In Califor- Rancho," before the United States Land Commissioners to ascertain and
nia before the U.
S. commission- settle the private land claims in the State of California, appointed under
ers. the act approved third of March, eighteen hundred and fifty-one; and
18 1, oh. 41. that said commissioners shall take cognizance of and pass upon the said
Commissioners claim, in the same manner as if the said claim had been filed prior to the
to acta, ifit had
claim thednexpiration of the time fixed for filing such claims by the aforesaid act.
been duly wfed. APPROVED, July 17, 1854.

July Ir,184. CHAr. XCII.-An Act for the eUief of orneau 1. Laa.
Be it enacted /M4e Senate and House of Representatives of the United
Cornellus H. States of America in Congress aseembd, That the Secretary of the In-
Lathanm
placed to be terior is hereby authorized and directed to place the name of Cornelius
onatpen-. H. Latham,
sionroil, of the State of New York, on the invalid. pension
. roll, at
Rer month, from the rate of four dollars per month, to commence on the first day of Jan-
for naturalone
6 usnry, thousand eight hundred and fifty, and to continue during his
life.
APPROVzD, July 17, 1854.

July 17',
1854. Cn . XCD3L-An Act for the Reief of Gorge W. Gibmn.

Be it enactedtMe Senate and House of RprB"


snta ve of d Visied
States ofAmerica in (ongress assemed, That the Secretary of the In-
GleorgeW. Gib- teror be, and is hereby, authorized and directed to place the name of
on tho be Plced George W. Gibson, of Boone county, Indiana, on the roll of invalid pen-
roll at $6 per sloners; and that the said Gibson be allowed a pension of six dollars per
month, from
Marc~h 9,1852s, month from thet ninthuiday of March, one thousand eight hundred and
for his life, fifty-two, to continue during his natural life.
APPROvED, July 17, 1854.

HeinOnline -- 10 Stat. 784 1849-1862


TffRTY-THMRD CONGRESS. Szss. L CH. 94, 95, 96, 97. 1854. 785
Cuz". XCIV.-An Actfor Of IUW ofd amud W. Brady. July 17, is".
Be it enacted by the S nate and House of Representatives of the United
Srates of America in Congress assemb ed, That the Secretary of the In- Samuel W.
terior is hereby authorized and directed to place the name of Samuel W.*plaed
Brady to be
on the
Brady, of Virginia, on the roll of invalid pensions, and to pay to him-the pension ron at
sum of four dollars per month during his natural life, to commence on C permonth,
from January 1,
the first day of July
January, one thousand eight hundred and fifty. 1850, fornis life.
APnovwD, 17, 1854.

Cip. XCV.- An Ac to aWo ixeesueofa Register to the Brig Amelia,&u tho name July1, 1884.

Be it enacted by the Senate and Hose of Representatives of the United


,Saterof America in Congress assembled, That there be issued under the Eesteortheto be
direction of the Secretary of the Treasury, a register to the Russian- issue toby the__
ryel
built brig Amelia, by the name of Abby Frances, now owned by Charles name of Abby
Parsons, of New Orleans, in the State of Louisiana: Provided, It shall Fr-ee.
be proved to the satisfaction of said Secretary, that the cost of the repairs Provso.
made in the United States, after the purchase of said vessel by the pres-
ent owner, is equal to three fourths of the 'value of said vessel at the
time of said repairs.
AxpPovED, July 17, 1854.

CH". XCVL - An Act for te Reliefof A. B. Reman, ofLouisiana. July it7,i88"


Be it enacted y the Senate and House of Ripresentatives of the United
States of America in Cngress assembled, That A. B. Roman, of the. Al the r-.ht,
parish of St. James, and State of Louisiana, be, and he is hereby, y, con- te United
con-aStates have
in
firmed in all the right, tile, and interest, now held or possessed by the certain lands
United States in and to the following lands, now in his occupation, to confimed to A.
wit: eighteen arpens front oa the right bank of the Mississippi River, and B.Rmn
running back to the stream or bayou called Icetamon, in said parish,
being part of a French grant made to Nicholas Verret in seventeen hun-
dred and sixty-five; and also nine arpents and six toises front, adjoining
for the nine ar-
the first described tract, with the depth of fortyarpent, consisting
pents and six toises front, the said last described tract of two
complete grants made by the Spanish government to Joseph Hebert and
Jean Baptiste Cornie on the twenty-seventh of September, seventeen
hundred and seventy-three, and the two tracts so described containing
seven thousand four hundred and thirty-eight acres of land: Provided, Provio.
That this act shall only be construed to vest in the said A. B. Roman
the rights, title, and interest, in said lands now held and possessed by the
United States, and shall not be construed in any way to imapair the bond
jide rights, interests, or claims, acquired by any other person under ad-
verse grants, concessions, or purchases, muide prior to the passage of this
act.S 2..And be it further enacted, That a patent be, and the same is
dc. Patent to e
t A. B. Roman
hereby, directed to be issued to the said for the lands de- fo said
scribed in this act.
AP RiOVD, July 17, 1854.

CHAP. XCVII.-Aa Ac to prosiI a Pensionfor S.i'eant G. W. Ton c July 17',1884


Be ltsitofenactd by the Senate and House
Amrca in b ne s
of .R rewstatives of he Unitd
gassemd That Sergeant . W. Tor-a .. -
Volunteers,
rence, of Captain Fairchild's company of Loisiana Mountedflane pre n t e
be placed upon the pension roll, at the rate of twenty dollars per month, pesio onth
roll at
to commence on the fourth day of April, eighteen hundred and fifty-four. WSOpermcth,
APPrnovEd, July 17, 1854. he r~mApril 4,
VO-. X. "PRs. 99

HeinOnline -- 10 Stat. 785 1849-1862


THIRTY-THIRD CONGRESS. Szss. L Ch. 98. 1854.

July 20,1L Cla. XCVIl-n Ad to hmoorat the Q(~,dm#


G (ia Cmpap.

Be it enacted by As Senate and House of Representatives of ahe United


Coporao. States of America in Congress assembed, That David English, Robert
P. Dodge, Richard Cruikshank, William M. Fitzhugh, Richard Pettit,
William F. Seymour, Adolphus H. Pickrell, and William Bucknell, and
their present and future associates, are hereby declared to be a body
Name. politic and corporate, by tie name and style of "The Georgetown Gas-
light Company," and by the same name shall have perpetual succession,
Powers and and shall be able to sue and be sued, plead and be impleaded, in all
duties. courts of law and equity in the District of Columbia and elsewhere;
to make and have a common seal, and the same to break, alter, and
renew, at pleasure; to ordain and establish by-laws, ordinances, and re-
gulations, and generally to do every act and thing necessary to carry into
effect this act, or to promote the objects and design of this corporation.
Capital stock Szo. 2. And be itfurther enacted, That the.capital stock of this cor-
$1n0.0o0. poration shall not exceed one hundred and fifty thousand dollars; that a
share in the same shalL.be twenty-five dollars, and books of subscription
to the said capital stock, or to such portions thereof, as from time to time
may by the directors, for the time being, be deemed proper and neces-
sary, shall be opened by the appointment, or under the direction of the
directors hereinafter named, subjet to such rules, limitations, and condi-
ed tions as by them shall be prescribed, and the stock of the said company
s shall be deemed personal property.
Afrs,
adda ". of Sue. 8.Ad be'itfiwtbr enaceea That the stock, property, and affairs
eorporfuon
to of the said cmpany shall be managed and conducted by and under the
by a presdent direction opresirsint t and seven diectors, being stockholders ; that
ands- how tey
ors the said directors sha be elected on the first Monday of June, in the
.Vfeet
are to be en,year eighteen hundred and fifty-four, and on the same in each su-
ceeding year thereafter, and shall hold their offices for one year from the
day of their election, and until other directors shall be elected in their
place; that such elections shall be held in Georgetown aforesaid, at such
time and place as a majority of the directors for the time being shall
appoint, and notice of such time and place of election shall be given by
advertisement in one or more newspapers printed and published in the
said town, at least fourteen days before the day of holding such election,
and every such election shall be by ballot, and by such of the stock-
holders as shall attend for that purpose, either in person or by proxy,
and each stockholder shall be entitled to one vote for each share of the
stock which he or she may have held, and may continue to hold in his or
her own name, for at least fourteen days before the time of voting; and
the persons having the greatest number of votes shall be the directors;
and if it shall happen that two or more persons shall have an equal
number of votes, the directors in office at the time of such election shall,
by a plurality of votes, given.by ballot, determine which of the persons
so having an equal number of votes shall be director or directors, so
Directors to as to complete the whole number to be chosen; and the directors so
cho o of chosen shall, as soon as may be thereafter, proceed to elect by ballot,
president. one of their own number, or one of the shareholders, to be their presi-
dent; and whenever any vacancy shall happen in the said board, of
president and directors, the same shall be filled up by the remaining
Proviso, directors by plurality of votes, until the next annual election: Provided
aloaes, That the president of the said company, and at least six of the
directors, shall be inlabitauts of the said town.
Appointment Szc. 4. And be it furte enated, That David English, Robert P.
of treitdi.- Dodge, Richard Cruikshank, William M. Fitzhugh, 'Richard Pettit,
rector and Is-William F. Seymour, Adolphus H. Pickrell, and William Bucknell shall
Duration o be the first directors of the said company; the first named of whom shall
their o1e, be their president, and shall hold their offices until the first Monday in

HeinOnline -- 10 Stat. 786 1849-1862


THIRfY-THIRD CONGRESS. Szss. L CH. 98. 1854. 787
June, in the year eighteen hundred and ffty-feur, and until others are
chosen in their places.
Szc. 5. And be itjirtherenacted,That in case it shall happen at any When the day
time that an election for directors shall not take place on the day ap-of election m&Y
pointed by this act for that purpose the said corporation shall not for by-laws.
that cause, or for any non-user, be deemed to be dissolved, but it shall
anul may be lawful to hold an election for directors on any other day, in
such manner as shall be provided for by the by-laws of the said corpo-
ration.
SEc. 6. And be itfurerenacted, That it shall and may be lawfUl for Mner.In
the directors or a majority of them, to require payment of the sub.. p *A xabe
tions to the capital stock of the said corporation at such times and in paid In.
such proportions as they, or a majority of them, shall deem 11t, under the
penalty of forfeiting any or all previous payment or payments thereon:
Poid, Notice of the instalment required to be paid shall have been Prviso.
published at least fourteen days in one or more of the newspapers printed
and published in the said town, before the day appointed for the payment
thereof
Sac. 7. And be itfurther enacted, That the President and Directors President and
shall have full power and authority to manufacture, make, and sell gas, zaretoad ter
to be made of coal, oil, tar, peat, pitch, turpentine, or other material, and . n. -
to be used for the purpose of lighting the City of Georgetown, or the
streets thereof, and any buildings, maniifactories, or houses therein con-
tained and situate; and to lay pipes for the purpose of conducting gas in
any of the streets, lanes, or alleys of the said city: Provided however, Proviso.
That the said company shall so conduct the manufacture of gas as not to
injure private property, or create a nuisance; and that the said pipes
shall be laid, subject to such conditions, and in compliance with such
regulations, as the Corporation of Georgetown, aforesaid, may from time
to time prescribe: And providedfurther, That the right to erect and put Further pro
up any buildings, works, or apparatus, for the manufacture of gas, shall 'I
be subject to such terms, conditions, restrictions, and regulations as the
said Corporation of Georgetown may, from time to time, prescribe or
direct.
SEc. 8. And be it further enacted That,if any person or persons shall Penalty for
r
wilfully do, or cause to be done, .any act or acts whatsoever, whereby the ul ilmy fiNing
works of the said company, or any pipe, conduit, plug, cock, reservoir, y-M °
or any engine, machine, or structure, or any matter or thing appertaining works, erected
to the same shall be stopped, obstructed, impaired, weakened, injured, or by said corn-
destroyed, the person or persons so offending shall forfeit and pay to the
said corporation double the amount of the d smage sustained by means
of such offence or injury, to be recovered in the name of said corpora- How revover-
tion, with coat of suit in any action of debt, or on the case, to be brought e.
in any court having cognizance thereof.
Sic. 9. And be it .further enacted; That nothing in this act shall be Noth-Ing inthis
onstrued to prevent any person
p or person nor any inorporated com-straed
o-act to be o-to
so as
pany, hereafter to be created by Congress for that purpose, from engag- prevent any per-
ing in and pursuing the business specified in the seventh seetion of this - n
act; and that it shall be lawful for Congress, at any time he , to the business spe.-
alter, amend, or repeal this act. cifled in the th
Szc. 10. And be it further enacted, That nothing in this act ...contained
.
motion
act.
of this
shall be construed to authorize the said Georgetown Gaslight Company Said ooro-
to make, issue, or put in circulation any bill, draft, check, order, pro- fromti prihld
making, IS
missory note, chng ticke or any thing else promising or agreeing to si, o puttng
pay money, intended to circulate as money, or the tendency of which shall in crculation
be to circulate as money or currency, and the violation of any one of the drt Qek Co,
4&e. i-
provisions of this section shall be a forfeiture of the charter hereby given, tended to diro
and shall subject each of the directors voting for the same, to a fine of late as moey.
fifty dollars.

HeinOnline -- 10 Stat. 787 1849-1862


788 THIRTY-THIRD CONGRESS. BSS. L CA. 100, 101, 104 1854.
Szc. 11. And be it further enacted, That each of the stockholders in
Individual te- the Georgetown Gaslight Company shall be held liable in his or her indi-
,mty of the vidual capacity for all the debts and liabilities of the said company, how-
ever contracted or incurred, to be recovered by suit, as other debts or
liabilities, before the court or tribunal having jurisdiction of the case.
Szc. 12. And be itsfurtherenacted,That all right granted to the Wash-
Part of act of ington Gaslight Company 'by an act entitled "An act to amend an act
peahd .9 re- entitled ' An act to incorporate the Washington Gaslight Company,
aproved July eight, eighteen hundred and forty-eight,' approved August
second, eighteen hundred and fifty-two," to lay gas mains or pipes in the
City of Georgetown, be and the same is hereby repealed.
AP.PovED, July 20, 1864.

July 20,1s. CAP. C.-An Adfor MteMief of Thomas X Genn.


Be it enacted by the Senate and House of Representatives of the United
T. K. Glenn's States of America in Congress assembed, That the Postmaster-General
ac0nt r c..ar- be, and hereby is, authorized to cause the account of Thomas M. Glenn,
be setthe and for carrying the mail from Raleigh to Roxboro, in North Carolina, from
paid soas to or- the first day of July, eighteen hundred and fifty-one, during the time he
rist &Ihtakesn been engaged, and to the termination of his contract, to be settled and
his Propos. paid in such manner as to correct an alleged mistake made in his propo-

Proviso. sals: Provided,The Postmiaster-General be satisfied of the existence of


such mistake, and that the difference to be paid to the said Thomas K.
Glenn, with what he has already received, shall not exceed the amount
Amount to be of the next lowest bid, or the rate of two hundred and seventy-five dol-
paid. lars per annum for the term of the contract, or the actual performance
of the service.
APPitOVED, July 20, 1854.

July 20, 1854. Cati. CL- An Acfor Me fdief of Carls &oplss.


Be it enacted bp the Senate and House of Bepresentatives of the United
Charles Sta- &ates of America in Congress assembled, That the Secretary of the Inte-
pe t0 ..... ri. be, and he is hereby, directed to place the name of Charle& Staples;
nor
rols at S per of the State of Maine, on the pension rolls of the United States, at the
month,from rate of eight dollars per month, to commence on the first day of January,
January 1 1858,
for his in the year one thousand eight hundred and fifty-three, and to continue
during his natural life.
APpRovED, July 20, 1854.

Juldy24, 1854. CH"n. CIV. -An Act to coqfinn the CWaM of Dusuv do 74 Crox to aLot of Land
theren descaie4
Whereas in the supplemental report of the register and receiver at
Preamble. Jackson Court-House, dated twenty-ninth of December, eighteen hundred
and twenty, communicated to the Senate twenty-third of February,
eighteen hundred and twenty-one, it is stated that claim number four, in
said report, was "inadvertently omitted in the general report" made on
the eleventh of July, eighteen hundred and twenty, and presented to the
Senate the seventeenth of November, same year; and whereas, it is con-
sidered by the Commissioner of the General Land-Office that, by reason
of said omission, the .said claim is not entitled to the confirmation con-
182 ch. rs. tained in the act of eighth of May, eighteen hundred and twenty-two,
confirming the general report of eighteen hundred and twenty:
Be it enacted by the Senate and House of Bepresentatives of the United
Land claim States of America in Congress assembled, That claim number four, in the
confirmed tVu-supplemental report hereinbefore referred to, be, and the same is hereby,
suande I&Cr. confirmed to Dusuan de la Croix, his legal representatives and assigns,

HeinOnline -- 10 Stat. 788 1849-1862


THIRTY-THIRD CONGRESS. Szss. L Cu.111. 185& 789
according to the Spanish survey referved to in said claim, as fully, in like
manner, and to same effect, as if sald claim had been confirmed to
said Dusuan de Ia Croix, his legal representatives, and assigns, by the
act of eighteen hundred and twenty-two aforesaid: Provided,That this
grant and confirmation shall amount only to a relinquishment, on the
part of the United States, of all its right and title to the lot of land here-
by granted and confirmed.
AppROVED, July 24, 1854.

CQAp. CXI. -An Act to Imorporatetas Proprietorsof tae Glenwd Ceeterj. July 27, 1u.
Be it enacted by the &nate and House of Representatives of the United
States of America in (Jonqress assembled, That Charles B. Calvert, Corpoetos.
George Parker, William B. Todd, James C. MeGuire, William A. Brad-
ley, Charles S. Wallach, Abner Miller, William Banks, Joseph B. Close,
William Phelps, William S. Humphreys, Randolph S. Evans, and their
successors be, and they are hereby created a body politic and corporate,
by the name and title of the proprietors of the " Glenwood Cemetery in Title.
the District of Columbia," and by that name shall have perpetual succes-
sion, and shall be able and liable to sue and, be sued in any court of
law or equity, may have and use a common seal, and shall have power Powers.
to purchase and hold not exceeding one hundred -acres of land in the
District of Columbia, north of the limits of the City of Washington, to
sell and dispose of such parts of said land as may not be wanted for the Prove.
purpose of a cemetery: Provided, That at least thirty contiguous acres
shall be forever appropriated and set apart as a cemetery, with author-
ity to said corporation to receive gifts and bequests for the purpose of
ornamenting and improving said cemetery, and to hold such personal
property as may be requisite to carry out the object of this act.
Sic. 2. And be itfurther enacted, That tae affairs of the said corpora- Affairs of the
tion shall be conducted by a president and three managers, who shall ducted corporation
by a con-
pro-
be elected annually, by a majority of the votes of the proprietors ; the sident and three
said president and managers to fill all vacancies in their own body, and mWa=ers.
shall have power to lay out and ornament the grounds, remove and alter Power of the
old buildings and erect new ones, to lay out and sell or dispose of burial president and
lots, to appoint all necessary officers and agents, and fix their several du- managers.
ties and compensation, and to make such by-laws, rules, and regulations
as they may deem proper for conducting the affairs of the corporation,
for the government of lot-holders, and visiters to the cemetery, and
for the transfer of stock and the evidence thereof. In all elections held who ean vote.
under this act, each proprietor shall be entitled to one vote for each share
held by him or her.
SEc. 8. And be it farther enacted, That the capital stock of said capital stock
company shall be represented by two thousand shares of fifty dollars 2,00abs, SM
each, divided among the proprietors according to their respective inte- ac"
rests, and transferable in such manner as the by-laws may direct.
Sac. 4. And be it further enacted, That no streets, lanes, alleys, xoteets,
roads, or canals, of any sort, shall be opened through the property of Ime" tobe
said corporation, exclusively used and appropriated to the purposes of a Cemtery
cemetery : Provided, That nothing herein contained shall authorize said Proviso.
corporation to obstruct any public road, or street, or lane, or alley, now
actually opened and used as such.
Sac. 5. And be it futer enacted, That any person who shall wilfully Penalty for
destroy, mutilate, deface,injure, or remove any tomb, monument grave- wllffyiqurink,
destoymutlat,
stone, or other structure inure
placeddeace
or emoecemetery,
in said ay tmb, onuent
or any grve-destroying,
fence, railing, orre-
moving any
or work for protection or ornament of said cemetery, or any tomb, monu- erections inthe
ment, gravestone, or other structure thereon, or shall wilfully destroy, cemetery, or for
wfu y inurng
cut, break, or remove any tree, shrub, or plant, within the limits of said or removing or
cemetery, shall be considered guilty of a misdemeanor, and on conviction destroying any

HeinOnline -- 10 Stat. 789 1849-1862


790 THIRTY-THIRD 0ONGRESS. SEss. L CiL 112, 118. "1854
tree, &e.Inthe thereof before any justice of the peace of the County of Washington,
sa1e. shall be punished by fine, at the discretion of the justice, according to
the aggravation of the offence, of not less than five, nor more than fity
dollars.
Four peros SEC. 6. And be it further enacted, That until an election shall be held
shal utfra under the provisions of this act, the four last named persons in section
lectuon under first shall be the managers of said corporation.
tis ano
Lots not sub- SEC. 7. And be itfurtr enaded, That burial lots in said cemetery
jeot to debts of shall not be subject to the debts of the lot-holders thereo4 and the
stockholders, land of the company dedicated to the purposes of a cemetery shall not
Land
party of
exempt be Sc.8
bm-subject to taxation of any kind.
taxaton. Sze. And e it urder enacted, That the said corporation shall pro-
Report of In- vide for the re= from time to time to the Corporation of Washington
rments reports of all interments made in said cemetery of persons who may have
died within the limits of the said Corporation of Washington, in such
manner and according to such forms as may be prescribed from time to
time by the Corporation of Washington.
Title to the SEc. 9. And be itfurtherenacted, That a certificate, under seal of the
burial lots. corporation, of the ownership of any lot aforesaid, shall in all respects have
the same effect as any conveyance from said corporation of said lots
would have, if executed, acknowledged, and recorded as conveyances of
real estate are required to be.
.brgraopr- SEc. 10. And be it farther enacte, That nothing in this act shall be
r. o t-. so construed as to authorize the said corporation to issue any note, token,
scrip, & as ' device, scrip, or other evidence of debt, to be used as currency.
eUhnhe SEC. 11. And be it further enacted, That this act shall take effect from
takes effet: the passage thereof
subjeottotheao- Szc. 12. And be itfrtar enacted, That it may be lawful for Con.
u°d ,.'= "gress hereafter to alter, amend, modify, or repeal the foregoing act.
biliyof the Szc. 18. And be it further enacted, That each of the stockholders in
sckholdes, the said company shall be held liable in his or her individual capacity
for all the debts and liabilities of the said company, however contracted
or incurred, to be recovered by suit as other debts or liabilities before
the court or tribunal having jurisdiction of the cano.
APPaOVzD, July 27, 1854.

July27,1854. Cnar. CII-An Act for the liqf of the Rerqeata we ofJoqA Vatson, diasd.
Be it enacted by theSeate and Housof Representatives of the United
The United &ae. of America in Congress assembed, That the Solicitor of the
Stats' cemh Treasury be, and he is hereby, authorized and directed to cause to be
wsto bere- executed, on the part of the Upited States, a full release and aequitance
leased. of the claim against Joseph Watson, as one of the sureties of Henry
Property held Ashton, late Marshal of the District of Columbia, and that the property
said cluit obe in the City of Washington, at present held in trust as security for the
reconveyed. payment of said claim, be reconveyed to his legal representatives free,
Proviso, and discharged from all such incumbrance : Provided, That they release
the claim against the United States for services rendered by James Wat-
son, as Secretary of the Indian Department and Store-keeper in the
Territory of Michigan.
.APPnOVED, July 27, 1854.

July 2T, I8"4 ON". CXIM -An Auct ohReie of tOwE~xect qf te late Brevet- olonel A.
C. .Fannigof as UdW as Arm.
Han'let o. Be it enacted by the Smeate and Houmse of Representative of the United
Bead.exeutz &wes of America in Congress assembled, That the Secretary of the
ofA. . W.F - Treasury pay to Mrs. Harriet 0. Read, executrix of the late Brevet-
100. . Colonel A. C. W. Fanning, of the United States army, the sum of five

HeinOnline -- 10 Stat. 790 1849-1862


THIRTY-THIRD CONGRESS. Sus. L Ch. 114,115,116. 1854. 791

thousand nine hundred and eighty ,dollars, out of any money in the
treasury not otherwise appropriated, being the amount claimed by the
said executrix to be due the estate of the said Brevet Colonel Fanning,
as balances of his accounts against the United States for services ren-
dered in eighteen hundred and eighteen and eighteen hundred and
twenty-one, as United States Commissioner in receiving and restoring
St. Mark's, and as Indian Agent at forts Gadsden and St. Mark's, from
April, eighteen hundred and eighteen, to December, eighteen hundred
and twenty-one.
APPROVED, July 27, 1854.

Ca". CXIV.-An Actfor Me BdA of Jolt W. K. July 27, 18.


Be it enacted by the Senate and House.of Representatives of tro United
&ates of America in Congress assemUed, That the Postmaster-Gene- john W. Kei
ral be, and he is hereby, authorized and directed to have the accounts ly's account for
of John W. Kelly, late a contractor on route number three thousand five i. t
hundred and forty,.from Bainbridge, Georgia, to Apalachicola, Florida, tied at the con-
audited and settled by the proper accounting officers, and to allow the traOtprim
said John W. Kelly the contract price stipulated to be paid him, to wit:
the sum of two thousand four hundred dollars per annum, from the first
September, eighteen hundred and fifty-two, to the thirtieth of June,
eighteen hundred and fifty-five, the day on which his contract would
have expired, deducting therefrom the payments heretofore made the
said John W. Kelly on account thereof; and the sum when so ascer- Received in
tained and paid shall be in full of all claims which the said John W. flu of all olam
Kelly may have for damages in consequence of the annulment of his If d or
said contract on the twenty-first day of February, eighteen hundred and tract.
fifty-three, by the Post-Office Department.
SEC. 2. And be it further enacted, That the amount ascertained to be Appropriation.
due the said John W. Kelly be paid out of any money in the treasury
not otherwise appropriated.
APPROVED, July 27, 1854.

CKa. CXV.-An Actfor tke Ediefof Wi/iam Swma Fctor. July 127, 1854.
Be it enacted b the Senate and Hose of Representatives of te United
tates of America in Congress assembkd That the sum of two thousand WMiam S.
dollars be paid to William Senna Factor, out of any money in the trea- Factortober
sury not otherwise appropriated, as indemnity in full for property of Rose nlt for property
Factor, destroyed by order of the American officers of the United States destoed.
army, in the Seminole war of eighteen hundred and thirty-six, and for
property taken by such officers for public use in said war: Provided; P'roviso.
That the Secretary of the Interior shall first be satisfied that said Wil-
liam Senna Factor is the legal representative of Rose Factor, deceased:
Provded, That the said sum shall be received in full, of all claim on Further pro-
account of the property herein mentioned. VIS.
APPaOVxD, July 27, 1854.

CO . CXYL-An Act for ae fJm . Ww July SY, is".


Be it enacted by t Senate and Hose of Represent" s of tU nimted
Sates of America in Congrese assembkd; Tjat the Secretary of the John s. Wilt-
Treasury be, and he is hereby, authorized to pay to John S. W'flson, the nto be paid
sum of eight hundred dollars, with interest thereon, at the rate of six per eat ftm May 17,
centum per amnum, from the seventeenth day of May, eighteen hundred 'm.
and twenty-two, in full compensation to the said John S. Wilson, for the
damages sustained by being evicted of his title, derived by patent from
the United States, to the east half of stion twenty-two and west half of

HeinOnline -- 10 Stat. 791 1849-1862


792 THIRTY-THIRD CONGRESS. SBs. L Cm 117, 118, 119, 120. 1854.
section twenty-three, in township My-two north, of range one east, of
the fifth principal meridian in the State of Missouri, by the decree of
the Supreme Court of the United States, in fhvor of the devisees of Au-
guste Choteau, at the January term, in the year eighteen hundred and
thirty-five.
Appropriation. Szo. 2. And be itfurther enacted, That the money herein granted, be
paid out of any moneys in the treasury not otherwise appropriated.
APPROVED, July 27, 1054.

July 2T, 18". CHw. OXVII.-An Atfor tk ReidefqI od Hmnd.

Be it enactedby the Senate and House of -Representativesof the United


Manuel Her- &tates of America in Congress assembled, That Manuel Hernandez be,
nandez to locate and he is hereby, authorized to locate, not to exceed eight hundred
land on the pub- arpens of land, French measure, according to the legal subdivisions, on
ri lands of lo- of the public lands in the State of Florida, subject to private entry,
which shall be in full compensation for all the damages he may have
sustained in being dispossessed of eight hundred arpens of land, about
three miles distant from the mouth of the Escambia River, lying and
situate between the lands of Joseph Noriega and those of the free
mulatto named Charles, being the same lands that were granted'to Jo-
seph Hernandez, deceased, by the Spanish Government, on the eighth
day of October, eighteen hundred and seventeen.
Patent to be SEc. 2. And be it furer enacted That the Commissioner of the
as&ed. General-Land-Offiee, upon the receipt of the certificate of entry from the
register of the proper land-office, shall cause to be issued a patent for the
lands authorized to be located by this act.
APPROVD, July 27, 1854.

July 27, 1854. Co". CXIV -An Ad for tke Beliefof WMan 0bude Jons&
Be it enacted the &nate and House of .Representativesof the.A ited
William . States of America in Oongress assembled, That the Secretary of War be,
thdrneobe p-ad and he is hiereby, authorized and directed to settle the account of William
tween the pay Claude Jones against the United States, for his military services in the
of a private and United States army, and allow him the difference between the pay of a
that of aommis- i
sary of subsist- private, which he did receive, and the compensation of a commissary of
ence from Sept. subsistence, to which ho is entitled, from the twenty-eighth of September,
28,1887 to Aptil, eighteen hundred and thirty-seven, to the second of April, eighteen
2,1838.
Appropriation. hundred and thirty-eight, and that the same be paid out of any money in
the treasury not otherwise appropriated.
APrPtovzD, July 27, 1854.

July 27, 1854. Duf.


ComA. CXIX.-An Act/br the Relief of.TopK Gonder, junior, and JbAM
Be it enacted b' the Senate and House of Represent es ofthe United
The suit States of America in Congress assembled, That the Secretary of the
stero n Navy be, and he is hereby,'athorized' and directed to cause to be dis-
Duff to be dis. continued the suit brought against Joseph Gender, junior, and John
eontinued. Duff, in the District Court of the United States for the Eastern District
of Pennsylvania, for the alleged violation of a contract made on the twen-
tieth day of June, eighteen hundred and forty-six, to furnish stone for
the dry-dock at the Brooklyn Navy-Yard.
APPROVED, July 27, 1854.

July 2-,18 4. CXX. -- An Atfor e Rdiefof Roke Grinos.


Ca
Robert rig- Be it enacted bj the &nate and House of Representati.as of the United
non to be i States of America in Congress assembled, That the Secretary of the
$19,000.

HeinOnline -- 10 Stat. 792 1849-1862


THIRTY-THIRD CONGRESS. Siss. I. C. 121,122, 128, 124. 1854; 798
Tyeasury be, and is, authorized and directed to pay unto Robert Grig-
non, out of any money in the treasury not otherwise appropriated, the
sum of nineteen thousand dollars, in full satisfaction of his claims against
the United States arising out of the treaty with the Menomonee tribe or
nation of Indians, ixecuted the third day of September, one thousand
eight hundred and thirty-six: Provided, That before the said money nPoso-con-
shall be paid to the said Grignon, the consent of the said tribe of Meno- mo n iaen to
monee Indians shall be obtained thereto, which consent shall be certified be Ast given.
by the sub-agent for said tribe.
4pPRovzD, July 27, 1854.

Ca. CXXL -An Act for tMeAdiefofA. G. Bemut. July 2N, 1854
Be it enacted by tAe Senate and House of _epresentatives of the nited
Stes of America in Congre assembke, That the proper accounting A. G. Bennett
officers of the Treasury Department, in settling the accounts of Albert mone p
G. Bennett, paymaster in the United States army, be, and they are bl. -v him
hereby, authorized and instructed to allow him credit for whatever sum bythe urning
of money he may prove, to the satisfaction of the Secretary of War, toO the Volant.
have been lost by him by the burning of the steamboat Volante, between
Vicksburg and Yazoo City, on the fifteenth of November, eighteen
hundred and fifty-three: Provided, The amount shall not exceed.the sum Proviso.
of twclve hundred and eighty-one dollars and eighty cents.
APPRoVED, July 27, 1854.

Ca. CXXIL- An Ad for 46 Beief of Lavinia Taylor. July 27, 1"


Be it enacted by the &nate and Houe of Represvetatives 'of ta Uited 1855, c 50.
,tates of America in Congress assembed, That the Secretary of the Fie= pay
Treasury be, and he is hereby, instructed to pay to Lavinia Taylor, widow of her,and
of the late Isaac Taylor, a private in the army of the United States, a widow Tayl.
sum equal to five years pay of her said husband, at the rate to which he
was entitled at the time of his death, out of any money in the treasury
not otherwise appropriated.
APPRovED, July 27, 1854.
Cw. CXXIL.-An Afr ts e of the Le e fS e e y, 8

eit eacted the Senate andHose of.epreentative of te United


tates of America in Cbn assebled That the proper accounting ss,935.6 to be
officers of the Treasury be, and they are hereby, directed topay to the legal petd to the legal
representatives of Samuel Prioleau, late of Charleston, South Carolina, of Sanuel P.o.
the sum of six thousand nine hundred and twenty-eight dollars and sixty lea.
cents, being in full compensation for property taken from said Prioleau,
at Charleston, for the use of the United States, during the revolutionary
war.
APPROVED, July 27, 1854.

Coup. CXXIV-Aa Ad for th Rlif f th Legri Repreative ofeJodwat rennedy, july 37,1554
deceased.
Be it enacted y aSenate
te and Hoe of Representative of the United
States of .Amrica in Congress assembed, That the Secretary of the $6,500 to be
Treasury pay to the legal representative of Joshua Kennedy, deceased, Pd to the legal
out of any moneys not otherwise appropriated, the sum of six thousand of" Joshua Ken
five hundred dollars, in full compensation for the destruction of property nody.
by the Creek Indians, in the year eighteen hundred and thirteen.
APPOvWD, July 27, 1854.
VOL. x. Pray. - 100

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794 THIRTY-THIRD CONGRESS. SBss. I. Co. 125,126,127,128,129. 1854.
Juy 27, 1864. CxK. CXXV.-An Adt for doe Edilf of Im Baldwin.
Be it enacted g the ,enate and House of Representeatves of Ae United
A warrant for States of America in Congress asswmbd, That the Secretary of War
820 acres of land
to be issued to be, and he is hereby, directed to issue a land warrant, for three hundred
Ira Baldwin. and twenty acres of land, to Ira Baldwin, a Canadian volunteer, to be
located on any of the unappropriated lands of the United States which
have been offered for sale, and are subject to entry; and also'that
$180 to be paid the Secretary of the Treasury pay the said Ira Baldwin, one hundred
to said Bal=dWU. and eighty dollars, for three nlonths' extra pay, all which shall be full
compensation for the services of said Baldwin in the late war with Great
Britain.
AePOVED, July 27, 1854.

July T, 18i. CoA. CXXVL-An Ad for theR ief of Mhe Lyal Bepreatie of Me late Tom
CaUpman, formeri o//ector of the Port of Gor , Sou Carolina.
Be it enaced k the enae and House of Representatives of tAe United
States of America in Congress assembled, That there be paid to the legal
$15,457.5tobe representatives of Thomas Chapman, formerly Collector of the port of
paid to the lgal Georgetown, in the State of South Carolina, out of any money in the
repreenta~, treasury not otherwise appropriated, the sum of thirteen thousand four
man. hundred and fifty-seven dollars and fifty-five cents; being the share to
which the said Thomas Chapman was entitled as Collector, as aforesaid,
of the cargo of the Swedish ship Diana, condemned for a breach of the
Non-Intercourse Act, which was decreed to be forfeited by the said Thomas
Chapman, in consequence of his having been examined as a witness in
behalf of the claimant.
APPROVED, July 27, 1854.

July 7, 1854. CHAP. CXXVII-An Act for the AVf of W46tam Milr.
Be it enacted k te &enateand Home of Representativesof the United
William Miller Ptates of America in Congress assembkd, That the Secretary of the In-
to be placed on teror be, and he is hereby, directed to place the name of William Miller,
the penaon rel of Limington, in the County of York, and State of Maine, on the roll of
t $, 0, invalid pensioners, and pay to him a pension of ninety-six dollars per
184, for hiS life. annum, to commence on the tenth day of February, eighteen hundred
and forty-five, and co'ntinue during his natural life.
APPROVED, July 27, 1854.

July 27, 1854. C . CXXVIl.-As Act for the Reif of Sarah Chna.
Be it enacted by tA Senate and Bouwe ofR presentaties of the United
Sarah Crandall States of America in Congress assembled, That the Secretary of the In-
to be placed on terior be, and he is hereby, directed to plac the name of Sarah Crandall,
the$8pension
at roll, widow of James Coon, on the list of revolutionary pensioners, and pay
per mouth,
.0xmnnuary1 her, during her natural life, at the rate of eight dollars per month, to
1848, for her &0, commence on the first day of January, eighteen hundred and forty-eight.
APPRovED, July 27, 1854.

July 27,12854. CHA?. CXXL-AiAd for the Rdlif of Thomas Sno~ta&


Be it evacted by M~e -Senateand Hose of Representaives of the United
States of 'Ame'ica in V ss assenbed That the sum of two hundred
and thirty dolaisbe, and is hereby, appropriated out of any money in
Thom Snod- the treasury not otherwise appropriated, to reimburseto Captain Thomas
fr2.to be paid Snodgrass the expenses by him incurred for a team, and balance for

HeinOnline -- 10 Stat. 794 1849-1862


THIRTY-THIRD CONGRESS. Szss. L Cu. 180, 181, 182, 188. 1854. 795
forag and subsistence furnished to his company of volunteer-s, while em-
ployed as a guard or escort for a prt of emigrating Cherokees in
eighteen hundred and thirty-eight: Prome Nothing herein contained Provs
shall be construed to sanction any claim of the representatives of Wash-
ington Smith upon the United States for the same, or any other sum ad-
vanced said Snodgra.
AnROVED, 1uy 27, 1854.

COua. CXXX. -As Adfor the diifofMaq Can July 2Y, 185.
Be it enacted by te Senate and House of Represenives of te United
States of America in Congres asemUed, That the Secretary of the in- 3Y Carton
terior be, and he is hereby, authorized and directed to place the name of the-pao list
Mary Carlton .on the list of revolutionary pensioners, at the rate of at e
twenty-four dollars a year, to commence on the Ast day of October, A. fr o
to continue during her natural
D. eighteen hundred and thirty-eight, and
life.
APPROVED, July 27, 1854.

Ca". CNXXL - n Adfor the Belif of T a D. Tuingq& Juy 2, 186.


Be it enactedk the Smate and House of epreseneatives of the United
Sates of America in Congress assembK That Thomas D. Jennings, of Tho. D.
Florida, be, and he is hereby, authorized to enter, at the minimum price Jennings to en-
of the public lands, a quantity of land not exceeding one hundred and teacres of
sixty acres, comprising the improvement on which his late father, Law- condition.
rence D. Jennings, resided before his death, on due proof being presented
to the register of the proper land-office that he would have been entitled
to a preemption but for the removal of the family after the death of the
father.
AFP&ovED, July 27, 1854.

CmAp. CXXXIL- An Aet for the Rlief of JosepA JMihelL July W,18s4.
Be it enactedby te Senate and House of RBepresentativesof th United
Sates of America in Congress assembled, That the proper officers of the
government be, and they are hereby, authorized and directed to examine A warat for
the claim of Joseph Mitchell, of the State of Maine, a soldier in the late bounty land and
war with Great Britain, for bounty land and for arrearages of pay and .do toJoe
bounty, and that they issue to him a warrant for such land, and pay him Mitcheli.
such arrearages as would be his due if he had received an honorable dis-
charge on the expiration of his term of enlistment at the close of the war.
Arpnov., July 27, 1854.

CHAp. COXI -An Adtfor the Re/if of Charle Cooper and C mpany. July 2, 1854.
Be it enactedby the Senate and ouses of Representatives of the United
States of America in Qngress assembled, That the proper accounting
officers of the Treasury Department be, and they are hereby, authorized 800 to be
and directed to pay, out of any money in the treasury not otherwise ap- Cope nnes
propniated, to Charles Cooper and Company, of Bangor, Maine. the sum Company.
of three hundred dollars, in full, for interest due to them from the United
States on a liquidated amount of thirty thousand nine hundred and eighty-
nine dollars, payable, by contract, on the thirteenth day of August,
eighteen hundred and fifty, and then duly required, but withheld until
the twelfth of October following, for want of an appropriation therefor.
APPROVED, July, 27, 1854.

HeinOnline -- 10 Stat. 795 1849-1862


796 THIRTY-THIRD CONGRESS. Siss. I. Ca. 184,135,186,187,188. 1854.
July r",115. Cn. CXXXIV. -An Act or the Be.f ofJ a mn.
Be it enacted by h Senate and House of Aspresendatives of *Ae United
Sates of America in Congress assembled,That the proper accounting offi-
cers of the Treasury Department be, and they are hereby, authorized
James Dun- and directed to pay to James Dunning two hundred and fifty-five dollars
Mninto be Paid and ninety-eight cents, out of any money in the treasury not otherwise
.98. appropriated, in full, for interest due to him from the United States, on a
liquidated amount of thirteen thousand four hundred and seventy-two
dollars and sixty-iwo cents, payable by contract, on the eighteenth day of
June, eighteen hundred and fifty, and then duly required, but withheld
until the twelfth of October following for want of an appropriation there.
for.
.P'ovwD, July 27, 1854.

July 2, 1854. CHAP. CXXXV. -An Act jbr te ROf of R"wlaad n.


Be it enacted by the Sende and House of eprewntaive8 of the United
Ste. of America in Congress assemMed, That Richard King be, and he
is hereby, confirmed in his title to two hundred and forty arpents of land
on the eastern bank of the Ouachita River, in the parish of Cadwell,
tloisd
title ar State of Louisiana, which was conveyed by the claimant of the Maigon
to 14 Kings
pents of land Rouge Grant to Bagwell Bally, in eighteen hundred and eighteen, for
onhmned. cutting a road through said grant, and has remained in the possession of,
and in cultivation by, said Baly and his successors, to the present time,
and is now a part of the plantation of said King, on which hehas resided
Patent to is- for many years; and that a patent issue to him for it, after a legal survey
sue. is made and returned, under the direction of the Surveyor-General: Pro-
Frowso. vided That this act shall amount only to a relinquishment of title on the
part of the United States.
.rpnovzD. July 27, 1854.

July 27,184. C . CXXXVL - An Actfor tAe Reif of John Paga.


Be i enacted y the Senate and House of Repesentatdves of tMe United
States of America in Congress asembkd That the sum of four hundred
jopnp p, and forty-four dollars be paid to John Phagan, out of any money in the
to be paid $1& treasury not otherwise appropriated, in full payment for his services in
taking charge of a delegation of Seminole Indians, and removing them
from Florida to the country west of the Arkansas.
A.&aovm, July 27, 1854.

july 2, 1854. CAP. CXXXVII.-An Act fo of Psed fidHipamn George P. Welsh

Be it enacted y the Senate and House of Representatie. of the United


George ?. &ate of America in Congress assembled, That the proper accounting
Welsh$ oe paid officer of the Treasury pay to Passed Midshipman George P. Welsh
three hundred and forty-one dollars and sixty-six cents, and to Passed
arkH. Welus Midshipman Clark H. Wells three hundred and forty-two dollars and
to be p.id 9S4. ninety-three cents, out of any money in the treasury not otherwise ap-
9" propriated.
APPmoVED, July 27, 1854.

July17, 185. CA. CXXXVIIL-An Actfor thse Rief of Thma S. Russ


Be it enacted 4 th Seae and House of Representatve. of th United
Thomass.Rus- States of America in Congress asssmbl4 That the proper accounting
sols accout to officers of the Treasury audit the account of Thomas S. ]1ussell, late an
be audited and Assistant Commissary of Subsistence in Colonel Brisbane's regiment of
Feld

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THIRTY-THIRD CONGRESS. Sze. L CH. 139,140,141,142. 1854. 797
Florida Volunteers, and pay whatever amount may be found due to him,
out of any money in the treasury not otherwise appropriated, notwith-
standing the irregularity of his appointment, and although his name does
not appear upon the rolls as one of the staff of Colonel Brisbane: Pro-
vided, The amount shall not exceed the pay of an assistant commissary
of subsistence from the eighteenth of February,. eighteen hundred and
thirty-six, to the tenth of May, eighteen hundred and thirty-six.
A.PPROvBD, July 27, 1854.

Cup. CXXIX-Au A tocreate ad prwideaPenion fcr David 7ToW. July s7, 18.
Be it enacted by ta Senate andHouse of epresentative of the United
Stati of America in Congres assem*d, That David Towle, of the 0 Dayla Towle
tbeplaced on
County of Oxford and State of Maine, be, and he is hereby, placed on ension rou, at
the pension roll, at eight dollars per month from the fifth day of April, 8 per month
eighteen hundred and forty-eight. Apri b,
ArPpovzD, July 27,1854.

CK&F. oXL-An Act for do Rdelf 16-s. Sly T.B. *an., widow of th6 aJuly %T,
issL
L'taant R B. WArae,Unitd Saes Army.
Be it enacted 4 the Seate and House of 1epresentatie of the United
States of America in Congress assembed That there be paid, out of any VWidow Cook-
money in the treasury not otherwise appropriated, the sum of one hun- .to be pai&
dred and f fty dollars to Mrs. Sally T. B. Cochrane, widow of Lieutenant
R. . Cochrane, late of the United States army, the value of a bose be-
longing to said Cochrane, which was used for express riding in the public
service by order of Lieutenant Colonel Garland, United States army, at
Forth Smith, in eighteen hundred and forty-one, and died in consequence
of said service.
ApPPROvzD, July 27, 1854.

09"r. CXLI.--An Ac avtorVng Vi .orAfmu to r&n ctain Land., and to July 17, 1854.
enter th am e q.ane* er .
Be it enacted y the Senate and House of Representatie of the United
States of America in Congress assembled, That Victor Morass be, and Victor Morass
he is hereby, authorized'to enter, without payment therefor, at any United authorizedtoean-
States Land-Office in the State of Michigan, two hundred andf eighty acres land o of
of land, the same to be entered iin legal subdivisions, and on any laud sub- payment.
jecL to private entry at said offices, and not covered by any pree'mption
right: Provided, That before the said Vitor Morass shall have the Proviso.
benefit of the provisions of this act, he shall file with the Secretary of the
Interior, in such form as shall be prescribed by said secretary, good and
sufficient deed or deeds of release to the United States, executed by him- Certain release
self, and all persons having rights thereto through or under him, of all to be irst exe-
the premises mentioned and described in the Report of Commissioners cuted by him.
on Land Claims in Michigan as claim " No. 1, " in " Book 6,"
in the a American State Papers," "Public Lands," volume four, page
seven hundred and ninety-eight; which claim was confirmed to said
Morass by "an at to confirm certain claims to lands in the Tertory of
Michigan," approved April seventeen, eighteen hundred and twenty- l2S, ch. 28.
eight.
APPPnOVZD, July 27, 1854.

0R&P. CXI L-An Acfor th Beief of Reec Freeman. July 2T, 1854.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled. That the Secretary of the In-

HeinOnline -- 10 Stat. 797 1849-1862


798 THIRTY-THIRD CONGRESS. Sass. I. Ck. 148, 144, 145, 146. 1854.
Rebecca Free- teror be authorized and directed to place the nae of Rebecca Freeman
manto be placed on the list of pensioners, at the rate of eight dollars per month, during
Mgt at $ps her natural l commencing on the twenty-seventh day of January, Anno
month from
January 27t Domini, eighteen hundred and forty-seven.
1847,forherlfre. A"mROVD, July 27, 1854.

July 2r, 18" C . CXWIU-An Actfor do Be of awles Lee Jon..


e it eadedby the Senate and Houe of Beresentves of e nited
Certa clatm de of America in Congress assembled, That the Secretary of War be,
of Charles L. and he is hereby, authorized and directed to cause the claims presented
Jones to be
fled and get- to that department by Charles Lee Jones for expenses incurred and ser-
pid,
not exceeding vices rendered in raising, subsisting, and transporting three companies of
6s000. volunteers mustered and received into the service of the United States
during the war against Mexico, to be settled according to the principles
of equity and justice; the amount and interest not to exceed two thousand
Appropriation. dollars, and to be in ful for said claims; and that the same be paid out
of any money in the treasury not otherwise appropriated.,
AP1IOvxD, July 27, 1854.

July 27, 184. OAP. CXLIV. -As Act auih "r_a Patert to be iswed to Peter Poncds for cerai
Lana Otdn decral.
Be it enacted y tde Senate and House of Represeneates of the United
PetrPoncin's ,tates of America in Congress assemMed, That the entry by Peter
th of land, Poncein, of the north half of the southeast quarter, and the south half of
hic oen- the northeast quar of section thirty-six, in township number twenty-
tens~t.ds to nine, of range twenty-three, in the Stillwater Land District, Minnesota
give title to his same
5rantes,
cancelled by the allowed,
is hereby, Commissioner of the General
and reinstated as of Land-Office,
the date of be,
saidand the
entry,
so that the title to said lands may enure to the benefit of his grantees as
Proviso. r as he may have onveyed the same: Proied, That the money paid
for said lands shall not have been withdrawn, or if withdrawn, shall be
Patent to issue, again paid at said land-offices, and that thereupon a patent shall issue in
the name of said Peter Ponein for said landS.
Certain other Sc. 2. And be it furer enacted, That the Superintendent of Public
Mtadforbeuel Schools in said Territory of Minnesota be, and he is hereby, authorized
schools of hMine- to select other lands in lieu of said section thirty-six, as far as the same
sotm has been granted or sold.
ApieovrD, July 27, 1854.

July, By, I8"4 CA. CXV.-An Actf6r the Rdief of Ezra W Ia~m.
Be it enacted by th Senate and House ofRepresenttives of the United
600 to be States of America in Congress assembled, That the Secretary of the
1 Ba Treasury be, and he is hereby, authorized and directed to pay to Ezra
Williams, out of any money in the Treasury not otherwise appropriated,
the sum of five hundred dollars, in full for his services in preparing an
Alphabetical Index to the Numerical Register of Warrants in the Land
Bounty Division of the General Land-Office, under the direction of the
late Commissioner Richard X. Young.
.AP ROVZD, July 27, 1864.

July 2T, A84. for


Ca". CXLVL.-An A dt Relief f Cmud Wkat, .1r., or Us Lega BReV.

Conrad wheat, Be it enacted by the Senate and House of Representatives of the United
rso0nOfl aSa
acresof
of America
land in Congress assembledisThat the location of six
as survey hun-
number'
cre
counfired. dred and forty aewes of land, and which described

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THIRTY-THIRD CONGRESS. SNssi L L'.147, 148,149, 150. 1854. 799
two thousand four hundred and fifty-three in township forty-four north,
of ranges five and six east, of the principal meridian, in the State of Mis-
souri, made by Conrad Wheat, Jr., on the twenty-second day of October,
eighteen hundred and sixteen, under a certificate of location numbered
one hundred and thirteen, issued on the twelfth day of August, eighteen
hundred and sixteen, by the recorder of land titles, to the said Wheat, is
hereby confirmed.
Sic. 2. And be it frther enaced, That the Commissioner of the Patent to Is e
General Land-Office is hereby authorized to issue a patent to the said t'a .°r
Conrad Wheat, Jr., or his legal representatives, for the said lands. tives
AIPRoYzD, July 27, 1854.

MAP. CZLVI-An Adtfor tMe jl of Ricd AB uen,GergWrigh and July 2111854.


ase Widow of ru W. .ZuIser.
Be it enacted by tMe Senate and House of Representatives of the United
States of America in Congress assembled, That the Secretary of the 65,000 to be
Treasury be, and he hereby is authorized and directed to pay to Richard Cto rM
M. Bouton, George Wright, and to Harriet F. Fisher, the widow and Wrigt, and
executrix of Marvin W. Fisher, out of any money in the treasury not F. Fisher, widow
otherwise appropriated, the sum of five thousand dollars each, as a full W.Fisher,ea.
compensation for the past use of their machines for making and charging
percussion caps, in the Arsenals of the United States, and also for the
future free and undisturbed use by the Government of the said machines,
together with the patent-right or rights to the said machines, with their
improvements.
ArPPovED, July 27, 1854.
Cu". CXLVtIL-An Adfor the Relief of Andrew .T.D&icof.oj July 27,1854.
Be it enactedby the Senate and House of Representativeg of tte United
States of America in C ngress assembled, That the Secretary of the In- Andrew J.
terior be, and he is hereby, directed to place the name of Andrew J. DIkerhoff to be
Dickerhoff on the roll of invalid pensioners, and pay to him annually a pensonof roat
pension of ninety-six
• dollars, to commence
• on
• the• first day of January, 9omper year, I,
Jnaium
eighteen hundred and fifty, and continue during his life. fro. JfIor .
ArpPOVED, July 27, 1854.

Our. CXLIX.- An Act for the Relief of the Widows and Oaphans of th O. cera July 22' 184.
and Semnen of the Unite States Schoner Grainpus, who were los in that vessel in
March, eighteen hundred andfrhree,near the coast of the United States.
Be it enacted bj the &nate and House of Representatives of tl United
States of America in Congress assembled, That the same provision as is Provisions Of
made by the act entitled, "An act for the relief of the widows and or- ohe at4 and
phans of the officers, seamen, and marines, of the brig Somers," -egt approved 's8, oh.to48theex-
an an teded
---
the fourteenth day of August, eighteen hundred and forty-eight, and an o ordd
act for the relief of the widows and relatives of certain officers and piesof the of-
seamen of the United States brig Washington, who were lost overboard =erand sea-
in a hurricane, approved February the third, eighteen hundred and fifty- United States
three, be also extended to the widows and orphans of the officers and schooner Gram-
seamen who were lost in the United States schooner Grampus in the gale PL
of Murch, eighteen hundred and forty-three, near the coast of the United
States.
APPROvzD, July 27, 1854.

Cu.. CL. - An Act for te Rdelief of CbpQTai George Simptn, of Galveston, July 27,1854.
Be it enacted by the Senate and House of Representatives of the United
Sates of America in Congress assembled, That the Secretary of the Capt. Simpton
Treasury be,and he is hereby, directed to pay, out of any money in the to be paid $1,000.

HeinOnline -- 10 Stat. 799 1849-1862


800 THIRTY-THIRD CONGRESS, Sum. I. Ca. 151,152,158,154. 1854.
treasury not otherwise appropriated, to Captain George Simpton, of
Galveston, the sum of sixteen hundred dollars in full payment of his
claim for indemnification for loss of schooner Alert, whilst in the public
service during the war with Mexico.
ArPRovzn, July 27, 1854.

July 2T, 18. Ca". CI. -An Act r to Relief of Pamela Brown, the widow of .Major-General
Jacob Arown, late of tMs UnitedStates Army, decmas d.
.Be it enacted k tMe Senate and Bomau of Bepresentatives of the United
Widow Brown States of America in Oongress assembled, That the Secretary of the In-
to be placed on ternor be directed to place the name of Pamela Brown, widow of the late
the ension lHst
ao pern Major-General Jacob Brown, upon the list of pensioners, and to pay her
month, f a pension at the rate of fifty dollars per month; said pension to om-
durin t , mence on the first day of January, eighteen hundred and thirty-eight, and
continue during her natural life.
.APPROViD, July 27, 1854.

July 27, 18M. O-'u. CLU.-An Act for t Relief of Wilam Haris, of Goeorgia.
Be it enacted by te Senate and House of Representative of the United
&ates of America in Congress assembkd That the proper accounting
wiiam Har- officers of the Treasury be, and they are hereby, authorized and directed
rs' claim t b' to settle the claim of William Harris, of Georgia, and pay him for his
settled and patd. services in the United States army: vrovidec, The same shall not
Proviso. exceed the pay and emoluments of a sergeant of infantry from the
eighteenth of April, eighteen hundred and fourteen, to the twenty-fifth
of November, eighteen hundred and sixteen.
ArpomD, July 27, 1854.

July 27,1854. Cu. CLL-AndAct for the Rlief of JaewM. G gin.


Be it enacted by the Senat and House of Bepresentativesof the United
States of America in Congress assembled, That the Postmaster-General
JamesM.KGog- be, and he is hereby, authorized and required to settle and adjust the
gin's claim as claims of James M. Goggin, and that in such settlement he be allowed a
speioal mail fair and reasonable salary as Special Mail Agent for the State of Califor-
a 0be st
age-td pi nia from the first day of December eighteen hundred and fifty, until the
sixth of April eighteen hundred and fifty-three, with reasonable allow-
ance for office rent and per diem and the hire of a clerk, and that such
sum as may be allowed by the Postmaster-General, be paid to said Gog-
gin out of any moneys in the treasury not otherwise appropriated.
Apaovun, July27, 1854.

July 27,185 . CHAP. CLrV.-An At covtfirain a cartin Land OWn in Louiekn known as the
__ _Meau Claim.

Be it enacted k the Smnae and Hose of Rrentatives of te United


&ates of America in Congress assembed That the heirs, assigns and
T . of legal representatives of Charles J. B. Fleurian, or Florian, be, and they
the es&c.,f are hereby, confirmed in their claim to a tract of land described in a-pe-
Charles . B. tition or request addressed by Joseph Viflars Dubrenil to the Governor
Flea.au to and Commissary of Marine of the Province of Louisiana, on the first day
certain tract oftre
ldd of June, seventeen hundred and sixty-three, asstesaewssree
the same was surveyed
by A. F. Righter, a deputy-surveyor, in the year eighteen hundred and
thirty-nine, and certified by H. T. Williams, Surveyor-General of the
State of Louisiana, on the fourteenth of December, eighteen hundred
and thirty-nine, ald for the full extent of the land embraced in said sur-

HeinOnline -- 10 Stat. 800 1849-1862


THIRTY-THIRD CONGRESS. .Sass.I. Cu. 155,156,157, 158., 1854. 801
veys; and that a patent shall issue therefor: Provided,That this act shall be Patent to issue
held and taken only as a relinquishment on the part of tha United States. Provo.
APPROV3D, July 27, 1854.

Cmas. CLV.-An Act for the Rdief of Jaes Ewards and oth July 2T, I"5.
Be it enacted y the Senate and Homge of Representatives of the United
States of America in Congress assembled, That the Secretary of War be, The value of
and he is hereby, directed to ascertain, by the best evidence which the theepr°p_ y of
nature of the case will admit of, the value of the houses and other pro- Edward X.
perty of James Edwards, of the late Edward X. Wanton, and of the late Wanton and He-
Nehemiah Brush, destroyed at Micanopy, Florida, in the year eighteen destroyed ihemah
Brush,
in
hundred and thirty-six, by order of Lieutenant-Colonel B. K. Pierce, 1886, to be prov-
the commanding officer of that post, to prevent them from falling into the ed and paid.
hands of the enemy, and that the amount so ascertained be paid out of
any money in the treasury not otherwise appropriated: Provided, The Proviso.
amounts so to be paid shall ndt exceed two thousand four hundred and
eighty-two dollars and thirty-two cents, in the case of James Edwards;
one thousand eight hundred and twelve dollars and fifty cents in the case
of the late Edward I. Wanton, or eight hundred dollars in the case of
the late Nehemiah Brush.
APPROVED, July 27, 1854.

Ca"p. CLVL-An Ad for the Rae oef 8, e~raudvw


Assignee of tde iterest July IT', 1854.

Be it enacted by the Senate and House of Rejpresentatives of the United


States of America in Congress assembled, That the lo atilon numbered Th location
one hundred and eighteen, containing four hundred acres, in township of certain lands
one south, of range ten west of the second meridian, Indiana, which has in Indiana con-
been made in favorfoutee
of Nathaniel
an Ewing as assignee of the claim number firmedto
nietter hudre Sylves-
T. Jemaild,
hundred and ninety-nine, entered in favor of the heirs of H. JOf i
Richard in the report dated thirty-first December, eighteen hundred and Ri
nine, of the commissioners at Kaskaskia, Illinois, be, and the same is
hereby, confirmed, and the President of the United States is hereby au-
thorized, upon the production to the General Land-Office of a patent
certificate from the register at Vincennes, Indiana, for said claim, to
cause a .patent to be issued therefor to the said Sylvester T. Jerauld as When patent
assignee of the interest of the original claimant: Provided,That this act, i
and the patent which may be granted in pursuance of the same, shall Proviso.
only operate as a relinquishment on the part of the United States and
shall in no way prejudice any valid adverse right if such exist, to the
said land.
ArPlRovzm, July 27, 1854.

Cx. CLVII. -An Act for te Relief of ames Wormsle. July 27,1854.
Be it enacted by the Senate and House of Representatives of the United JmsWrs
States of America in Congress assembied, That the Secretary of the In -lyJ-ames
to eWo plced
a
terior be, and he is hereby, authorized and directed to place the name of on pension roll
James Wormsley on the roll of revolutionary pensioners, and pay him at 606 yearly,
the sum of ninety-six dollars per annum from the four&t of July, one ,1848'J'Urh
life.
thousand eight hundred and forty-eight, and during his natural life.
APPovl&D, July 27, 1854.

CEar. CLVIIM -An Adt for On Rsi of Sa=4 H. Hemptead. July Or, 18.
Be it enacted b the Snafe and House of Representaiges of te United
St of Ameriea in Congress asseomed, That the sum of eighteen bun-
VOL. X. PmV. - 101

HeinOnline -- 10 Stat. 801 1849-1862


802 THIRTY-THIRD CONGRESS. Ss. L Cm 160, 161. - 1854.
samuel H. dred dollars be, and the same is hereby, appropriated out of any money
#1,800 tobO
emtead
paid for in the treasury not otherwise appropriated, to pay Samuel H. Hemp-
etaserviceso stead, for extra services rendered by him in defending the title of the
United States to certain lands situated in the State of Arkansas.
APPROVED, July 27, 1854.

July 29, 154. Ca". CLX.-An Act for te Rdif of lob S. Jones and W'liam
fl . RuVel PA
vivig partne of th fna of Brown, Russell, and Company.
Be it enacted l4y the &nate and House of 1eresentativesof tM United
The clahms ofStates of America in Congress assembed, That the Secretary of War
18-Jones and cause to be settled and adjusted the claims for losses of oxen and wagons
W. IL RuseUa
for transports- sustained by the above-named John S. Jones and William H. Russell,
tion of militarysurviving partners of Brown, Russell, and Company, in the transporta-
sdmtobeset-:d tion of military stores from Fort Leavenworth to Santa Fe, subsequent
to the arrival of the trains containing said stores at the place caled San
Jose or Big Canon; and also the amounts paid by, or on account of, said
persons for forage for the cattle used in said transportation, and for the
hire of extra men and teams for the purpose of said transportation, sub-
sequent to the time aforesaid; and that he allow so much of the same as
Provso may be satisfactorily proven: Provided, the whole amount allowed do
not exceed thirty-eight thousand eight hundred dollars. And provid
Further pro- further, That, in making the proof of the amount paid out by them, or
Tim on their account, for forage for the cattle and for extra men and teams
used in the transportation aforesaid, it shall be sufficient fof the parties
aforesaid to make satisfactory proof of the aggregate amount so paid
and expended. And that the said Secretary be authorized to examine
the claims of said persons for services rendered in said transportation,
and to allow such sum, not exceeding the pay and emoluments of assist-
ant quartermasters, for the time necessarily employed in said business, not
exceeding six months; and that the account so allowed be paid to said
persons, or their legal representatives, out of any money in the treasury
not otherwise appropriated.
APPROVED, July 29, 1854.

J'uly 39, 1884 COn. CLXL-An Adt for 04e Relifofthe Pne Growe AcadenW, in.Louisina.
Be it enacted y the Senaie and Homse of Bepresentulives of the Untited
States of America in ongress assemed, That the president, directors,
and trustees, of the Pine Grove Academy, in the Parish of Caldwell,
said ads- Louisiana, be, and they are hereby, confirmed in their title to the lot of
titleto cer- forty acres of land on which said academy is situated, near Columbia,
Wandain
oana cou donated to them by Hyams, Chew, and McCoy, claiming under the Maison
firmed. Rouge Grant, in eighteen hundred and thirty-nine, as more particularly
described in the act of donation; and that the said president, directors,
and trustees, be also, and they are hereby, confirmed in their title to a cer-
tain tract or parcel of land, situated in said Parish of Caldwell, with about
one mile front on the west bank of the Ouachita River, and running west
between five and six miles, and known as lot number twenty-three, in the
plat number one, of the Maison Rouge Grant, surveyed by John Dins-
more, a deputy-surveyor of the United States, containing about four
thousand acres, donated to them by Daniel W. Coxe, one of the claim-
ants of said grant, in eighteen hundred and thirty-nine, and that patents
Whtn patent be issued to them for said lands, after a legal survey, under the in-
tabe i ptructions of the Surveyor-General of Louisiana: Provided,That this act
shall amount only to a relinquishment of title on the part of the United
States, and that it shall not be construed to interfere in any manner with
the rights of settlers on said lands at the date of this act.
APPROVED, July 29, 1854.

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THIRTY-THIRD CONGRESS. Snss. L C. 162, 168, 164. 1854. 808
Cxae. CLXIL-A At for e in me W. Low, and others, for Me July 29, 18K
catueof the Britiek private amed Sooer Ann, during the late War with Great

Be it enacted by the Senate and House of Representatives of the United


States of America in Congress assembld That the Secretary of the Trea-
sury be, and is hereby, authorized and directed to pay to James W.
Low, William Driskill, Southerland, and Stenchen, or to such
persons as may be legally authorized to receive the same, as heirs or legal Ow e
representatives, the sum of two thousand five hundred and seventy dol- Mow, Wm,.Dris-
lars and thirty cents, that being the amount paid into the treasury of kil. Southerland
the United States and placed to the account of fines, penalties, and forfeit- to anlStenmheu,
their heirs or
or
ures, in consequence of a suit, entitled the United States vs. the schoo- representedvs.
ner Ann and cargo, in the District Court of Maine, December, eighteen
hundred and fourteen, the said schooner having been risen upon and cap-
tured, by the aforesaid named persons, from the British, and delivered to
the proper authorities of the United States, in the State of Maine, to be
paid to the said James W. Low and his associates aforesaid, their heirs pr
assign; in the following proportions, to wit: to the said James W. Each one's
Low, for having planned the enterprize and directed the capture of the proportion.
vessel, as first officer of the prize, eight parts; to William Drisiill,
as second or assistant officer, four parts; and to Southerland and
Stenchen, as seamen or sailors, two parts each.
SEC. 2. And be it further enacted, That it shall be the duty of the Public notice
Secretary of the Treasury, immediately after the passage of this act, to of this act to be
give public notice thereofws. by
h advertisement
.. h for three
.. months, in such givenes In thefmor
newspapers as he shall think will be most likely to give proper informa- ti:P0 moths
tion to the persons so entitled, to apply for their respective shares; and Time within
if, after the expiration of six months from the passage of this act, any which claims
of the said claimants, or their heirs, or legal representatives, shall not must be present-
have applied for their respective proportions of the sum hereby ap-
propriated, the same shall be paid to such as shall have applied within
that period, pro rata,according to their relative proportions as aforesaid,
or to their heirs or assigns respectively: Provided, That any one or proviso,
more of said claimants may apply for their own proportions in the first
instance, at any time after the passage of this act.
APPROVED, July 29, 1854.

CK". CLXJI.- An Act for te Relief of Purser P. MBkar. July 29, 1is
Be it enacted& te &nenate and House of Bepresentatives of the United
States of America in Congress assembled, That the arcounlin, ficerrs of
the treasury be, and they are hereby, authorized and directod. in adjust- McBiair to be
ing the accounts of Purser T. P. McBlair, to allow him the se.-eral smms allowed certain
paid by him as pirer of the United States steaner Prineton, to Wil- ams paid by
liam Taylor, acting boatswain, to John Coale, acting rpn, t to th U ea
Armstrong Flomerfelt, acting sailmaker, who were emplo)' etIob -aid er Princeton.
steamer by the commanding officer thereof by authority fron. the ,. rt
tary of the Navy, and which said sums were disallowed by the at 'nt
ing officers of the treasury, for the reason that the said persons to whom
the payments were made were not included in the number permited by
law, of officers of the grades to which they were respectively appointed.
APPrjovED, July 29, 1854.

Cnu". CL IV.-An Act fo Mo Rel'f of John llaxer and te Adminsratorof the July 29, 154.
REtat of ohn G. Clendein, deceasd.
8e it enacted k the Senate and House of Representatives &f the Uited
States of America in Congress assembled, Ihat the proper accounting The amount
officer of the treasury pay to John Frazer and the administrator of heInterestex-

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804 THIRTY-THIRD CONGRESS. Ss. L Co. 165, 166, 168. 1854.
rdod by aid of the estate of John G. Clendenin the amount expended by said
randCle
deuln In pur- Frazer and Clendenin, or either of them, in the purchase of the
chasng and de- west half of the north-west quarter of section thirteen, township two
feuding the title north, of range three west, in the State of Indiana, iogether with in-
to certain
in to be torest thereon; and also the amount paid by said Frazer and Clen-
Indianalands
allowed. denin, or either of them, in defending their title to said land, with
Provi o interest thereon: .Provided,however, That before payment be made
under the provisions of this act, skid accounting officer of the treasury
shall be satisfied by proof as to the amount expended by said Frazer and
Clendenin in purchasing said tract of land and prosecuting their title
Further pro- thereto: And.yrovided further, That, in estimating the amount paid
rco.
'The sum al- by said parties for the purchase of said land, no more shall be allowed
lowed, than the United States received therefor, with interest thereon; and,
in estimating the amount expended by them in defending their title to
the land, the sum allowed shall not exceed seventy-five dollars.
APPROVED, July 29, 1854.

July 29,1854. CKx. CLXV.-An Act acthoriang the &crtcy of the Treamy to peg Jodm
am-in Thmotifor befawnished the Waiformia Indce.
Be it enacted by the &enate and Home of Representatives of the United
&ates of America in Congress assembld, That the Secretary of the
John C. Fre- Treasury shall pay, out of any money in the treasury not otherwise ap-
mont to bepaid propriated, the sum of one hundred and eighty-three thousand eight
$188,825 with hundred and twenty-five dollars, with interest thereon from the first
Interest at 10pcr
rent, from June day of June, eighteen hundred and fifty-one, at the rate of tea per
1,1861. centum per annum, to John Charles Fremont, in full of his account
for beef delivered to Commissioner Barbour for the use of the Indians
in California in eighteen hundred and fifty one and eighteen hundred and
fifty-two.
APPROVED, July 29, 1854.

July 29,1854. CRAP. CLXVI.-An Actor the Re/ief of CaptainLewis E. &monds.


Be it enacted by the Senate and House of Representatiesof the United
States of America in Congress assemMed, That the Secretary of the
Treagury be, and is hereby, authorized and required to pay (to] Cap-
Lewis E. S- tain Lewis B. Simonds, of the United States Navy, out of any money in
monds to be paid the treasury not otherwise appropriated, the sum of eight hundred dol-
$800. lars, it being for his expenses indurred in defending himself against two
suits brought againstohim for arresting and detaining the brig Casket, on
the coast bf Africa, on charge of being engaged in the slave trade, in
eighteen hundred and forty-six, the said Simonds being then in command
of the United States armed vessel called the Marion, and acting in the
line of his duty.
AppROVED, July 29, 1854.
Aug. 1,1854. CRz. CL.VIIL -An Act for the Reief of Asa Andres.
Be it enacted by the Senate and Housme of R presentatives of the United
Stats of America in Congress assembled, That the proper accounting
of The
Asa accounts
Andrews officers of the treasury be, and they are hereby, authorized and required
to be sottled and to settle and adjust the accounts of Asa Andrews, late Collector of Cus-
paid. toms for the District of Ipswich, in the State of Massachusetts, for office
rent and expenses, including clerk hire, and for the services of a deputy,
during the time he performed the duties of said office, and that the
Amount to be amount found due, not exceeding the sum of one thousand nine hundred
paid. and eighty-three dollars and eighty cents, be paid to said Asa Andrews,
or his.legal representatives, out of any money in the treasury not other-
wise appropriated.
APPROVED, August 1. 1854.

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TITY-THIRD CONGRESS. SBss. I. Cm. 169, 170, 171, 172. 1854. 805
o . CLXIX. -An Ad for e Belef of Dr. S. R Adison, passed Assida Sur- Aug. 1, 184.
9m in the 066d &des Nay.
Be it enacted k the Senate and House of Representativesof the United
States of America in Congress assembled, That the accounting officers of Dr. Addisonto
the treasury be, and are hereby, required to allow and pay to Doctor S. be paid the dif-
. Addison, passed Assistant Surgeon in the Navy of the United -States, beteen ofay
the difference of pay between that of his grade and a surgeon, from the his grade and a
fourth of April, eighteen hundred and forty-eight, until the twenty-first a ,from
of June, eighteen hundred and fifty, being the period during which he tifne 21,l5o.
served as surgeon on board the United States sloop-of-war Saint Mary's,
and that the same be paid out of any money in the treasury not other-
wise appropriated.
APPROVED, August 1, 1854.
Aug. 1, 1854.
Ca. CLXX. - n Adfor the Reef of WIim Darby.
Be it enacted k the Senate.and Home of Repreentaives of the United William Darby
Staes of America in ongress assemnbld, That there he paid to Williain to be paid $1,W0
fosr,"
Darby, out of any money in the treasury not otherwise appropriated, the nd mingmap
sum of fifteen hundred dollars, in full compensation for his labor and of Loukiar.
materials furnished in surveying and making a Map of the Territory of
Louisiana, in the years eighteen hundred and twelve and eighteen hun-
dred and thirteen.
APPROVED, August 1, 1854.

Cw". CLXXI.-An Act for as BdiWf of Lai Pirpe'andAndrew Hodge, Junior. Aug. 1,1804.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That the Postmaster-Gene- LeviPierceand
ral be, and he is hereby, authorized to settle with and discharge Levi Andrew Hodge,
Jr. sureties on
Pierce and Andrew Hdge, jr sureties on the officialthe bond of Win.
liam H. Ker, formerly Postmaster at New Orleans, on their paying or H. Ker, to be
securing to pay, to the satisfaction of the Postmaster-General, within one hreb
year, the sum of twelve thousand five hundred dollars; and either of paying $12,500
said sureties may thus be discharged on. his paying, or securing to pay, In one year.
a Either may
as aforesaid, one-half of the above sum: Provided, The Postmaster- bethusdischarr
General, and the United States District Attorney for the Eastern District ad.
of Louisiana, shall be satisfied that it is for the interest of the United Pirnov.
States, that such settlement should be made: And providedfurther, That Proviso,
such settlement with and discharge of one surety shall not be construed
to discharge the other.
APPRovED, August 1, 1854.

Ca.p. CLXXII-An Actfor the Bdief of JAm Baptiae Bubien. Aug. 1,1854. -
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress asembed, That the Commissioner of Commissioner
the General Land-Office be, and he is hereby, authorized to issue a ofGenerlund-
patent or patents to Jean Baptiste Beaubien, for the following lots as patene toptents
described and numbered on the survey and plat rf the Fort Dearborn to said Beaublen
addition to Chicago, in the State of Illinoik, made under the order of fordertn lotsof
land in Illinois.
the Secretary of 'War, and now on file in the War-Oflice, to wit: lots Lots.
number one, two, three, four, fire, and six, of' bioc k umhe. four; all
that part of lots numbered eight and nine, blocL n,,iber t-ro, which lies
south of the line of excavation, authorized by thc a,-t of COugrews, ap-
proved twenty-first July, eighteen hundred and fity-two, and al that 1552, ch. 67.
part of lot number one, block number five, that lies within the following
boundaries, to wit: commencing on the western line of said lot number
one, block five, at a point ten feet north of the southern line thereof:

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806 THIRTT-THIRD CONGRESS. Szss. I. C. 178, 174 175, 176. 1854.
thence east, parallel with said southern line two hundred and fifty feet to
the western boundary of the lands granted by the United States to the
Illinois Central Railroad Company; thence north, along said western
boundary thirty-four feet to the northern line of said lot number one,
block five, thence west along said northern line two hundred and fifty
feet to the northwest corner thereof; thence south along the western line
thereof thirty-four feet to the place of beginning.
AppRovzD, August 1, 1854.

Aug. 1,1"4. Cep. CL33M -An Ad for the Blefof Urhw Sto
Be it enacted 4 the Senate and House of 14resentativesof the United
Urban Stoll, aes of America in Congress assemled, That the Secretary of the In-
aU.
to beS.Vpensioer, terior be, and he is hereby, directed to pay to Urban Stoll, now a pen-
equal tod$ns per
ulnsigner of the United States, a sum equal to seventy-two dollars per
annum, fom annum, from the fourth day of July, eighteen hundred and forty-five, to
July 4, 18. the time when his present pension was allowed.
Awriovxn, August 1, 1854.

Aug. 1,1864. CuAP. jLXXIV. -An Act for tMe Reief of Gaston T. Rao4
.Beit enacted by the Smate and House of .epresentatives of the United
Gaston T. &ae of America in Uongress assembled, That Gaston T. Raoul be,
3taoR n and he is hereby, authorized to enter, free of cost, six hundred and forty
subdivisions, on any of the public lands of
ot0
oft lan o.thece acres
cot14 of land,
the United States, subjecttotolegal
accoring entry at private sale; which said six hundred
bjet -and forty acres of land, when so entered, shall be in full compensation
vatr We, for claim number four hundred and fifty-six of the report of James
To beIn fil 0. Cosby, dated June seven, eighteen hundred and thirteen, and for
for rtin other which a certificate of confirmation, number one hundred and sixty-
land claim. eihqt, was issued on the twenty-fourth of January, eighteen hundred and
thirty-eight, by the Register and Receiver of the Land-Office, for the
John Core claim, for his son, a minor, in the parish of Livingston, State
of Louisiana.
When patent Snc. 2. And be it further enacted, That, upon the receipt of the cer-
to be tsued. tificates of entry from the proper land-office, the Commissioner of the
General Land-Office shall cause a patent to be issued therefor to the said
Gaston T. Raoul.
APPRovw, August 1, 1854.

Aug. 1,186. CHAP. CLXXV. - An Actfor te Bdif of A. G.P.


.Beit enacted b tbyes&nate and House of Representatives of the United
A.G.Penn au- &ates of America in Uongres. assembled, That A. G. Penn, of the
thorized to enter, parish of St. Tamany, Louisiana, be, and he is hereby, authorized to
by way of pre-
empt n oer enter,by way of preemption, the southwest quarter o section twenty-
tain q of three, township six south, of range ten east, in the Greensburg Land
land uPn PAY- District, State of Louisiana, upon his paying therefor, to the proper ofl-
acre. p er of the land-office, the sum of one dollar' and twenty-five cents per
Proi's. acre: rovided, however, That this act shall not be so construed as to
interfere with any adverse claim to the land hereby authorized to be
purchased, if any such there be.
APPROvED, August 1, 1854.

Avg. 1,18ML Cir". CLXXVL of de Cahae of W.P.


- An Act fo aie &demnen Buclne and
Piece OCeby, Paed Midhipae/ twe United States Nav.
W. P. Buck- Be it enacted by the Senate and House of Representatives of the United
nerandP- Oce States of America in Congress asse ed, That the Secretary of the

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THIRTY-THIRD CONGRESS. Sxss. L CHr. 177, 178, 179,180. 1854. 807
Treasury be, and he is hereby, authorized and directed to adjust and by's claim to a
settle the claims of W. P. Buckner, passed midshipman, and Pierce P1of proce2s
Crosby, passed midshipman and acting master in the United States Navy, or Oregon and
for a share of the proceeds of the sale of the schooner Oregon and ear- t..be set-
go, seized and confiscated in the month of April, eighteen hundred and = aid-
forty-eight, under the President's regulations of the first of March, eigh-
teen hundred and forty-seven, at the port of Tampico, during the war
with Mexico, and to pay the said claims, out of any moneys in the trea- What fund to
sury arising from military contributions collected in Mexico in pursuance be paid from.
of the regulations of the President before referred to: Povided, That Proviso.
before any money is paid in these cases, any claim submitted by the
owners of the vessels beforementioned, for the remission of the penalty
and the payment of the proceeds under the confiscation, shall first be duly
examined and decided by- the Secretary of the Treasury, under the
direction of the President of the United States.
APPRovED, August 1, 1854.

CErP. CLXXVII.- An Adfor the Relief of William G. Smith. Aug. 1,1854.


.Be it enacted by the Senate and House of Bepresentatives of the United
States of America in Congress assembled, That the Secretary of the .0to aid
Treasury be, and he is hereby, authorized and required to pay, out of Smith for rmp-
any money in the treasury not otherwise appropriated, the sum of five tuwrngs warves-
hundred dollars to William G. Smith, for recapturing a vessel in the war set, ", In 1812.
of eighteen hundred and twelve, together with a midshipman and four
seamen of the British Navy; which prisoners were delivered to Com-
modore Perry, at Newport, Rhode Island.
APPROVED, August 1, 1864.

COAp. CLXXV.-An Act for the Bdiefof the Legal eprtiwves ofMajor Cal Aug. 2,1854
Swan, deceased.
Be it enacted by tAe &nate and House of Representatives of the United Represents-
&aters of America in Congress assembkA That the Secreta7 of the tives of Mqjor
Treasury be directed to pay to the legal representatives of Major Caleb 0. Swan to be
paid Certain
Swan, deceased, out of any money in the treasury not otherwise appro- sums of money.
priated, the amount of his compensation as paymaster of the army, from
the first day of July to the thirty-first day of December, (inclusive,)
eighteen hundred and eight, and a commission of one per centum on the
amount of bills of exchange negotiated by him under directions of the
War Department, for the purpose of raising money for the use of the
army.
APPROViD, August 1, 1854.

CQ&r. CXXIX.-An Act for the Relief of Henry La Rdrie. Aug. 1, 185L
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That the Secretary of the P98 to bepaid
Treasury be and he is hereby authorized and directed to pay to Henry to.Henry La e.
intrie, for certain
La Reintrie, out of any money in the treasury not otherwise appropriated, services.
the sum of five hundred and ninety-three dollars, which shall be in full
satisfaction and discharge of said La Reintrie's claim for services rendered
to the United States Legation near the Government of Chili, and as bearer
of despatches from that legation to Washington.
APPROVED, August 1, 1854.

Cn". CLXX. -An Ad to pmvid C m tko for the &riesof G Moel,4 Aug. 1,1854
in adjusting 7,tes to Land i Michigan. Pt, p. 869.
Be it enacted by the Senate and House of Representaivesof the United Widow . No-
Sate of America in Congress assembled, That the Secretary of the re, win. wood-

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808 THIRTY-THIRD CONGRESS. Szss. L Ci. 181, 182, 188, 1854&
bridge, andtoIL
Chpan, be Treasury be and he is hercby authorized and directed to pay to Maria
pad forservices Morell, widow of George Morell, and to William Woodbridge and Henry
in settlng er- Chipman, late judges of the United States for the Territory of Michigan,
ta land 0lms,
whilessid G. for the services of the said judges in ascertaining, adjusting, and settling
More.l " were claims to land, and performing other duties in conformity with the act
judges, entitled "An act to provide for the adjustment of titles of land in the
town of Detroit and Territory of Michigan, and for other purposes,"
1800, h. As. approved the twenty-first of April, eighteen hundred and six, and with
"An act relative to the plan of Detroit, in Michigan Territory," approved
1880, ch. 11. the twenty-eighth of May, eighteen hundred and thirty, at the rate of five
Amountof hundred dollars per annum, from the time of their several appointments
sand =me as judges of the United States for said Territory, to the twenty-fourth day
thereof of September, eighteen hundred and thirty-six, to be paid out of any
money in the treasury not otherwise appropriated.
APePROSvD, August 1, 1854.

Aug. ; 1 C p.CLXXXI. -An Actfor the leof Captain Charles G.3mant.


Be it enacted by the Senate and House of Representatives of the United
The account States of America in Congress assembled, That the proper accounting
of C.G. Met- officers of the Government be, and are hereby, directed to settle the ac-
chant to be set-
tled so as to re- counts of Charles G. Merchant, Brevet Captain of the United States Army,
lieve him of the for the. second quarter of eighteen hundred and forty-nine, on just and
effect Of' the ices
of his return for equitable principles, without reference to the usual forms, so as to relieve
the second quar- the said Charles G. Merchant of the effect of the loss of his quarterly
ter of 1940. returns for said quarter : Provided,That the amount to be allowed to the
Proviso. said Charles G. Merchant, in such settlement, shall not exceed the sum of
two hundred and fifteen dollars and sixty-nine cents.
APPROVED, August 1, 1854.

Aug. 1, 18. Cx". CLXXXIL .-An Act for s Reliefof Sylvter Paibone
Be it enacted by the Senate and House of Representives of the United
ofThe p es of America in Congress aesembled, That Sylvester Pettibone, of
S. Pe no Wisconsin, and his real and personal property, be mud they are hereby
released from
two jdgoments released and relieved from two judgments in favor of the United States,
obtained by the obtained against him, the said Pettibone, in the District Court of the United
U. agail
S. States, for the District of Wisconsin, and from all liens and incumbrances
Proviso. created by said judgment: ProvidedThat the costs of the suit in which
said judgment was rendered shall first be paid by said Pettibone.
APPRovzD, August 1, 1854.

Aug. 1, 184. CO&. CLXXXIL -An Act for the Rdief of Phineas .AtWghale Administrator
of the Este of GeneralSadan Greene, deceased.
Be it enacted by the Senate and House of Representatives of the United
P. A.
gale, Nightln-
ad'r, to be States of America in Congress assembled, That the Secretary of the
rauypytPhns
gal d r Xb. Treasury pay to Ph.neas X Nightingale, administrator of the estate of
with intere ton General Nathaniel Greene, deceased, eight thousand and five dollars and
same from July fifty-three cents, with interest at the rate of six per centum per annum
6,1794, til paid. from the sixth day of July, one thousand seven hundred and ninety-four,
until paid; the same being in liquidation of a balance due to the estate of
said Nathaniel Greene for becoming security for Banks & Co., army con-
tractors in the Revolution. The said sum to be paid out of any money
in the treasury of the United States not otherwise appropriated.
APPROVED, August 1, 1854,

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THIRTY-THIRD CONGRESS. Szss. L C&L 184, 185, 186. 185& 809
CmmP CLXXXIV. -4 A t~ R=e~IWfoae Hei and Repum~atve of CW~d Aug. 1, 185&.
0-
e it eadcted y de Senate and iouse of lepresentatives of as Usite&
&ate ofmerican tgoo s aesembed That the aounting officers of certaincisims
the tieasury be, and they are hereby, authorized and directed to settle the of A- . ogan.
claims of Alexander G. Morgan, of Missouri, for services in raising troops
of Mlssomrl to be
sad pwd
for the Florida service, in the year eighteen hundred and thirty-seven,
and also for military services in Florida: ProTvded That the pay and Proviso.
allowances to him shall not exceed the compensation of a captain of
cavalry, from the eleventh of September, eighteen hundrpd and thirty.
seven, to the eighteenth of March, eighteen hundred and thirty-eight, and
that so much as shall be found due to him, as if regularly commissioned
in that grade, shall be, and the same is hereby directed to be paid to him Amount to be
out of any moneys in the treasury not otherwise appropriated. P"
APROVnD, August 1, 1854.

Cu". CLXXX.-a Acdfor ts Redifof Wdli Bram Aag. 1,48


Be it enacted 4 Me Senate and Hose of Reprsentatives of do United
States of America in Congress assembled, That the Secretary of the Inte- WIism
rior be, and he is hereby, instructed to place the name of William Brown, B-rn to be
alias Billy Browna colored man, now a resident of Portland, in the State Won roll at
of Maine, on the pension roll, and pay to him a pension of ninety-six dol- Per annum,
lars per annum, commencing on the thirtieth day of May, eighteen hun- f a"
Mni
dred and forty-four, and continuing during his natural life. 18&4, rhilb.
AP'ROVED, August 1, 1854.

w. CLXXXVI. - A At to auaori te Paymt of nalid Pensio to tme eirs Aug. 1,1854.


of Lieutean Robwe WI/ite andothrs
Be it enacted &j the &nate and House of Representative of te United Robert We
Sates of America in Congress assem*kd, That the Secretary of the Inte- and others, or
rior be required to pay to the invalid pensioners, officers of the army of their represents-
the Revolution, hereinafter named, or if dead, to their widows, and if tn'e to bepi-d
the widows be dead, to the children of said officers, the amount of their for oitun time.
several invalid pensions which was deducted or withheld from said officers
under the provisions of the act entitled "An act for the relief of certain
surviving officers and soldiers of the Revolution," approved the fieenth
day of May, one thousand eight hundred and twenty-eight, namely: to 18M, CL. 8
Lieutenant Robert White the amount of his invalid pension from the Robert White.
third day of March, eighteen hundred and twenty-six, to the ninth day
of February, eighteen hundredand thirty-one ; to Captain John Crate the Capt. Crute.
amount of his invalid pension from the third day of March, eighteen hun-
dred and twenty-six, to the thirty-first day of May, eighteen hundred and
thirty ; to Surgeon's Mate, Mordecai Hale, from the third day of March, Mordecai Hale.
eighteen hundred and twenty-aix, to the ninth day of December, eighteen
hundred and thirty-two; to Lieutenant William Wallace, from the third Lieut. Win.
day of March, eighteen hundred and twenty-six, to the thirty-first Wallace.
day of December, eighteen hundred and thirty-six; to Lieutenant Philip Philip Stuart.
Stuart, from the third day of MIarch, eighteen hundred and twenty-six, to
the fourteenth day of August, eighteen hundred and thirty; to General _ en. Win.
William Barton, from the third day of March, eighteen hundred and Berton.
twenty-six, to the twenty-secnd day of October, eighteen hundred and
thirty-one; to Ensign Clement Sewal, from the third day of March, WClement Se-
eighteen hundred and twenty-aix, to the seventh day of January, eighteen waIL
hundred and twenty-nine ; to Lieutenant James Glentworth, from the Jiune Glent-
third day of March, eighteen hundred and twenty-six, to the thirty-first worth
day of May, eighteen hundred and thirty.
APPROVED, August 1, 1854.
VOL. X. PRIV. - 102

HeinOnline -- 10 Stat. 809 1849-1862


810 THIRTY-THIRD CONGRESS. Szss. L Cu. 187, 190, 197. 1854.
Aug. Z 185 CNPCXXV.A ntf ord~dwf&
aWorkpu~shsd5b'
T&"H. tunerwhas Udam hi Noo J Off ascert-ainng a ship's pe--
tin at Sa.
*1o,oo to be Be it enacted by the Senate and House of Represanadves/of go United
pd up &as of America in Congress assembe That in consideration of the
IL S to Thomas
onr,
the t feror transfer to the United States of the copyright of a work wherein Thomas
the opyrightof . Sumner fully describes his new method of ascertaining a ship's position
Uitdwor tt at sea, when a meridian observation ofthe sun cannot be obtained, there be
paid, out of any money in the treasury not otherwise appropriated, to the
said Thomas JL Sumner, or his lawful agent or attorney, the sum of ten
thousand dollars.
When said Sze. 2. An[andjbe itfurherenacte That after the said transfer shall
pubshk bed si be made, and the said sum paid, the said copyright shal be deemed
p sh. tpA et'tinet, and said book may thereafter be published as if no such right
had existed.
Aprpzovz, August 2, 1854.

Aug. 2, 154. Cnux. CXC.- AnAd toelinquish the Reversionary Inferes of the Unted Bates to a
certa Reervation.tan mentioned, and to anfrm Me At of Charles G. Gunter
thfelo.
Be it enacted by the Senate and Rouse of Representatives of the United
All the rIght States of America in Congress assembled That all the right, title, and
& rrMjtinterest which might accrue or revert to the United States to a certain
to the U.S. to fraction or [of] section number nineteen of township number sixteen and
a range number sixteen, including an island in the Alabama River, commonly
certan lands to
relinqkued
ined 9k called Manac's Island, a little below the mouth of Catoa Creek, and
heirsand a being the reservation to which Samuel Manac, a Creek Indian, became
sipns. entitled under the Treaty of Fort Jackson, be, and the same are hereby
When pateng relinquished to Charles G. Gunter, his heirs and assigns, and a patent
to be =41 shall be issued to the said Charles G. Gunter, his heirs or assigns, for the
same, upon the payment to the receiver of the land office at Cahaba, in the
State of Alabama, of the minimum price per acre of the public lands now
subject to entry in said State.
AprRovzD, August 2, 1854.

Aug. 8,1854. Om"~. CXCV2L-An Act aat4oriui the Exeion of the 4tAnd=Ma and Washtn-
ten Railrad into the Dlistic of Mol=Ma, and oferring certain Privle on the
Ealainor and Ohio Rzailrany
Be it enacted &ythe Senate andHowue Rofepresentaes of the Unied
Extension into States of America in Congress assen d, That the Alexandria and
te Distot of Washington Railroad Company, incorporated by the legislature of Vir-
m "
rizd ginia, on the twenty-seventh of February, eighteen hundred and fifty four,
to construct a railroad from Alexandria, in the State of Virginia, to the
city of Washington, in the District of Cblumbia, be, and are hereby,
authorized to extend their road from any point on the Virginia side of
the Potomac River to which said road may be constructed, at or above
the aqueduct of the Alexandria Canal, into the District of Columbia, con-
necting with the Baltimore and Washington Railroad depot by the most
convenient and practicable route or routes, pasing through and along
such streets or avenues, except the Pennsylvana Avenue of Washington
and Georgetown, as the corporate authorities thereof may respectively
approve, subject to cetain provisions hereinafter expressed.
SzoTio 2. And be it farder enacted, That the Alexandria and
Bridge aross Washington Railroad Company are hereby authorized to construct a bridge
the Potomac. over the rotomac River, on, or above, or west of the aqueduct of the
Alexandria Canal Company: Provide'd, said bridge shall only be built
on or over the piers of the aqueduct, with the consent of the Alexandria
Canal Company: Andprovidedfurdter,in constructing said bridge, and

HeinOnline -- 10 Stat. 810 1849-1862


THIRTY-THIRD CONGRESS. Sus.L CiO.197. 1854
crossing the Chesapeake and Ohio Canal, said bridge and railroad shall
be so constructed as not to injure or obstruct the use or navigation of the
Chesapeake and Ohio Canal: And providedfutAer, That this act shall
not prevent Congress from giving like privileges to any other raiad
company or any other person.
SEc. 3. And be it further enacted, That the Alexandria and Washington conta
Railroad Company are hereby authorized to establish depots in the cities and location of
of Washington and Georgetown at such points as the corporate authorities depou and
thereof may respectively approve, and to lay a railroad track or tracks to branches In
Wuhigtn and
such point or points within said cities, and through and along such streets Georgetown.
and avenues, except the Pennsylvania Avenue, of said cities, as may be
respectively approved of by the corporate authorities of said cities, and
to make all necessary turnouts; the said railroad company being subject
to such terms, conditions, restrictions, and taxation, and to such rules
and regulations, relative to the construction, repairs, and working of their
road, within the cities of Washington and Georgetown, as the corporate
authorities of said cities may from time to time respectively prescribe, so
far as. it may lay within their respective limits: Provided,no higher rate Taxation.
of taxation shall be imposed upon said railroad company than is prescribed
by the respective charters of said cities; and said railroad company shall
keep an office within the city of Washington or.Georgetown, and shall Office to be
have power to sue and be sued, to make contracts, and to purchase and kept in Wash-
hold lands so far as may be necessary for carrying on the operations of town.
the company, and the service of process on the president or any director Process.
of said company, or on the chief clerk in attendance at the offce of the com-
pany, shall entitle any party complaining to proceed against said compaly Powers.
as authorized under the laws of the District of Columbia to proceed against
chartered companies within its limits.
Spc. 4. And be it frther enacted, That the Baltimore and Ohio
Railroad Company be, and it is hereby authorized to construct and extend Extn s ion of
the Washington branch of said road, according to such route as may be Washington branch of the
most convenient, through the said District to some point on the Potomac Baltimore anad
River, opposite to or near the city of Alexandria, in Virginia, for the pur- Ohio . I.
pose of forming a connection with the said river and the lines of railroads
running south, subject to the provisions of its present charter; and the
said company are hereby authorized to locate, construct, and operate the
said extension, hereby authorized, through such parts of the city of
Washington, or public reservations, as the corporate authorities -thereof,
or the President ofd the United States, respectively, may consent to; and
also to build a bridge or bridges over the Eastern branch of the Potomac
River, at some point above the navy-yard: Provided however, That the
same shall not obstruct the navigation thereof. And said company shall pIt.
have power to locate and establish depots, and erect the necessary build-
ings thereon, and also to erect such wharves or piers into said river as
may be necessary, provided the same shall not obstruct the navittion
thereof: Provided,further, That the said Baltimore and Ohio Railroad
Company be subject to the same conditions and restrictions in extending
their road through any parts of the city of Washington, as are prescribed
for the Alexandria and-Washington Railroad Company: Provided,how-
ever,
day ofThat this section shall remainand
suspended for and
twoifyears,
January, eighteen hundred fifty-five, at thefrom
end the
of first
that
time, the Alexandria and Washington Railroad Company shall not have
completed a railroad to Alexandria, and have the same in good running
order, in pursuance of the requirements of the preceding sections of this
bill, then the Baltimore and Ohio Railroad Company shall have the pri-
vilege of extending their road by either of the routes authorized by this
act: And "proddedfurther, That if said Baltimore and Ohio Railroad
Company bhall not have executed so much of the provisions of this act

HeinOnline -- 10 Stat. 811 1849-1862


THIRTY-THIRD. CONGRESS. Szss. L C. 203. 1854-w
as relates to their company by the first day of January, eighteen hundred
and My-nine, then this act shall be void.
ApPovzm, August 8, 1854.

Au& s, is", Ca". CCL - An Ad to hworporate the Nationda Cosmn of Wasda&#=ty.


Be it enacted by the Senate and .ome of Repesentativees of Sa United
1Stat.e ofqf Ateria in Congress as em d, That George H. Calvert,
Corprore. Charles B. Calvert, Roger C. Weightman, Philip Otterback, John With-
ers, Richard H. Stuart, and Joseph Bryan, and those who may hereafter
become members of the company hereinafter mentioned, and their suc-
cessors, be, and they are hereby, created and declared to be a body politic
Title. and corporate, by the name and style of the National Hotel Company of
Washington City; and, by the name aforesaid, to have perpetual suces-
Powers. sion, with power to sue and be sued, and to make and use a common seal,
and to make and repeal rules and by-laws for the good government of
said company; and also to hold, use, and enjoy, in fee simple, or for any
lesser estate, the lots and parcels of ground And premises, situated in the
city of Washington, being lots 8, 9, 10, 11, 12, 13, and parts of lots 7,
and 14, in square 491, on the plat of said city, upon which are now erect-
ed the house or buildings and appurtenances known and denominated as
the National Hotel; and also any additional lots or parts of lots, adjoining
the said property, which maybe hereafter acquired by said company, and
also the improvements, fixtures, conveniences, and advantages erected on
said lots or parcels of ground appurtenant thereto.
Capital. SEc. 2. And be it furter enacted, That the capital stock of said com-
pany shall be five hundred thousand dollars, to be divided into five
thousand shares of one hundred dollars each, and shall be distributed
among the parties interested in the said lots of ground and premises,
in such manner as shall be agreed upon between them; and every person,
copartnership, or corporation, who is or shall be a proprietor of one or
more shares, shall, by virtue thereof be a member of said corporation, and
Eletions. shall be entitled, at all meetings of the stockholders for the election of
officers, or for any other purpose, to one vote, in person or by proxy, for
every share of the stock so held.
Olere. Suo. 8. And be iltfwier enacted, That the affars of the said company
shall be conducted by a president and six directors, to be elected by the
stockholders present, or a majority in amount thereof, on the first Monday
of November in the year eighteen hundred and fifty-four, and on the first
Monday of November in each succeeding year, or within thirty da~vs there-
after, and sball continue in office for one year and until successors are
chosen; and that the election in November next shall be held by the per-
sons named in the first section of this act, or a majority of them, and
every subsequent election shall be held by the president and directors of
said company.
Powers and Szo. 4. And be tfwther enacte That the said president and direct-
duties of dhreo- ors shall have power to fill all vacancies which shall occur in their own
tomh body during their continuance in office, and to prescribe the evidence of
ownership and mode of transfer of shares of stock in said company ; and
they shall keep full records of their proceedings, which shall be open to
the inspection of the stockholders at all times, and shall report at least
annually, a statement of their aftfairs to the stockholders, and shall declare
dividends of the profits on any part thereof, at their discretion, and gene-
rally may exercise all the power and privileges of the corporation ne-
cessary or proper to promote the objects thereof.
Shares to be Se. .5. And be ilfrrtUrenacted, That the shares of the capital stock
Perew e " of said company shall be deemed personal estate, and that special meet-
eoe. ings of the stockholders may be called by the president and directors, or

HeinOnline -- 10 Stat. 812 1849-1862


THIRTY-THIRD CONGRESS. Ss. L u. 205, 206. 1854. 818
by any number, not less than one third in amount of shares of the stock-
holders, at which meeting members present, and representing a majority
of the whole capital stock, shall be a quorum for the transaction of busi-
ness: and the stockholders at such meetings, or at any general annual
meeting, where such mAjority of stock is represented, shall have full
power to alter or repeal any by-law or regulation made by the president
and directors, and may make new rules and by-laws, which shall be bind-
ing on the said president and directors: Proded,That the same be not
contrary to the provisions of this act.
Sac. 6. And be itfrtve enacted, That nothing in this act contained TaZatlon.
shall be construed to exempt the property of said corporation from such
taxation as similar property, belonging to any other individual or corpor-
ation, is subject to.
Szc. 7. Add be itfurtw~r enacted, That nothing in this act contained Banking fo-
shall be construed to authorize the said company to exercise banking bidden.
privileges, or to issue any note in the form of a bank note, or certificate
payable to bearer.
Sac. & And be it furtUer enaced, That each of the stockholders in Stocokldeu
the said National Hotel Company of Washington City shall be held liable liable for the
in his or her individual capacity for all the debts and liabilities of the said debts.
company, however contracted or incurred, to be recoveredby suit as other
debts or liabilities, before the court or tribunal having jurisdiction of the
case.
Sac. 9. And be itfurther enacted, That it maybe lawful for Congress This actsub-
hereafter to alter, amend, change, or repeal the foregoing act. t to repeal,
APPOVED, August 8, 1854.

Cmar. CC0V. - An Act for the Relief of Willam Z. McEhiaV, E. P. Mathew, and Aug.s, is56.

Be it enacted by the Senate and House of Repreentves of as Usited


,States of America in 2ongress assembled, That William J. McElhiney, Win. J. WE-
E. P. Matthews, and Lawrence Cribben, shall be, and they are hereby, hiney, E. P. Mat-
respectively authorized to enter ee southeast frac4tonal Cribbeenwese-
quarter of fractional section ten, and the southwest factional quarter of y uthor-
fractinal section eleven, west of the St. Charles Commons, in township tizd ener
o
forty,-six north, of range four east, in the district of lands subject to sae posin
at St. Louis, Missouri, now in possession of each of them, upon pro- upon.era
ducing
the extent of to
proof their in said for
of the land o~ers
satisfaction respectively,
thepossessions, said district,
fractional of ceiidntn.
setions,
and paying therefor the minimum pric of the public lands; and, upon When tent
ench proof and payment being made, certificates and patents shall be to issue theseir.
issued therefor, as in other cases of the sale of public lands.
.A~ppnOVz, Aug. 8, 1854.

coonelneas . .cka, Deut -Ge_,wle Sate . ..


Bei enacted th Senate and House r t oees te Und
aes of Amer an ongress assemled, That the sum of six thousand .ss.09 to
five hundred and thiry-seven dolars and nine cents be paid to Mrs. bed to wi-
Helen aekay, out of any money in the treasury not otherwise appro- Macay s
praated, the same being allowance of commission for disbursements of asnureents
special appropriations by her late husband, Colonel .nens hekay, tadhr
prior to the thirtieth September, one thousand eight hu andt S.e 8

eight.
APPEov=, Aug. 8, 1854.

HeinOnline -- 10 Stat. 813 1849-1862


814THIRTY-THIRD CONGRESS. Sss. I. CQ. 207, 208, 209, 210, 211. 1854.
Aug. 8,18. Cmti. CCVIL-A Act for As RBeief of Sykanus Caver.
Be it enacted by the Senate and House of Representateive. of the United
Sates ofAmnerica in Congressassembled, That a land warrant for one hun-
A wart for dred and twenty acres shall be issued to Sylvaous Culver, the only sur-
120 acres of land
to be issued to viving heir of John Pearson, deceased, in lieu of a land warrant for one
s. Culver in lieu hundred acres, issued on the nineteenth day of April, eighteen hundred
of onefor 1 and six, to Samuel Pearson, in trust for himself and the other heirs of
Samuel p John Pearson, deceased, who was a private in the New York continental
line, and which warrant has been lost or destroyed.
APPROVED, Aug. 8, 1854.

Aug. 8, 18L4 Crup. CCVIIL-A Ad for the Rdiif of De &e=uv


Be it enactedby as Senate and House of Rprsentatives of the Uited
The petition, States of America in Congress assembled, That the petition of Daniel
rod refered to Steenrod, with the accompanying documents and depositions, be referred
the Secretoryo to the Secretary of War, who is hereby authorized to ascertain what is
Warho and
ascertain is to justly and equitably due the said petitioner thereon, and to pay such sun

ythetosum
r'oimd as may be found due, out of any money in the treasury not otherwise
be due appropriated.
thereon. APPROVED, Aug. 8, 1854.

Aug. 8,18 C Ar. CCIX.- An At for the Relef of Jonzas P. Levy and .Tose Maria Tarrn.
.B it enacted by the Senate and House of Representat'of the United
The rejeoted States ofAmerica in Congrees assembled, That the accounting officers of
claims of J. P. the treasury be, and they are hereby, authorized and required to exa-
evy pd I.M_ mine, adjust, and settle the claims of Jonas P. Levy and Jose Maria

demnita'nst Jarrero, for indemnity against the Government of Mexico, and which
Mne.tn,
.,.z an e- tbe- •
claims were presented
i to the late Board of Commissioners on the claims
wh
tied, and the against Mexico, and which were rejected by said board of ommis-
amounts tnd sioners, and the amounts found to be respectively due to the said
due to be paid Jonas P. Levy and Jose Maria Jarrero, the Secretary of the Treasury is
them. to cause to be paid to them out of any money in the treasury not other-
wise appropriated.
APPRovED, Aug. 8, 1854.

Aug. a, jut. Cni. CCX.-An Act for th Reief of W. D. Porter,of o Uited Ste Nay.
.,e it enacted by the Senate and House of Representatives of the United
The acconati of &ate* of America in Congress asembled, That the Secretary of the
W.D.Porter, for Navy be, and he is hereby, authorized and directed to cause the accounts
certain mone0
expendedby m of W. D. Porter, a lieutenant in the navy of the United States, for mo-
t e asudited by neys actually expended by him in defraying the expenses of bringing Amin
Seretary o Bey and suite to the United States in conformity with the request of the
,,t f,,ru,8 Honorable George P. Marsh, the Minister of the United States at Con-
not exceeding stantinople, to be audited, and to draw his warrant upon the treasury of
82
andtopaid. the
four United
dollars States for any sum not exceeding two thousand and twenty-
and thirty-two cents, which may be found due to the
said
Porter: which shall be paid from the treasury out of any moneys not
otherwise appropriated.
APPROVED, August 8, 1854.

Aug. 8, N& CP. CCXI.-An Act for th Reef of Ado MVea and John F. McKeetj, of

Be it enacted by the Senate and House of Representatives of the United


States of America in Congress assembled, That upon the return to the

HeinOnline -- 10 Stat. 814 1849-1862


THIRTY-THIRD CONGRESS. Buss. I. C. 212, 218, 21& 1864. 815

laud-office at Greensburg, Louisiana, of plate of surveys, duly approved John MoVe


by the surveyor-general, of township three south, of rage one west, a a o e
township three south, of range one east, it shall and may be lawfil for EE7 in
John MeVea and John F. McKneely to enter, at one dollar and twenty- which they have
five cents per acre, the one thousand acre tract or parcel of land whih inhel t
they have long held in possession and cultivation, and which is repre- o .
sented as covering parts of sections one, two, eleven, and twelve, in town-
ship three south, of range one west, and parts of sections six, seven, thir-
teen, and eighteen, of township three south, of range one east, in the
Greensburg Land District, Louisiana: Provided,That the entry shall be Provue.
made of the quantity aforesaid, according to the legal subdivisions of the
public lands, and shall embrace the quantity aforesaid and the land actu-
ally cultivated and enclosed by them, as near as may be: And provided, Further pro-
further, That the entry or entries made under the provisions of this act, vi
shall not be to the prejudice of any valid adverse, rights, if any such
exist, to any part of the land aforesaid.
Appuovzn, August 8, 1854.

Ca". CCXIL- An Adfor the Relief of am S.lots


Wsdta. Aug. 8,1954.
Be it enacted y tae Senate and House of R ese t of t Utd
States of America in Congress assembld, That the Secretary of the 0. & Wepteott
Interior be, and he is hereby, directed to place the name of the said the peniOn
Charlotte S. Westeott upon the pension rolls, and cause to be paid to rol, at 20 per
her the sum of twenty dollars per month, for the term of ten years, corn- month, for ten
mencing on the first day of January, eighteen hundred and fifty-four: Pro- Ly,
omJ
vided, That in ease of the marriage or death of the said Charlotte S. NOT,"
Westeott, the pensiozhereby granted shall be paid to her two children, or
the survivor of them.
APPRovD, August 8, 1854.

Ca". CCX=II.-An Act for tae Bdief of Wiiam H. Wdril& Aug. 8,1854.
Be it enacted By the Senate and House of Representatives of t4 Maited
States of America in Oomgres assemMed, That the Secretary of War be, $STs,2o to be
and he is hereby, directed to pay to William H. Weirick, late a second rmckformWi.
lieutenant in company G, of Colonel J. D. Stevenson's regiment of New ae, &c -
York Volunteers, out of any money in the treasury not otherwise appro-
priated, the sum of five hundred and seventy-six dollars and twenty-six
cents, the amount of mileage from California to New York, and two
month's pay, as paid to the other officers and soldiers of said regiment.
ApprOvuD, .August 8, 1854.

Redief of M .FWnh.
CiuP. CCXIV.- An Adt for MAe Aug. 8, 15&4
Be it enacted by the Snate and House of Representatives of the United
States of America in Congress assembld, That the Postmaster-General $750 to be paid
be,
be,
and nisheby
he is hereby, authorized and directed to pay to John Frink, out tojohnFrInk,on
appopriatedhored
, adirecedt po ay toohn Fr]o s account of two
of any money appropriated for mail transportation, the sum of seven 1es wrongly
hundred and fifty dollars, the amount of two fines,-one in the third and Imposed on 1dm
and the other in the fourth quarter of eighteen hundred and thirty-nine,
-wrongfully imposed on said Frink, and deducted from his pay, for car-
rying the mail on route number two thousand eight hundred and eleven,
from Joliet to Danville, Illinos, in said year.
APprOVzD, August 8, 1854.

HeinOnline -- 10 Stat. 815 1849-1862


816 THIRTY-Tp1IRD CONGRESS. Szss. L C. 215, 216, 217, 218, 219. 1854.
Aug. 8,1854. Cue. CCX.-An At3or t Rdlef of Jarg . Cushing.
Be it enacted 5g the Senate and House of epresentatives of til United
A warrant for States of America in Clongress assembled, That the Secretary of the
so much bounty Interior be, and is hereby, authorized and required to issue to Mary H.
Cdusb.g would Cushing, daughter of John Wainright Cushing, deceased, a soldier of
the
receive, if living, war of eighteen hundred and twelve, a warrant for so much military
to 111iu o bounty land as the said John Wainright Cushing would be entitled to
be
his
M0adaughter,
h!r receive were he now living.
APPROVED,August 8, 1854.

Aug.S,Cma
864.CCVL-A Acjbrthe Relf of Rebecca Baffw&, widow of Dad
HAP
Aug.8,184. CCVL- Ac/orBeagge4y deoeeec
e it enacted by the Senate and Homse of Rpresentatives of the United
Widow B a &ates of America in Congress assembled, That the Secretary of the Ite-
g.rly,
0ao I be
the M
pno rior is hereby authorized and required to place the name of Rebecca
rou nderthe Baggerly, of Lincoln county, Tennessee, widow of David Baggerly, de-
scts of july 7, ceased, who was a soldier, and private of the Maryland line in the war of
Merch 8, IhM, the Revolution, on the pension roll, under the acts of July seven, eighteen
oh. 102 June 17, hundred and thirty-eight, March third, eighteen hundred and forty-three,
1844, oh. 102, June seventeenth, eighteen hundred and forty-four, and of July twenty-
and July 29
1848, b&. 120, at ninth, eighteen hundred and forty-eight, at the rate of twenty dollars per
$2oper annum. annum, the same to be paid, as other pensions have been paid, in pursu-
4W id. ance of the provisions of the aforesaid acts.
APPROVED, August 8, 1854.

Aug. 8,188. CwA. CCXVIL-An Ad for de RWlf of George Mattiny


Be it enacted by the Snate and House of Representativesqf the United
Commissioner States of America in (ongress aaemed,That the Commissioner of
of public build- Public Buildings be, and he hereby is, authorized to convey to George
ine to convey to
said 3ttng, Mattingly and his heirs, all the right, title, interest, and estate of the
al __the Lt, United States of America in and to square numbered four hundred and
&.
o te 06 in ninety-five on the plat of the city of Washington: Provided,The said
p at of city of Mattingly, or his heirs, shall first produce to the said Commissioner of
W&ahZngton. Public Buildings a certificate of the Secretary of the Treasury that he
ProvIB4. has paid to him, for the United States, the sum of three hundred and
eighty-seven dollars and eleven cents, with interest thereon from the
twenty-sixth day of July, eighteen hundred and forty-four.
APPROVED, August 8, 1854.

Aug. 8,
1854 Cxu'. CCXVIL--An Act/or to ReWef of JosqA HMisoa
Be it enacted by de Senate and Housme of Representatives of the United
Jeph Mo- States of America in Congress assembed,That the Secretary of the Inte-
Mann to be piae- rior be instructed to place the name of Joseph MeMinn, upon the pension
onrthe pen- roll, and to pay him at the rate of four dollars per month during his
sioni roll, at $
er month, from natural life, commencing the pension from the first day of January,
for ;.7 1,1854, eighteen himdred and fifty-four.
APPROVED, August 8, 1854.

Aug.8, 185L On . CCXIX.-An Ac for aeRelWf of ease R 1%alw, of Jimoi.


Be it enactedby the Snate andHouse of Representatives of the United
Jesse I. Faulk- Mae of America in Congress assembled, That the Secretary of the
nr,to be P)"d Interior be, and he is hereby, required to place the name of the said Jesse
at permont, R. Faulkner upon the pension rolls, and cause to be paid to him the sum
fromJan.1,184, of eight dollars per month for and during the term of his natural life,
for life. commencing January first, eighteen hundred and Miy-four.
APPROVED, August 8, 1854.

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THIRTY-THIRD CONGRESS. Sums. I. C. 220, 221, 222,228,224,225. 185&817
C . C .- An At for diepdf of q.y N. Hate. .Aug. 8, 186L
Be it enacted by te enate andHome of Representatives of Me United
States of America in Congress assemMed, That the Secretary of War Henry N. Hd-
be directed and required to place the name of Henry N. Hasted, of New od placed on
pninrlat
York, on the roll of invalid pensioners, and that he.be paid a pension at 4per mont_
the rate of four dollars per month, from the first day of January eighteen flvinJan. 1,164,
fo his life.
hundred and forty-five, and to continue during his natural life.
APPROVED, August 3, 1854.

Ow. CCXXL-An Act for the Relief of ,ames Walsh. An. 8,1864.
Be it enactedby tMe Senate and Hoe of Representatives of the United
States of America in Conxgse assebld, That the Secretary of the Temes Walsh
Interior be, and he is hereby, directed to place the name of James Walsh, to be placed oSnot
of the District of Columbia, upon the roll of invalid pensioners, at the rate
of eight dollars per month, to commence on the first day of January, eigh- f6 .J"a=n1,
teen hundred and fifty-four, and to continue during his natural life. o his life.
APPROVED, August 3, 1854.

CHAP. CCXXIL -An Act for the Rdif of Jram At. Legs. Aug. 8, 18L
Be it enacted tie Senate and Houswe of Rep'esntatives of the United
States of America.in Congress assemabled, That the Secretary of the JamesI.Le,
Interior be, and he is hereby, directed to place the name of James ML to be placed on
Lewis, late of the State of Tennessee, now of the State of California, on he oll,
the pension rolls of the United States, at the rate of eight dollars per fom".1,1850,
month, to commence on the first day of January, eighteen hundred and for lifW.
fifty, and to continue during his natural life.
APPsOVED, August 8, 1854.

CAM. OCX - Au Act jbr the 1iW of Zro" J. Snow, Of Rome, in the State Of Ang&8,185L.

Be it enacted 4s the Senate end House of Representatives of tMe United


State of America in Congress anembed, That the Secretary of the Inte NOy3.Snow
rior be, and he is hereby, directed to place the name of Henry J. Sno*, t be placed on
of Rome, in the State of New York, upon the list of invalid pe sions of tepe rol
the United States, at the rate of eight dollars per month, to commence on ftman. . ,84
the first day of January, one thousand eight hundred and fifty-four, and for life.
to continue during his life.
AFPOVED, August 8, 1854.

Ca". CCXXIV.-An Act to prwide a Pension for TAmes K. Wdch. Aug. 8,18n.
Be it enacted by te Senate and House *ofB, taeves of ti Unied
States of America in Congress auenled, That James K. Welch, of James L
Fulton County, New York, who lost his eye-sight while in the service of Welch to be
the United States, in the line of his duty, be placed upon the pension roll, plce on pan
at eight dollar per month from the first day of January, eighteen hundred per month, from
and fifty four, to continue during his natural life. Jan 1854. orA
APPROVED, August 3, 1854.

Ca". CCXXV.-An A or h = Ref of Ao 7Wpp.


A Aug. 8, 1854.
Be it enacted k a Senate and Howe of .Rpes ves of i Vited
States of .Amierica in Congress assembled, That the Secretary of the Albro Trpp to
Interior be, and he is hereby, directed to place the name of Albro Tripp °ePlre., a $10
upon the invalid pension roll, at the rate of ten dollars per month, in lieu per month, in
VOL. x. PMn. - 103

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818 THIRTY-THIRD CONGRESS. SESS. L CIL 226, 228, 229. 1854.
stead of s4 per of the sum of four dollars per month, to which he is entitled under the
von as Pro law of Congress approved May four, eighteen hundred and fity-two,
aiss, e. Os. to commence on the first day of December, eighteen hundred
one, to continue during his natural life; the and fity-
sum he has received under
said act of May four, .eighteen hundred and fity-two, to be deducted
therefrom.
Act of 1852, SEc. 2. And be it fnjer enacted, That said act, approved May
oh. 2s, repealed, four, eighteen hundred and"fifty-two, entitled "An act for the relief of
Albro Tripp," is hereby repealed.
APPROVvD, August 8, 1854.

Aug. 8,1314. CRAP. CCXIXVL- An Adct r thef Beamn Hamunond, of MheState of Ne w


ofI~

e it enacted kg thie Senate and Howse of Bepresentaves of the Undted


Ben". Han- States of America in Congress assemed,That the Secretary of the Inte-
od to be plac- rior be, and he is hereby, directed to place Benjamin Hammond, of the
edonat "8r State of New York, upon the roll of invalid pensions of the United States,
mont, flro Jan. at the rate of eight dollars per month, to commence on the first day of
1,18, for life- January, in the year one thousand eight hundred and fifty-four, and to
continue during his natural life.
ApraovED, August 8, 1854

Aug. 83,164. Ca p. CCXXVIII.-An Ad for Me Re ofte Ciil Zbwmw'p of 1nkrn, fi de


Sof Merer, Odo.
Be it enacted by de Senate and House of Representatives of tle United
Trustees ofthe &atp of America in Congress assembled, That the trustees of the civil
t.wnsbip
nion Ohio,of me- township of Marion, in the county of Mercer, and State of Ohio, be, and
L,h let they are hereby, authorized to select, out or the unsold lands of the Uni-
a section in lieu ted States, in said State, one section of land for school purposes, in lieu of
of section six- section sixteen, to which said township is entitled by acts of Congress ;
teen. and when the said trustees shall have selected said section of land, they
shall notify the Register of the Land-Office of the district in which said
lands lie, and the same shall be reserved for sale, and set apart for the
use of schools in said township: Provided, That said selection and noti-
fication be made within twelve months fiom the passage of this act: And
providedfurther, That said selection shall be made of legal subdivisions
of the public lands, and in quantities of not less than one hundred and
silty acres.
Szo. 2. And he itfurthker enacted, That the title to the said lands, when
Title to and dis- so selected and set apart, shall vest in the State of Ohio, for the use of
pldton of the common schools in said township, and shall be subject to the same dispo-
d. se sition and uses that the sections sixteen in the said State have been made,
by the various acts of Congress affecting the same.
APpRovzD, August 8, 1854.

Aug. s, 14.. CIA?. CCXXIX.-An Ac grahting the Rig of Way over, and Depot Growsd on,
Miky Reserve at Fart Gratiot, in the State of Migat4 to the Port Haron and
the
Lake Mihigan Railroad Company.
Be it enacted b4 the Senate and House of Representatives of the United
President an- Staes of America in Congress assembled That the President of the Uni-
thorized tognt
to the Port Ha ted States; be, and he is hereby, authorized to grant to the Port Huron
To and Lake and.Lake Michigan Rilroad Company the right of way upon lands re-
Miohigan R. F. served for military purposes at Fort Gratiot, in the State of Michigan,
ohe rIIC of way and also the right to take and use other land belonging to the United
resere at Fort States at the same place for necessary depots: Provided, That he shall
Gratio on 0er- be of opinion that the said grants will not be detrimental to the public
tan conditions., interests, and that the company pay, into the treasury of the United

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THIRTY-THIRD CONGRESS. Suss. L CE. 281, 282, 288, 284, 285. 1854.819
States, the appraised value of the premises required for the depots and
other necessary buildings, to be determined by such officer or officers of
the Engineer Corps, or such other person or persons as the department
may designate for that purpose: And provided further, That the Idca-
tion and width of the roadway, and the location and boundaries of the
depot grounds, and also the conditions on which they are to be possessed
and improved, shall be determined under the authority and with the ap-
proval of the President: And providedfurther,That if the said railroad
and depots shall not be completed within ten years, or if at any time after
completion, the use of the said railroad or depots.be discontinued or
abandoned, the said grant shall cease and determine.
APPROVED, August 8, 1854.

CHAP. CCXXX.- AnA to chae the name ofthe American-4unt brig 11Glwnor- Aug.4, 1854.
gan" to da of" Wizard."
Be it enacted k the Soenate and House of Representatives of tAe United
States ofAmerica in Cngress asembled, That the owner of the brig Gla- Authority to
morgan, of Boston, be, and he hereby is authorized to change her name to chage thename
that of Wizard; and the Secretary of the Treasury is hereby authorized g to the W-
to issue to her aregister under thatmame, she having been condemned and z erd.
sold by the United States'authorities for having been employed in the slave SeRegister to is-
present
trade, and having been purchased since said condemnation by her
owner.
ApROVzD, August 4, 1854.

C-P. CCXXX.-An Ad for the Reief of Jacob Baker, of &mdaj City, OU. Aug.4,185.
Be it enacted by the Senate and Houe of Representativesof the United
States of America in Congress aemled, That the Secretary of the Jacob Sake
Interior is hereby required to place the nameof Jacob Baker, of San- to be placed on
dusky City, Ohio, upon the pension roll, and cause to be paid to him the enelon ontat
sum of eight dllas per month, for and during his natural life, commeno- frm Jue 27,
ing June twenty-seven, eighteen hundred and fifty-four. 1854, for life.
APPROVED, August 4, 1854.

CE".CCXXXIIL-AnAcfortheeiefof.. C. des,ofL=isbmlKe 1. Aug.4,184


Be it enacted 4 the Senate and Housme of Representatves of the United
States of America in Congress assembled, That the Posfmaster-General j. . Buklea,
be, and he is hereby, authorized and directed to pay to J. C. Buckles, of to be paid
Louisville, Kentucky, out of any moneys appropriated, or that may here- 0,0'5-
after be appropriated, for the transportation of the mails, the sum of three
thousand and six dollars.
APPROVED, August 4, 1854.

C'AP. CCXXXIV.-An Ad Ar the Beief ofrwAa Pre. Aug. 4,185L.


Be it enacted by te Senate and House of epresenta of the United
&ates of America in Congress assembled, That the Secretary of the Jonathan
Interior be, and is hereby, required to place the name of Jonathan Pearce to be
peare, of Muskingum County, Ohio, upon the pension rolls, and cause ion 01I at $S
to be paid to him the sum of eight dollars per month so long as he shall er month,,from
Eve, commencing January first, eighteen hundred and fifty-two. J 2,1862, for
APPROVED, August 4,
1854.

CKAP. CC= .- A A for te Rdief of David . Cas and G es U. lliMs. Ang. 4,1854
Be it enacted b4 tas Senate and Home of Representati seof the Utd
&atet of America in Cogress assemld, That the Secretary of the

HeinOnline -- 10 Stat. 819 1849-1862


820 THIRTY-THIRD CONGRESS. Suss. L Ci. 286, 287, 288, 289. 1854.
Payment to Treasury be, and he is hereby, authorized and directed to pay out of any
adG.leas. 1 money in the treasury not otherwise appropriated, to David C. Cash,
adl " late lieutenant, and Giles U. .Elis, private in the Seminole war in Florida,
whatever may be due them on the muster rolls, for military services in
said war.
APPRovED, August 4,1854.

Aug. 4,1854. CxAp. CCXXXVL - Actfor as Belief of 217oma . Gre.


Preamble. Whereas, it satisfactorily appears that a bounty-land patent was issued on
the twenty-ninth of November, one thousand eight hundred and seven-
teen, on militia land warrant number nine thousand nine hundred and
forty-two, to Charles Mullin, for the southwest quarter of section
thirty-six in township eleven north, of range three west, in the military
tract, Illinois; and on the twenty-second of July, one thousand eight
hundred and eighteen, a patent for the same tract was issued in error
to the heirs of Benjamin Knapp, on warrant number eight thousand
nine hundred and thirteen, Knapp's warrant haying been located on
the southeast quarter of said section, and said quarter-section so lo-
cated conveyed to one Thomhas C. Green by said Knapp's heirs:
Therefore-
Patent for Be it enacted b tMe Senate and Ho.me of Reprosentatime. of Ae United
laud to issue to States of America in Congress assembled, That the Commissioner of the
Ths. C. re General Land-Office be, and he is hereby required to issue a patent to
Thomas C. Green'for the southeast quarter-seetion above named; and that
said patent recite the fact that the former one was filled out erroneously
for the southwest quarter, and has been lost, and therefore a new patent
has been issued to the grantee of said Knapp's heirs.
APrrovzD, August 4, 1854.

Aug. 4,1854. Cirp. CCXXXVII.-An Act for the Rif of Patr& Gau.
Be it enacted & the Senate and House of Bgresentatives of the United
Land warrat ,Sae of Amersca in Congres assembled That the proper officers of
for
Issue820 acres to the Government be, and they are hereby, authorized and required to issue
e to Patrik
to W Patrick Gass a warranttafor three hundred and twenty acres of land,
which warnt may, at the option of the said Gas. or his assignee, be
located on any public lands of the United States subject to private entry.
.APOVD, August 4,1854.

Aug. 4,18 . V L A Ac u k rd g th cea_u qf te Treamyj to .eWe the


yCX
____g __ AccoAmzts of omas Jord, Assisbtant atnnaateri tde United &do Army.
Be it enacted b4 the Senate and House of Representatives of the United
The account ates of America in Conges asemled, That the Secretary of the
dan to be audi. Treasury be, and he is hereby authorized to audit and settle upon the
ed and paid principles of equity and justice the accounts of Thomas Jordan, assistant
quartermaster in the United States army, arising out of his disbursements
as disbursing officer of the quartermaster department at the city of Vera
Cruz, Mexico, from the tenth of August, eighteen hundred and forty-
seven, to the first of August, eighteen hundred and forty-eight.
APtPROVED, August 4, 1854.
Aug. 4,18K. Csr.. CCXXXIX.-An Act f th Rif of te egal Reesntatives of John Rice
Jones, deceas
Be it enacted by the Senate and House of Representative of te United
Repreent- States of America in Congress assembled, That the legal representatives
Je athor- of John Rice Jones, deceased, be, and they are hereby, authorized to
lIx to locate locate, in legal divisions and subdivisions, not less than one hundred and

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THIRTY-THIRD CONGRESS. Snss. L Co. 240, 241, 248. 1854. 821
sixty-acres, an area of three thousand four hundred and eighty-five 8,4 kes of
acres, on any of the public lands which shall have been offered at public lund.
sale, and may be subject to private entry: Prod That the location to be i otof
under this act shall be taken and held as in full satisfaction of the claims oim.
of said Jones, which are entered as numbers twelve hundred and eighty-
five and twelve hundred and eighty-six, in the report dated January
fourth, eighteen hundred and thirteen, of the Kaskaskia commissioners;
and, on a proper return being made to the General Land-Office, from the
District Land-Office, of a location in conformity to this act, a patent
shall issue: Provided aloays, That no location shall be made upon
mineral land or lands reserved for the use of school or for militar7
purposes.
APPRovED, August 4,1864.

COAP. CCXL. -As A& for the Rief of Roaldie Camilo.. Aug. 4, is".
Be it enacted by to Senate and Houe of Representats of tae United
States of America in Congress assemled, That, upon the relinquishment .Ie. caxmo
by Rosalie Caxillo and her children (being the widow and heirs of Jose auneza lot
Caxillo, late of Mississippi) of their right, titlb, and interest, in and to a of land and take
certain quarter-sectilon of land granted by Congress to the said Jose anote-
Caxillo, for his relief and indemnity, it shall be the duty of the proper 1541, ob. li.
officers of the Government to issue to the said Rosalie a warrant for one
quarter-section of land, to be located on any land belonging to the Govern-
ment, subject to private entry, in the Augusta Land District of MississippL
APPitOVzD, August 4, 1854.

CHAP. CCXUL- An Act for tMe Rdief of Ira l, of Hurn Couaty, ohio. Aug. 4,1854.
Be it enacted by tae Senate and Howe of Rpreseaves of tae United
States of America in Congress assembled, That the Secretary of the In- Ira Call to be
terior be, and he hereby is, directed to place the name of Ira Call, of plen pen
Huron, Ohio, on the list of invalid pensioners, at the rate of eight dollars pr moth, fom
per month, from the first day of March, eighteen hundred and fifty-four. Mar& 1,1854
APrnOVED, August 4, 1854.

Crum. CC]=HL-An Act to Ineworat the PioneerMamufaoeming Company of Aug. 4,18M4.


Georgetown, DA C.
Be it enacted k the Senate and House of R. resentatives of the United
States of America in Congress assem0d That Thomas Wilson, Evan Corporto
Lyons, Esan Pickrell, and Thomas Brown, thoir associates, successors,
and assigns, 1be, and they are hereby made and constituted a body cor-
porate and politic,
of Georgetown D. by theto name
C.," of" The Pioneer
be established Manufacturing
at Georgetown Company
in the District of Name.
Nae
Columbia, and as such shall have succession, and may sue and be sued, powen.
implead and be impleaded, in any court of law or equity, and may have
and use a common seal, and the same may change and alter at pleasure,
and shall have and may exercise all the powers, rights and privileges
which are incident to a corporation, except as restricted by this act, and
.which are necessary and proper for manufacturing cotton, woollen, or
silk goods or fabrics of various descriptions, and vending the same, and
for making and constructing all machinery which may be necessary for
the purposes aforesaid: and may purchase, have, hold, use, and enjoy
such a quantity of land as may be sufficient for prosecuting the business
aforesaid, to erect thereon such buildings and improvements as may
be necessary for the purposes aforesaid, and to sell and dispose of the
same at pleasure.
SzC. 2. And be it further enacted, That the capital stock or pro-

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THIRTY-THIRD CONGRESS. Sis. I. CL 248. 1854.
Capital stock. perty already contributed by the parties hereby incorporated, and their •
associates, shall be divided into shares of one hundred dollars each, to be
distributed amongst the said parties and their associates, in proportion to
their respective interests; and the capital stock of the corporation may
be increased from time to time in such manner as the stockholders in
general meeting may direct, so that the entire capital* stock at any one
time shall not exceed two hundred thousand dollars; and the said shares
shall be deemed and taken as personal estate, ana shall be transferable
only on the books of the corporation, and in such manner as may be pre-
scribed by the by-laws thereof; and the owner of one or more such shares
shall, in virtue thereof, be entitled at all elections, and in all meetings of
Votes. the stockholders, to one vote for each and every share which may be
owned by him, which said vote may be given in person or by proxy, in
such manner as the by-laws may direct.
liianagement SEC. 8. And be it furtke enacte, That the management of the business
of business and concerns of said corporation, subject, nevertheless, to such restraint
and qualifications as may be prescribed by the by-laws or other votes of
the stockholders adopted in general meeting, shall be vested in a board
Drectors, &. to consist of a president and six directors, who shall be elected by ballot,
and shall be stockholders at the time of their election; and they, or
a majority of them, shall be a quorum for the transaction of business:
that the first board shall be elected within six months after the passage of
this act; and the subsequent elections shall be made annually there-
after, on the first Monday in May, at a general meeting of the stockhold-
ers, to be convened for the purpose at such time and place; and after
such notice as may be fixed by the by-laws of the corporation, or by
the president and directors in conformity therewith; but if an election
shall not be made on the day appointed for the purpose, it may be made
at any time thereafter; and the president and directors, for the time
being, shall hold and exercise,their offices until a new election shall be
made ; and in case of a vacancy in the office of president or director,
the remaining members of the board shall choose a president or director,
as the case may be, to serve until the next annual election.
Sic. 4. And be it furder enated, That a general meeting of the
Stooknolders' stockholders shall be called by the president and directors as often as
meetings. they may deem expedient, or as the stockholders by their by-laws or
other votes may direct, and may likewise be called by any number of
stockholders owning not less than one-fourth part of the capital stock;
and at least five days notice of the time and place of such meeting shall
be given to each stockholder personally, or by advertisement, to be in-
serted in a newspaper published daily in the City of Washington ; and in
any meeting of stockholders for the transaction of any business, the owners
of the major part of the capital stock present, by person or by proxy, shall
form a quorum; and every such meeting shall have full power and
authority to provide by ordinary by-laws, or by other vote, for transact-
ing the business of the corporation, which by-laws or vote whilst in force,
shall be binding on the president and directors.
akiangprv- SEC. 5. Andbe itfuraer'enacte That nothing herein contained shall
g not con- be construed to confer banking privileges on the said corporation, or the
ft epealle, power of issuing bank notes, or notes in the nature of bank notes, or paper
intended to circulate as bank notes or currency: Provided,That nothing
in this act contained, shall be so construed as to prevent the Congress of
the United States from altering or repealing the same whenever the
m public good requires it. And provided furr, That the stockholders,
dabie ftr debts. individually and collectively, shall be responsible for all the acts done,
and obligations incurred by the corporation created by this act.
APPzOVzD, August 4, 1854.

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THIRTY-THIRD CONGRESS. Suss. I. C. 240, 250, 251, 252. 1854. 828

cO P. C XLL-A Actfo the eUefof..omas Bronag; . .f e . 14.


"4Acd to aid the Torrtory of Minnesot mnthe oonstructoa of a air thrIF,
dul -
pvwrd dthgices Jmmz eight-e hundred andjfAyjAur 1864, oh. 73.

Be it exacted b O Senate and Hose of Representatves of ts Uited


tates of America in Cbnxress assembled, That the Secretary of the Peion of
Interior is hereby directed to increase the pension of Thomas Bronaugh, Thos. Bloasuo
who is now on the rolls at tur dollars, to the rate of eight dollars per t e monat h
month, to commence January first, eighteen hundred and fifty-four. from. Jan. 1,
bill entitled "An act to 1854.
Szc. 2. And be it flrther enacted, That the consructon
f a ailrad heren,"Act of 1854,
aid the Territory of Minnesota in the construction of a railraoad therein' I oepealed.
which passed the House of Representatives on the twentieth day of June,
eighteen hundred and fy-four, and which was approved by the President
of the United States on the twenty-ninth day of June, eighteen hundred
and fifty-four, be, and the same is hereby, repealed.
APPROV ED, August 4, 1854.

Ow. OCL.-An Act to roside a PaWu for Captain Thwas Porer. Aug- 6,1854.
Be it enacted bg as Senate and Hfouse of Breresentatives of the United -p~, P.*86
&ates of America in Congress assembled, That Captain Thomas Porter, Capt.Thos.
a deputy quartermaster-general in the warof eighteen hundred and twelve, Porter to be
be placed upon the roll of invalid pensioners, at twenty dollars per month, placed on pen-
commencing on the second day of March, Anno Domini eighteen hundred Per mou, atro
and thirty-one, deducting from said amount such sum or sums as have March i,Isi.
heretofore been allowed and paid to him as pension money.
ApnovzD, August 5,1854.

Cw". C CLL-An Act for thdeli of Jul44 Aiken. Aug. 5,18IN.


Be it enacted , aSenate
the and House of rresentativesof the United
Sates of America in Qongress assembled, That the Secretary of the Inte-
rior is hereby instructed to pay to Julia Aiken, the only child of William beJuela AWn to
paid equiva-
Yool, who died in the naval service of the United States, in the year lent to ap o.
eighteen hundred and one, on her sole and separate receipt, and for her
sole use and control, the amount of pension she would have been entitled
to receive under the provisions of.the act of March third, eighteen hundred
and thirty-seven, if her claim had been allowed while that act was in force. 1"7, oh. 41.
APPROVED, August 5, 1854.

CH". CCIL -An Act for the Relief of Thomas Cates .Tones, surety for a for- Aug. ,184.
ner Poswiaaterat Norfolk, Virginia_._Ag_,1_
Be it enacted by the Senate and Homse of Reprsenatives of the United
States of America in on'gres assembled, That a certain judgment ren- Ajudgment
dered, in the year eighteen hundred and forty-two, against Thomas Ap aga .
Catesby Jones and Duncan Robertson, as sureties for Walter F. Jones, Ap. Cate._
formerly postmaster at Norfolk, in the State of Virginia, for the sum of Jo 'esad
Ro."
four thousand three hundred and eighty-seven dollars and nine cents, it declard satid-
being on account of the defalcation of said postmaster as such, be, and ed.
the same is hereby, declared satisfied, in so far as the said sureties, or
either of them, are liable thereon.
Szo. 2. And be it further enated; That the sum of two thousand five
hundred dollars, heretofore by said Thomas Ap Catesby Jones, through $2,600 to be
his agent, paid on said judgment, be, and the same is hereby, ordered to ro.unded to said
be refunded to said Jones out of any moneys in the treasury of the United Jone
States not otherwise appropriated.
APrPROvD, August 5, 1854.

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824 THIRTY-THIRD CONGRESS Szss. L Gm 258, 254, 255, 25. 1854.
An&. ,185. Cuh. CCLML-As Ad fr the R f of A. S. Laughery.
Be it enacted Me Senate and House of Representatives of the United
to Land
issue warrant
to A.&.States of America in Congress asenMed, That upon its being made to
Lt Iuery on appear to the Commissioner of Pensions by sufficient proof, to be judged
eer of by him, that the said A. S. Laughery servered (served] as a clerk in
onprpof
beingniade, the Commissary Department of the United States Army i lMexico during
the late war with that nation, it shall be the duty of the Commissioner
of Pensions to issue to the said A..S. Laughery a land warrant for such
an amount of acres (according to the time of the service proven) as he
would have been entitled to under existing laws if he had served the
same time in the army of the United States in said war.
APPzROVD, August 5, 1854.

Aug. 5 Or. CCLIV.-An Adcr ae Refof the Legul Bwmmfttke of hares Pavie.
Be it enacted b the Senate and House of Bepresentative of the United
ror inand States of Amema in Congress assembkd, That the Commissioner of
cam of Charle the General Land-Office be, and he is hereby, authorized and required
eoto. .. to correct the error in the description of the claim for land by Charles
Pavie (number thirty-seven) in the report of the register and receiver
of the land-office at Ouachita, Lousiana, dated July twenty-fourth, eigh.
teen hundred and thirty-seven, and confirmed by the act entitled " A n
act confirming certain land claims in Louisiana," approved July sixth,
184, oh. SO. eighteen hundred, and forty-two, and to have the same located on the
south or right side of Red River descending, not exceeding the quantity
claimed and confirmed as aforesaid :Proided,That this is only to operate
as a quitclaim on the part of the United States.
APPROVED, August 5, 1854.
Aug. 5,1854. C1mp. CCLV. - An Act/or the Relef of the Heirs of Qqiaia Matlew.Tadk deeed.

Be it enacted 4 the Senate and Houe of Representative of the United


One years ex- States of America in Congress assembled, That the Secretary of the
e. Maew Treasury be, and he is hereby, authorized and reqpired to pay to Samuel
Jack. Jack, for himself and the other heirs of Matthew Jack, deceased, late a
captain in the Pennsylvania line in the continental establishment of the
war of the Revolution, one year's extra pay of a captain in such service,
as promised by the resolves of Congress, to be paid out of any money in
the treasury not otherwise appropriated.
APPRoVED, August 5, 1854.

Aug. 5,1"5. Cmx. CCLVL-An Ad for t Roef of ae Legal Hefs of Bmjans Aiqe.
Be it enacted b4, the Senate and Hosse of Representatives of the United
Benj.Metoyer S of America in Congress assembed,That Benjamin Metoyer, oC
ter eetwn laud Natchitoches Parish, of Louisiana, be authorized to enter for himself and
for heirs of Bej. the other heirs of Benjamin Metoyer, deceased, [as] near as may be by
Netoyar. legal subdivisions, one hundred and twenty-three and twelve one hun-
dreths acres of land, out of any public lands belonging to the United
States.
Patents to is- SEC. 2. And be it further enaced, That the Commissioner of the Land-
sue for lands
heretofore con- Office be authorized to issue to the said heirs and legal representatives,
firmed to them. patents for the lands heretofore confirmed to them or those under whom
they claim by acts of Congress.
A PROvED, August 5, 1854.

HeinOnline -- 10 Stat. 824 1849-1862


THIRTY-THIRD CONGRESS. Szs. L C&N257, 258, 259, 260. 185& 825
Onipr. CCLVHII-An Act for the Relie of Jae apen Aug. 6,1"5
Be it enaced &gthe Senate and House of Representatitpesof the Unitd' po, p. 87o.
States of America in Congress assemd, That the Secretary of the In- James oqpan
terior be directed to place the name of James Capen on the pension rol to be Placed on
and that the said Capen be entitled to receive the sum of eight dollars r ! Aa
per month during his natural life, to commence on the fourth day of fro March 4,
March, eighteen hundred and fifyone. 1861, for life.
APpaOVED, August 5, 1854.

Ckw. CCLVflL-An Adt or dhe Relief of Lleyd Dorse, awd others Aug. 5,1864.
Be if enacted by the Senate and Homse of Representative of the nited
States of America in Congress assem ed, That Iloyd Dorsey, of the Lloyd Domey
county of St. Charles, and State of Missouri, be, and he is hereby, author- author.d toen-
ized to enter at the proper land-office in said State, at the minimum te certain Ilnd.
price of the public lands, the southeast fractional quarter of section twenty-
two, township forty-six, range four east, containing one hundred and forty-
two and eighty-nine one hundreth acres; and that he is hereby authorized
t6 enter, for the use and benefit of the heirs of George Piter, deceased,
the southwest fractional quarter of section twenty-two, township forty-six,
range four east, containing one hundred and four acres, and the northeast
fractional quarter of section twenty-seven, township forty-six, range four
east, containing forty-sx acres: Provided, That nothing in this act con- Proviso.
tained shall prejudice the rights of any person or persons having any legal
or equitable claim to the lands herein mentioned, any or part thereof.
ArprOVED, August 5, 1854.

Cw.A CCLIL.-As Act for the Weie of Willan Cw~ran. Aug. 5,1864.
Be it enacted k the &nate and House of Bepresentativesof tae Uhited
States of America in Congress assembe& That the assignment, bearing T ,gn
date the twenty-fifth day of April, eighteen hundred and fifty-one, from mentfmThos.
Thomas Myers to William Curran, of bounty land warrant number four Myers to will
hundred and seven, for one hundred and sixty acres of land, dated the Ouy ofl a
seventh day of February, eighteen hundred and fifty-one, and issued to warrant oonfirm
Thomas Myers, private and corporal in Captain Skinner's company, ed.
Colonel Mill's regiment New York volunteers, war of eighteen hundred
and twelve, be, and the same is hereby, confirmed and declared effectual to
transfer the said land warrant to the said William. Curran, and to vest
in him the title thereto from the date of said assignment; and this act
shall be deemed and taken to be good and sufficient evidence of said
assignment, having been duly made in all courts and places whatever.
APPROVED, August 5, 1854.

Cnir. CCLX.-An At for tMe d.f f ert F. McGuire and Louisa, his wife, late Aug. 6,185.

Be it enacted 51 tAe Senate and House of Representatives of the United


State. of Aneria in Congress assemb/kd That Robert F. McGuire, _ p. and L.
and Louisa MeGuire, his wife, late Louisa Lamy, be, and they are hereby, McGuire, con-
confirmed, in their title to a certain tract of land, in the State of Louisiana, firmed
title to ina their
certain
containing four hundred arpents, situate in and being a part of the "Baron tract of land.
de Bastrop Grant," being the same tract to which the said MeGuire and
wife derived their title from the conveyance of A. Morehous, dated seven-
teenth April, eighteen hundred and nine: Provided,That this act shall Proviso.
be considered only as a relinquishment of title on the part of the United
States to the said tract, and not prejudice the rights of third persons.
APprOVED, August 5, 1854.

VOL. X. PRIv.- 104

HeinOnline -- 10 Stat. 825 1849-1862


826 THIRTY-THIRD CONGRESS. Szus. L Cm 261, 262, 268, 264, 265. 1854.

Ang.5$ 1854. CHAr. CCLrL-Ax Act!frMRelef of W wne Rqud.


Be it enacted Sy the Senate and Bowe of presentatives of the MVizted
Warren
mond on S!ats of America in Congres asemb e; That the Secretary of the
plaoedray-
I1n1ion roll at Interior be, and he is hereby, directed to place the name of Warren
4 per month, Raymond, of the State of New York, upon the roll of invalid pebsion.
frolmjJ-. 1,1858, era, at the rate of four dollar.per month, to commence on the first da' of
for M January, Ano Domini eighteen hundred and fifty-three, and to continue
daring his eiatural Ife
APPROVED, .August 5, 1854.

Aug. 5, 18. CRAP. CC=L-An Ad fo Me Rlef of Aom S. Mny of Vityinix.

Be it enacted by the Smate and House of epresentatives of the United


John S. King, Sater of America in Oongress knsKn&e, That the Secretary of the In-
toen
C be pzoo at teror be, and he is hereby, required to place the nme of the said John
on oi
per monh. S. King upon the pension roll, and cause to be paid to him the sum of
Joi.an.1,
WS; eight dollars per month, for and during his natural life, commencing
for lfe. January first, A. D. one'thousand eight hundred and fifty-three.
APPROVED, August 5, 1854.

Aug. 6,14M. CRAp. CCLXff.-An Aet for t4e ef of H Lewis and Mo Pew, of

'Ken" Be it enacted by the Senate and Home of Representatives of ta United


sadr LeWIS4States of America in Congress assembled That Henry Lewis, of Clinton
authorized to en- County, Indiana, and Moses Petet, of Parke County, Indiana, be, and
tr crs tn land they are hereby,each authorized to enterfree of cost, except the fees to the
Ism for lordy
d othiers, am or and, out of any lands subject to private
entry, at any land-office in the United States, or the Territories thereof,
in full of their respective claims for money paid Charles Tyler, register
of the-laad-oce at Crawfordsville, Indiana, in. the .month of January,
Anno Dom;, eighteen hundred and thirty seven, the amount thereof,
being fifty. dollars each.
'ApPoViD, August 5, 1854.

6,18C.
Aug O . CCLXIV.-AnAdt rtaefief of th Lega Repreuenatives of Gea.ri lf&
Girk.
Be it ena
Sttsof
ted
by te Senate and Home of Rep etalive oft Utced
America in C7onress assmbed That the legal representatives
The repre
sentatives of
MeGirk author.
of George MeGirk be, and they are hereby, authorized to enter, without
-zdtoentrer- payment, one hundred and sixty acres of land, in any land-ofe of the
- tm lands. eof Missouri, in lieu of a tract of land claimed by them in said
State,
of viz:
range the northwest
seventeen, (west quarter of section
of the fifth one,meridian
principal in township
line,forty-eight,
and being
survey number two thousand five hundred and forty-four) s for which
land, so entered by them, the register of the land-offioe shall issue the
necessary certificate, on payment of the fee therefor, on return of which
said certificate to the General Land-Office, a patent shall issue in favor
of said legal representatives.
APPROVzD, August 5, 1854.

Aug. 5,18ISM Cmkp. CCLX.-_A# Ad efr Me Reli of Ans Leach.


Be it enacted by tb Senate and House of Reprsnie of ta United
An- ym to States of America in Congress atsemod, That the Secretary of the
beloedoupen- nterior be instructed to place the name of Asa Leach upon the pension
%rmonth,frompa roll, and to pay him at the rate of four dollars per month, commencing
Aug. 1,1862, for August first4 eighteen hundred and fifty-two, to continue during his life.
life. APPROvED, Auust 5, 1854.

HeinOnline -- 10 Stat. 826 1849-1862


THIRTY-THIRD CONGRESS. Sas. L C. 266, 272, 275. 1854. 827
Cn". CCLXV.-Aa Act fortf~ Rw i f Gwp M. BentqofaisStateo Ag., 54
188*, oh. 191.
of.t1eV9L 18peankde
Be it enacted by the Senate and Aowe. of
Sates of Ame in lonwrm s That the 8eetary of the GeOg L
Interior be, and he is authorized and directed to place the name of placed Bentey to be
onlPnn
George M. Bentley, of the State of Indiana, upon the list of invalid pen- lno 1
sioners of the United States, at the rate of eight dollars per month, from per moth, from
the first day of January, in the year eighteen hundred and fity-four, and J" 1, 184, f
to continue during his natural life.
APPROYD, August 5, 1854.

Czar. COLXXIL- An Act pqwnhq the Right of a to th keepoli and Eentia Aug. 5,186C.
at Benic4a in
C forni.Clapa nvhwh and owe the ground of theVW &iitetae
Raiload

Be it enacted kg Ase enate and Hfoe of Rqreentatives of the United Bight of way
Stae. of America in Cnrv s asseme, That the rightof way, sixty-six g n at Beni-
feet in width, shall be and is hereby granted to the Marysville and Beni a R-
ent
Railroad Company for the road of said company through and over the R.
grounds of the United States at and near Benicia, in Solano County, and
State of California: Provided,That the route of said railroad across said, Provis
grounds be approved by the Secretary of War before the same is entered
upon for the purpose of constructing said railroad: And providedfurther,
That the same be granted without detriment to the public interest in the
opinion of the Secretary of War.
APRmOvYFD, August 5, 1854.

Cmu. CCLXXV. -A a At 1 eartef ofi9ehrabtanft of Towwhip Fgflw, Aug 5, 185L


Rage one, in Ware Coty, Missouri.
Whereas the concession of six hundred arpens of land by C. D. Delas- Preamble.
'sus, the lieutenant-governor of Upper Louisiana, to Andrew Kinaird, and
which concession was confirmed by the act of Congress of July fourth, 1886, ch. 8
eighteen hundred and thirty-six, entitled "An act confirming claims to
land in the State of Missouri, and for other purposes," was located prior
to the surveys of the public lands in Missouri; and whereas, upon the
survey of said lands one-half of section sixteen, of township forty-five, of
range one west, in Warren county, Missouri, was covered by the eonces-
sion to said Kinaird: Therefore -
Be it enated 6y the &nate and House of Representative of the United
States of .metica in Cosgress assembed That the board of directors Other lands
of common schools in and for said township be, and they are hereby,I may be seleeted
in lien of one
authorized to select and have set apart, for the use of schools in said half of section
township, one-half of a section of any of the public lands in the land dis- 1s.
trict within which said county is situated, in lieu of the half of said seo-
tion sixteen, which is covered by the concession to said Kinaird; and
when the said board of directors shall make the selection of said half-sec-
tion, the (y] shall notify the register of the land-office in said district of
the land so selected, and the same shall be reserved from sale and set
apart for the use of schools in said township: Provided, That said selec- Proviso.
tion and notification be made within twelve months after the passage of When eected;
this act, and provided said selection shall be according to the legal sub- and need. -
divisions of the public lands, and in quantities not less than eighty acres.
Szc. 2. And be it furtAer enacted, That, when the half section of
land shall have been so as aforesaid selected and reported to the register
aforesaid, the same shall vest in the State of Missouri, subject to the same
disposition and uses, and shall be held subject to the same conditions and
terms in all respects whatsoever, as by. the sixth section of the act of Con-
gress of March sixth, eighteen hundred twenty, entitled "An act to 1820, ch.2S.

HeinOnline -- 10 Stat. 827 1849-1862


THIRTY-THIRD CONGRESS. Szss. L C. 277. 1854.
authorize the people of Missouri Territory to form a constitution and
State government, and for the admission of such State into the Union on
an equal footing with the original States, and to prohibit slavery in cer-
tain Territories,' were prescribed or intended in relation to sections num-
bered sixteen.
APPRovED, August 5, 1854.

July 2r, 1854. Cur. CCLXXVIL-Aa Ad/or die NWiS of JoseA Cenpa
Be it enactee by the S ate and Houe of Repra iea'e of the United
Patent to be &ates of America in Conress assembed, That the Commissioner of
issued to J; am-" the General Land-Office cause a patent to be issued to Joseph Campau,
d certain for that tract of land lying in township number six north, of range seven-
ia h teen east, in the State of Michigan, and described as follows, to wit:
sixteen arpens by forty French measure, commencing at a point on the
south border of the river Au Delude, about two miles from its conflu-
ence with the river St. Clair, and thence up stream, upon said river De-
lude, sixteen arpens ; thence at right angles with the said river Delude,
to the distance of forty arpens; thence in rear sixteen arpens; thence to
the place of be gi by a line of forty arpens in length.
Szc. 2. And be it fwther enated, That if the above description be
not sufficiently definite, as to determine the precise boundaries of the
said lands, the said commissioner shall cause the said tract of land to be
When to be surveyed without delay, and upon the filing of the said survey, together
surveyed. with a plat thereof, in the proper office, the said commissioner shall cause
Patent to isue, to be issued to the said Joseph Campan a patent for the lands so describ-
Proviso. ed in such survey: Provided, That this act shall only be construed to
be a relinquishment on the part of the United States, and shall not in-
terfere with the rights of third persons.
AreuovzD, July 27, 1854.

HeinOnline -- 10 Stat. 828 1849-1862


THIRTY-THIRD CONGRESS. Szss. L RS. 2,9. 1854.

RESOLUTIONS.

[No. S.] Joint R, o r the Rei of Alvner P.-e late &we of Wi- Jae. 24,185
moumi Tero", and sw-eftuu
esoled 4f do Senate and House of Reneentat*W8s of as United
State of America in Comgrenss eewd, That the proper accounting MAscount. of
officers of the Treasury Department be authorized and directed to settle be auditea.
the accounts of Alexander P. Field, late Secretary of Wisconsin Terri-
tory, upon principles of equity and justice: Provid That no credit .ocredit to be
shall be allowed the said Field in said settlement undertothis resolution, alloed,. pt
inclu-a c ...
except such of the follow [ing] items numbering from one twelve,
sive, claimed by the said Field, as the said accounting officers may deter-
mine in equity and justice should be allowed.
Item No. I. W. W. Wyman, payment on bond not yet surrendered,
four hundred and thirty-seven dollars, ($437.00.)
Item No. 2. C. C. Sholes, payment on his bond not surrendered, one
thousand and seventy-five dollars, ($1,075.00.)
Item No. 3. Over-payment to Josiah A. Noonan for printing, one
hundred dollars and forty-one cents, ($100.41.)
Item No. 4. Over-payment to John Catlin, one hundred and seven
dollars, ($107.00.)
Item No. 5. Geo. L Coates' bond, wanting Gridley's endorsement, one
hundred dollars, ($100.00.)
Item No. 6. E. Slingerland's bond, wanting J. Kneeland's endorse-
ment, one hundred dollars, ($100.00.)
Item No. 7. James Sullivan's bond, wanting his own endorsement,
thirty-five dollars, ($85.00.)
Item No. 8. Appropriation of Legislative Assembly, for expenses of
journey to Washington, procuring and transporting funds, etc., eight
hundred dollars, ($800.00.)
Item No. 9. Payment to Barlow Shackelford, six dollars and sixty.
five cents, ($6.65.)
Item No. 10. Appropriation of Legislative Assembly, February,
eighteen hundred and forty-three, for expense to Washington, procuring
and transporting money for expenses of Legislative Assembly, eight
hundred dollars, ($800.00.)
Item No. 11. Appropriation for office rent, stationery, etc., one hun-
dred dollars, ($100.00.)
Item No. 12. Appropriation for postage, one hundred dollars ($100.00.)
making in all, three thousand seven hundred and sixty-one dollars and
six cents, ($8,761.06.)
APPROVED, January 24, 1854.

[No. 9.] Joint Resoltonfor seng the d . Boi Hamiton.


am o" Marci 27, 1"4.
Resolved by the Senate and Houe of R sentative of go Ufnited
tates of America in oness assemled, That in place of the parties Pe.. ons to e -
named for settling the accounts of A. Boyd Hamilton in the seventeenth teothe s-ants
section of the act entitled "An act making appropriations for the civil miton.

HeinOnline -- 10 Stat. 829 1849-1862


880 THIRTY-THIRD CONGRUSS Sus. L rs 14,15,19, 20. 1854
185, ohics. and diplomatic expenses of the Government for the year ending thirtieth
June, eighteen hundred and fifty-three, and for other purposes," there be
substituted the first Comptroller of the Treasury, who is hereby charged
with their duties as specified in said act, and that the accounts of said A.
Boyd Hamilton be settled as prescribed in said section of said act, and
Payent. that he be paid any sum that may be found due to him at the Tteasury
of the United States upon the certificate of said Comptroller.
AP1'ovzi, March 27, 1854.

June 29, 1854. [No. 14.1 ARSZOading M consent of qongrws to the aceeptanceby Lieuteant XL
P. Mawy~, of the Navy, of a GoHdMedaljanaHisMai"d King of Sweden.
Resolved by the Smenate and House of ,epresentatives of the United
Let IL F. - Sates of America in Congress asembed, That Lieutenant M. F.
MaY. 1"da Maury,of the United States Navy, be, and he is hereby, authorized to
meda = e p a gold medal recently presented to him by His M~jesty the King
Mung of Sweden. of Sweden.
APPOVED, June 29, 1854.

July 17, 1". [No. 15.] "oint esolution to correc a derical error in the Ad aproa June hnty.
1854, oh. 64 second, etghteen htisdrd andfIftfour, "to athoris a. tegise&
to the stemw
or 'E Piarguay,' by a new name."
Resolved by the Senate and Home of Representatives of te United
Cleolal errar tas of America in Congress assembled, That the word "Joy" where
In act of 1864, it occurs in the "Act
&h. 64, cm cted. to authorize a register to be issued to the steamer
'El Paraguay' by a new name,"approved June twenty-second, eighteen
hundred and fifty-four, shall read and be held to mean Ivy.
Apn'ovzD, July 17, 1854.

JMY 27,1864. [No. 19.1 ARBsbinauhonstesew"


aof doeT,0rio'2 O4 N Mexico to ad.
tt lone
Z to the gisatv As byofteTrtoy of New MexCO, under authriy
of a Joint Reolution of tha 6ody, approved the seventcent 1 ofr.une eight(eghtmlnhwa.

Resolved by te Senate and House of Representatives of te Unied


Aaeontg of J. States of America in Congress assembled, That the Secretary of the
0-__ l .. L- Territory of New Mexico be authorized to adjust and pay to Juan C.
iry of ew
Collns, toro Armn o Jose L. Perea, and James L. Collins, the amount of a loan,
toNew MeI, with interest, by them made to the Legislative Assembly of the Terri-
to be e. tory of New Mexico, negotiated by authority of a joint resolution of that
body, approved on the seventeenth of June, eighteen hundred and fiftly-
one. The payment to be made out of the unexpended fund appropriated
by Congress for legislative expenses in said Territory, and in accordance
with the agreement made when the loan was negotiated.
AppnOVED, July 27, 1854.

Aug. 1,1854. [No 20.) Ji Reson gn


w One Hndredand StWy Acres of Land to Francis
M. Gw n, of Indina
Be it resolved by the Senate and Homse of Reeentatives of the United
Land warrant &at of Amfeica in Conpas asembed, That the Secretary of the Inte-
for 150 am to rior be, and he is hereby directed to issue to Francis M. Gwin, of New
issue to Fran-
cis IL Gwin. Albany, Indiana, a land warrant for one hundred and sixty acres of land,
in consideration of his gallant services in serving daring the Mexican
war whilst he was a minor.
ArPOVsD, August 1, 1854.

HeinOnline -- 10 Stat. 830 1849-1862


THIRTY-THIRD CONGRESS. Snss. L Rus. 21, 22,28. 1854. 881
[No. 31.] Joint Rsoltionftr tie qf JWinA. Brya Aug. 1,1ISM
Be it resoled by . Se ate and Home of weniave of the Usited
&ws of America in (onpgs axusmbe That the Secretary of War be Aco nt or
authorized and required to receive proof of the number of days that ... -_!1
John A. Bryan was engaged in the disharge of the duties of a commis- to aud.
sioner, to make and carry into effect a treaty with the Wyandott Indians, add
being appointed commissioner for the purposes aforesaid, by the Secretary
of War, on the nineteenth of April, eighteen hundred and thirty-six, and
to pay the said Bryan, at the rate of eight dollars per day whilst so en-
gaged, out of any money in the treasury not otherwise appropriated,
deducting therefrom any amount that said Bryan may have heretofore
received for said services.
APMOVZD, August 1, 1854.

[No. 22.] Joint Reodution jbr Mie BWle of Bread Capta J. H. Lwendr* Unitd Aug. 8i1884.
&a Amny.
Be i resolved Ay the Senate and House of R e tes of the
United S&ae of America in Congress asse t That the accounting Acoms ofJ.
officers of the treasury be authorized to settle the accounts of Brevet L endrmn to
Captain J. H. Lendrumn, of the United States Army, and to credit the he tc oeh
said Lendrum with the sum of two thousand nine hundred and seventy certin redt
dollars and fourteen cents, moneys disbursed by said Lendrum out of the
moneys of the Quartermasters' fund, and the sum of three thousand five
hundred and seventy-five dollars and ninety-six cents, moneys disbursed
by said Lendrum out of the moneys belonging to the civil fund of
California, the vouchers for which were lost and destroyed by reason of
the fire in the city of San Francisco on the fourth of May, Anzi Domini,
eighteen hundred and fifty.
Amovzn, August 3, 1854.
[N.2Joint Booketondftutie d Accigojm"r of te Tresuw to Adjust Aug. , ISM4
Acown of Wwan Woo~WI&, kat Pams=o Agent at Portlad, Maine.

Be it resolhvd hg the Senate andHouse of .Reresentatvesof the United


&te of America in (bmress assemed, That the accounting officers wm. Woo-
of the treasury be, and they are hereby, directed, in adjusting the ac-bu. tobeafow-
count of William Woodbury, late Pension Agent at Portland, Maine, to ed n "
mea
place to the credit of the said William Woodbury the entire amount paid wunt.
by him to Mary Hone, the only surviving child and heir of Keziah
Hartshorne, deceased, the same having been paid in conformity with the
directions of the Commissioner of Pensions, as conveyed upon the face
of a certificate of pension issued by said commissioner to said Keziah
Hartshorne on the twentieth day of January, one thousand eight hundred
and forty-nine.
APPROVED, August 8,185&4.

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HeinOnline -- 10 Stat. 832 1849-1862
PRIVATER ACTS OF THE -IRTY-THIRD CONGRESS
O TIMU

UNITED STATES,
Passed at the second session, which was b~gmr and held at the fit of
Wa8hington, in the Districtof (Iolum 4i,on monda, the fourtA day of
December, 1854, and ended on &urday, th thrd day of March 1855.

FaAmnx" PIERoE, President. Jzssn. D. Bmanr, President of the


Senate, pro tempre. LuAs BoYD, S1eaker of the House of Repre-
sentatives.

Ca". . -An A for the Bdif of cob J"L D". 14 185L.


Be it enacted 6y the Senate and House of Beprestatives of the United
tates ofAmerica in Conress assnemb ed, That the Secretary of the Trea- fumdd
$460 to be
Jacob
re
sury cause to be paid to Jacob MeLellan, his heirs or assigns, out of any X LBMac
money in the treasury not otherwise appropriated, the sum of four hun-
dred and flfy dollars, it being part of a penalty imposed upon the ship
George Turner, and paid by the said MeLellan, in December, eighieen.
hundred and fifty-one, for an alleged violation of the laws of the United
States restricting the number of passengers in merchant vessels.
APPROVED, December 14, 1854.

Ca~p. 13 L.- An Act for doe BA 1f of mu M.Bigler, qf Putnm=ComfyA, llidia a. Dec.14, 1854
Be it enacted by the Senate and Home of Representatives of th United ac. S-
&ate of America in Congres assembed,That the Secretary of the In. ja to be placed
terior be, and he hereby is, directed to place the name of Isaac Mt. Sigler, of Onin ro,
Putnam county, Indiana, on the list of invalid pensioners, at the rate of &.p1
eight dollars per month, from the first day of April, eighteen hundred and 1854.
fifty-four.
APPROVED, December 14, 1854.

CwP. IV. -An Act for Me Reti'fofEnwcA S. More. Dec. 15, 1854.
Whereas the rolls of Captain Abrahai Matteson, of the New York militia,
show that Enoch S. More deberted in eighteen hundred and twelve, Preamble as to
and satisfactory evidence has been flied in the hmesi.,n-office, that said error in army.
Enoch S. More) instead of having deseikd, ab shown by said roll, was -thtin
absent on furlough, and sick, at the time aforesoid ; und whereas, on an Mor dese.
investigation of the said evidence, by the Corandisivncr of Pensions, it
was deemed sufficient to grant him an invalid penbion: Now, therefore,
in order to enable him to get a bounty of land tinder the act of Sep-
tember twenty-eighth, eighteen hundred and fifly, and to correct said
roll-
Be it enacted y te Senate and House of Repraentatives of the United P to be ow
&ate of America in 7onaress assembed, That the Commissioner of Pen- reeted.
ions be, and he is hereby, directed to correct the said roll, by erasing the
VOL. X. PRIV. - 105

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884 THIRTY.THIRD CONGRESS. Szso. IL CI. 8,9,11, 12. 1854.
words thereon which imply that the said Enoch S. More deserted, and
insert in lieu thereof the words "sick and absqnt on furlough."
E. S. More to Szc. 2. Ad fi hr enaecd That this act shall vest in the said
laveaUtherightso Enoch S. More all the rights he would have had if he had continued in
he would have
a if he bad good health and served in said company according to the terms of his
served out his enlistment.
enlistment. Aepmov , December 15, 1854.

,Dee. it, 1864. Ozir. VMl. -An Mi/er iii. Relif of.Theme EMlI.
Be it enaced by ie S& a and Hose of Repraextave of th Unite
Thomas
tobe plaeed on S&ata of Amerca in Ob,grew auemb4ed That the Secretary of the
tenbeproll for Interior be, and he is hereby, authorized and required to place the name
life, at $8 e of Thomas Ellis, of Patte county, in the State of Missouri, upon the roll
u1'e, of 'Y eleventh pensioners,
of invalidday of May, at the rate of eight dollars per month, froun the
eighteen hundred and fifty-two, during his life.
Ax-9vzD, December 19, 1864.

Dec. 1,186. CEa. IX.-An At3jr the Re of axwe B.Gmuha and WalirH. w.
a
Be it ema ed by to nte and Nouse of Rqrowntatives of the United
&atee of America in Congre anemnd, That the Postmaster-General
$5,000 to be b, and he is hereby, authorized and directed to pay to James S. Graham
Gmnsnda,and Walter IL Final the sum of three thousand dollars, as compenia-
teriLnnd (or tion in full for the losses sustained by said Graham and Finuall, by rea-
=fort Of sonof the abandonment, by the Postmaster-General, of two contracts made
a pet-of--- eon- by that officer with them, for the transportation of the mail from Wash-
tract, ington to Fredericksburg, and from Fredericksburg to Richmond, which
contracts bear date the third day of December, Anno Domini, eighteen
hundred and forty-seven.
AmPovm, December 21, 1854.

De" 2, 1854. C . XIL-A MAtor ti *f


fad.GerW,. JedZ . WooL
Be it maced by the nate and House of -RepreBentiesof tde Un*d
Db.a.o ates of America in Obngyr asuseeme That the prope_ accounting
toube aowedn officers of the treasury be, and. they are hereby, authoized and required
L&woo, hom to allow to Brigadier-Getieral John E. Wool, Inspector-General of the
July.j to United States army, double rations, from the twenty-flirst of July, eighteen
j..a wo1 hundred and tweny-one, to the third of March, eighteen hundred and
thirty-three, being the same as have been allowed by the War Depart-
ment to other officers of the staff; and when the amount is ascertained,
to pay the same out of any money in the treasury not otherwise appro-
priated.
ArpeoRYZO, December 22, 1854.

Deo. 3,1854. Oirp. lU- n Mi to ce tie Nam:e of th imrca-d Brg ome to that of
Ye obae and tograw Aer a tmw Regit'.
.Rc it nacted hi the Senate and House of Repreeative. of tde Unied
esto Ios-& of Anmca in (ongre asemabd,That the collector of the'cus-
o,,under tw toms of the port of Charleston, in the State of South Carolina, be, and he
name of" Jehos- is hereby, authorized, under the direction of the Secretary of the T3te.
owl sury, to admit to register, under the name and title of the "Jehasee,"
the American-built brig now owned by Hugh E. Vincent and Daniel B.
Vincent, of said Charleston, and known as the "Come."
ApPROV=D, December 22,1854

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THIRTY-THIRD CONGRESS. Szss II. Cn. 18,14,16,17,22. 1854. s5
Cw. X3IL -As Ad sppleunWt to an Ad therein sntioue Dec. 22, 165L
Be it enacted k ta Senate and House of Representative*of to United
&ates of America in Congress assemled, That it shall be the duty of the
Second Auditor of the Treasury, under the provisions of the act of Con- Case of George
gress for the relief of the legal representatives of George Fisher, deceased, ihsher to be re-
twelfth, eighteen hundred and forty-eight, to rx amine d.
approved April
the saidmarked
case, and to allow for
"rejected the the
claimants
want the benefit of the testimony
of authentication," the I
providedhere. ih.s0.
tofore
same is now legally authenticated by the executive of Alabama, the ad-
justment to be made in strict accordance with the act heiun above refer-
red to, and to which this act is barely supplemental.
ArrntOVm, December 22, 1854.

for o - ,, .
at ren House of Secretaryof
pesnaies
R the ofthe Untd
the Trea- to o.
Be it e actd &gte Segress a m That
t of A meic in
a register
to issue wreked the British-built
bto the
MUMnear sue tonthe ter.
District of of Srh
sury be, and
schooner "Sarah," of authorized
hereby is, y tons burden,
be made to appear satisfactorily to
Passamaquoddy- Proded, it shall
that the owners of said schooner have expended upon said
the secretary,
repairs.
vessel three fourths of her value, in
December 22, 1854.
ArruovzD,
Con. X=L -An Actfoworiz dieam r
o Mite of SaueRutfod DMc 27,1864.
to

e ted .
Be it enacted1, Me Senate and Homs of Reprmstaives of of e
th ipeacst,
State ofAmerica inO wres assemMed, That theSecretary ron
of Mary Rutherford, widow of on the
bae instructed to place theofname
Interior invalid pensions, and ito her a
pay ten-
Samuel Rutherford, upon the roll
month, for the period of five years, fm
Ja.
pension, at the rate of four dollars per eighteen hundred and y-four.
commencing on the first day of January,
APPBOVED, December 27, 1854.

Butler. Dec. 27, 1U84


C n . X V-.- A n Act for doRelief of J ao"ws of th U nited Mary R ,
Ho ue a es
B e it enacted y ta S eate a nd assemed That the Secretary of h t plaed
be
States of Amerca in C'ongress Bulfer the pension ,
to place the name of James
Interior be, and he is hereby, directed rate of eight dollars per month,
to
ste monh,
pensions, at the
upon the roll of invalid hundred and fifty-four. .... 1,8-
eighteen
commence on the first day of January,
APPXOV!D, December 27, 1854.

a npt o i n
aI t Cbdp ut e Jan. , 18 8.
CxA. X X IL - A 4t ~ ~muo
rg A
United ree of os-
Be it enacted k the Seate and House of epresen taes of te t
Gas-light oa ek Bu-
That the "Washington
Sates of America in Congress assemed
is, authorized to increase the capital
Company" be, and the same hereby
thousand dollars.
stock thereof one hundred and fifty That the said stock shall be sub-. Subscption
Sic. 2. A i t enacted, now mae.
in shares of twenty dollas and the
scribed on the books of said company
holders of the said increased certificates of stock shal be held subject to
the same liability as is provided in the eleventh section of the original act Liabrot of
of incorporation, approved July eight, eighteen hundred and forty-eight. ---- . --
g--
Apmnovin, January 3, 1855.

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886 THIRTY-THIRD CONGRESS. Sass. IL Cu. 24,26. 1855.
Jan. 8,1 85. Cxo~r. XXIV. -An Actfor Me RdiofofHe==a Qitteen.
Herman - h Be it enacted by the Senate and House of Repreentatives of the United
tendon to be Staes of America in Congress assembled, That the Secretary of the Inte-
plaen rior be, and is hereby, required to place the name of Herman Chittenden
at.. . upon the pension roll, and cause to be paid to him the sum of eight dollars
from March 1, per month so long as he shall live, commencing Muarch first, eighteen
1864. hundred and fifty-four.
APPiOVzD, January 8, 1855.

Jan. 10,1855. Ca"L. XXVL -An Acd to Inorporateto tdtWr R e huawamce Company of th
Dtio of CoWn,.
Be it enacted y the Senate and Houe of Representativesof the United
&ates of America in Congress assembled, That Ulysses Ward, Thomas
Blagden, F. Howard, J.C. MoKelden, John Van Reswick, P. W. Brown-
ing, and Matthew G. Emery, and their present and future associates, are
hereby declared to be a body politic and corporate under the name and
coporate name. style of the "Mutual Fire Insurance Company of the District of Co-
lumbia;" and by the same name shall have perpetual succession; and
shall be able to sue and be sued, plead and be impleaded, in all courts of
General Powers. law and equity in the District of Columbia and elsewhere; and to make
and to have a common seal, and the same to break, alter, and renew at
pleasure; to ordain and establish such by-laws, ordinances, and regula-
tions, and generally to do such acts and things as are or maybe necessary
to carry into effect this act and promote the objects and designs of this
corporation.
Purpose of the Sac. 2. And be itfurtherr enacted,That the purposes and designs of
emrativon, this corporation shall be to insure the respective dwelling-houses and
other buildings, furniture, and every description of property of the mem-
bers thereof, against loss or damage by fire.
Capital stock. Sac. 8. And be itfurther enacted, That the capital stock of this com-
pany shall consist of the premium notes given by the insured, and of the
Notes to be on cash paid in as interest on said premium notes, which cash shall never
demand and to exceed twenty thousand dollars. Said notes shall be payable on demand,
be a lien, and shall constitute and be a lien to the amount thereof, respectively,
upon all buildings insured by said company, and the land upon which
they stand, and the appurtenances to such land, and upon the estate and
interest, legal er equitable, of the assured in such buildings, lands, and
appurtenances, and upon the other property insured by said company in
How such lien consideration thereof: Provided, That said company shall file in the
is to be egectua-office of the clerk of the circuit court of the District of Columbia a
ted. memorandum of the name of the individual insured, a description of the
property, and the amount of the premium note unpaid; and the said note,
upon the filing of said memorandum, .ahall be deemed and taken to be in
all respects as a judgment entered upon confession by virtue of a warrant
of attorney, and execution may at any time be had thereon for so much
as by virtue of the provisions of this act may be due and demeanable;
but the lien thereof shall commence with the filing of the memorandum
in the said office: Provided,That such lien shall not be construed to take
from such person insured as aforesaid the privilege of a freeholder: Pro-
vided,furhr, That the privileges, immunities, and franchises granted by
this act shall be confined to the District of Columbia.
An insured to SEC. 4. And be iturther enacted, That all persons who shall hereafter
be members. insure with said corporation, and also their heirs, executors, administra-
tors, and assigns, continuing to be insured by said corporation, shall thereby
become members thereof during the period they shall remain insured by
said corporation, and no lopger.
Withdrawal of Szc. 5. And be itfurther enacted,That any member of the said cor-
insured. poration shall have full power to withdraw therefrom at any time by

HeinOnline -- 10 Stat. 836 1849-1862


THIRTY-THmRD CONGRESS. Szss. IL Cu. 26. 1855. 837
applying to the proper officer thereof and paying any arrearages of assess-
ments that he may
such insurance 9r.insurances as company,
then owe the may be inwhen the said
the name of ofcer aI or
the person cancel
per-
sons person
said is responsible,
so withdrawing; and also returnsuch
andcancel of money
amount note
anypremium which
or notes may
for whch
be debarred
due said person on claim
from all of company
on this
the books the company; andlosssuch
for any by
damageshall
or person
fire, subsequent to the time of such withdawal and the cancelling such
insurance: Pvid That such premium note or notes shall not be can- Proviso.
celled and manner
or in anyoall discharged to up
or given be until all such
thereafter arrcarages
made are
on account
paid, assessments thereupon

of liabilities of the company incurred before or at the time of such.with-


drawal.
SEC. 6. Aid be itfirther enacted, That the affairs of said corporation
shall be conducted by a board consisting of seven managers, to be elected Board ofn, ma
at the annual meetings of the members, and to continue in office until -a'-*
successors are chosen; not less than a majority of whom shall be a quo-
rum to do business, but a lesi number may adjourn from time to time.
Vacancies happening in said board may be filled by the zemaining man-
agers for the remainder of the year for which they were elected. The
board shall choose one of their number as president, and appoint a secre-
tary and treasurer, and such other officers as may be necessary for con-
ducting the affairs of said corporation.
Szc. 7. And be itJrtherenacted, That the persons named in this act Corpoators to
be, and they are hereby, appointed a board of managers of the said mu- betbeintboav&
tual insurance company, until the first annual meeting, and until their
successors are chosen, as herein provided; and such of them as shall be
present at their first meeting may proceed to organize, by electing a pres- President and
ident and secretary thereof, and as soon thereafter as practicable, adopt 500retr7.
by-laws, provide the necessary books, and otherwise prepare the company
for the transaction of business, and, when so prepared, to exercise a
general superintendence of the affairs of the company: Provided That
the said by-laws shall only be made by the concurrent vote of at least By-laws
two thirds of the whole board of managers, exchive of the president;
and any alteration or amendment shall only be made by a general meet-
ing of the members of the company7 at any annual meeting, and two thirds
of the votes shall decide; and any alteratioh thus made, shall be binding
on al the members of the company.
" theSuc. 8.
rates ofAndan ifu r enacted; That the managers may determine Powerofmn-
insurance, the sum to be insured, and the rote of interest to agerO
be paid upon the deposit notes, provided it shall not exceed six per cen- Lmitmg on on
turn per annum; but no more than five thousand dollars shall be insured -ount of poi-
on any one risk, unless the premium notes shall amount to over one
hundred thousand dollars, and in that case no risk to exceed five per cen-
turn on the whole amount of premium notes.
SEC. 9. And be itfurtaer enacted, That every person who shall become
a member of said corporation by effecting insui'ance therein, shall before
lic receives a policy, deposit his promissory note for such sum and upon Preniumnoteq.
such interest, not exceeding six per centum per annum, as may be deter-
mined by the managers ; and said note, and all interest paid thereon,
,hall be liable, in part or the whole, at any time, when the managers
shall deem the same-requisite for the payment of losses and such incidental
expenses as may be necessary for transacting the business of said com-
pany, in proportion to the amount of said notes.
SEc. 10. And be itfurter enacted, That suits may be comenced by suits for loses.
any member against this corporation for damages sustained by fire, if
payment is withheld for more than sixty days after the company are duly
notified of the same; and no member of this corporation, not being in his Members tom-
individual capacity a party to such suit, shall be incompetent as a witness neses.
in such suit on account of his being a member of said company.

HeinOnline -- 10 Stat. 837 1849-1862


888 THIRTY-THIRD CONGRESS. 8ss. IL Ci. 26, 27. 1855.
Assessments on Szo. 11. And be itfuther enacted, That whenever the managers shall
notes. deem it necessary, for the purpose of paying losses, or the current
expenses of said company, or both, to call for the payment of any portion
of the principal of the deposit notes, they shall settle and determine the
sum to be paid by the several members of said company, which shall
always be in proportion to the original amount of the respective deposit
notes, and shall give each of said members notice thereof, in such manner
as the by~aws shall have prescribed ; and if any member shall, for the
space of thirty days after receiving such notice, refilser neglect to pay
the sum assessed upon him, in such case the managers may proceed to
collect the whole amount of such deposit note, with all costs accruing
thereon; and the amount thus collected shall remain in the treasury of
the company, subject to the same liabilities as said note or notes would
have been liable to.
Stocklders' Sue. 12. And he itfwrtlh enated That the general meetings of this
meetings, company shall be held annually, the time and place to be determined by
the managers; also, it shall be the duty of the president to cala meeting
of the company whenever requested to do so by twenty of its members.
Electionod The elen of of magers shall be held at the annual meetings, and be by
nInaers ballot, each member having one vote for each risk held by him. It shall
also be the'dnty of the managers of said corporation to cause to be pub-
Annual publ- lished annually, in a newspaper published in the city of Washington, the
cat on of y amount of the premium notes and cash on hand, and securities held by
othem, and the amount of losses, if any, during the previous year, and such
other matters relating to the business of said company, as they may think
proper; said publication to be at least two weeks previous to the annual
meeting of the members of the company; and of said meetings notice
shall be given in two newspapers published in the city of Washington, at
least two weeks previous'thereto.
Banking privi- Suo. 18. And be itfurther enacted, That nothing in this act shall be
e not grant- construed to grant banking privileges, or the right to issue any note in
the nature of a bank-note, or to circulate as money or currency. It shall,
the revenue of however,
OfEmployment v-- be lawful
" for "said company to employ and improve all moneys
the ompany. received by them, and the profits thereof, in.such manner as the managers
.he.c.n "deem best for the interest of the company, except as above prohibited,
Real estate to and except in the purchase of real estate. And all real estate purchased
cescheattmeer by said company
_et for the purposes of collecting or securing debts, shall
to the government of the United States, unless the same shall
have been sold and disposed of, and passed londfide from the possession
and ownership of said corporation, within three years next succeeding such
purchase: Provided,Said company may hold property that may be abso-
lutely necessary for the transaction of their corporate business.
When sot to Szc. 14. And be itfurther enacted, That this act shall be in full force
take effect. and effect from its passage.
Act may be Seo. 15. And be itfurther enacted, That Congress reserves to itself the
amended. right to change, alter, repeal, or annul this act, or any part thereof, at
their pleasure.
eme tbe Szc. 16. And be it further enacted, That the members of said corpora-
person. tion shall each be liable, in his or her individual capacity, for all debts
created by said corporation in favor of persons not members thereof.
ArPRovim, January 10, 1865.

Jan. 12, 1855. CHn'. 3X-IL -An Adatr


aTawvi t1.eIjaB
Mle aque AbsqA Vasques, androhn CW,*N
a'vsof Antoine
to ente eertax .aud in io.
Hypo.
Bor
!nttImnV:es Be it enacted bythe snate adHm fRlwt vso sUie
queso Aof i n C re'O
iner ss assembled,That the legal repremtaives of
.nthod e- Antoine Vasquez, Hypolite Vasquez, Joseph Vasquez, and John Col-
tertain land ligan, be, and they are hereby, authorized to enter, without payment, at

HeinOnline -- 10 Stat. 838 1849-1862


THIRTY-THIRD CONGRESS. Szss. 1I. CH. 28, 29, 80. 1855. 889
any land-office in the State of Missouri, in suh quantities, agreeably tof inlieu Mlssen in
of anothe
the United States surveys, as the claimants may desire, a quantity of -laim

land subject to private entry, not exceeding eight-hundred arpens for


each of the three persons first above named, and twelve hundred arpens
for said Colligan, in lieu o, and in compensation for, a claim of that
quantity allowed to them by the board of commissioners appointed for
the final adjstment of private land claims in the State of Missouri, and
to-them
confirmed an&
Missouri, by "anpurposes,"
for other act confirming claims
approved to fourth,
July the Statehun-
land ineighteen of
dred and thirty-six; and the register or registers of the lad-offices afore-
said shall receive the proper applcations propp d shall issue the
necessary certificate or certificates, on return of which to the General
Land-Office, with proofs sufficient, in the opinion of the Secretary of the
Interior, to establish the right of the claimants as such legal representa-
tives, a patent or patents shall issue, as in other cases. Paent to Isse
AnpOEvD, January 12, 1855.

Ox". XXVIIL - An Act/or 6Ue Redief of tdo Heirs and Raprsestaisof U"* Jan. 1155
PrewiU, diceasd.
Be it enawied by the State and .ouse of Representatives of the United
&atee of Atnerice, ins Cosigre. aseembed, That the heirs and legal repre- Ek, n
sentatives of Uriah Prewitt, deceased, be, and they are authorized to u- --- o
locate on any unappropriated public lands in the State of Louisiana, the autborized to lo-
se
quantity of four hundred and twenty-four acres; and on obtaining a prop- i m Imi
er certificate of such location, from the local land-office, under the instruc-
tions of the Commissioner of the General Land-Office, a patent shall Patent to Isme.
issue to them.
APPRovzD, Jannary 12, 1855.

Cnxt. XXIX-An Act/or the Relifoft th eis udZegaBepraetaivaef.Wim an Is, 1858


Weeb.
Be it maed 6y te Senate and Home of Repreentaivee of t Uited
&ate of A erioa in Congree aeemed,That the heirs and legal repre-
sentatives of William Weeks be, and they are hereby, confirmed in their
claim to a tract of land, containing two thousand and thirty arpens, situ- Land 0101
ated in the parish of West Feliciana, State of Louisiana, being the same h ropr,
granted to said William Weeks, by an order of survey of " Grand Pro, sentativesof'i-
then governor of West Florida on the thirty-first day of May, one th ou- imS) Wseka
sand eight hundred and six, according to tAe survey made by Ira C.
Kneeland, deputy-surveyor, under commission from said governor, on the
twenty-second day of September, one thousand eight hundred and six, of
record in the office of the register of the land-office at Greensburg, Louisi- -
ana, and a patent shall issue therefor: Provided,That this act shall be
held and taken only as a relinquishment on the part of the United States.
APPROVED, January 12, 1855.

Cz". XXX.-An Ac tfo RU cPueorfIine


of B. St, ckn. Jan. 12, 1s.
Be it enacted t e Snate and Hoe of epresena'ves of ahe United
States of .Amer'a in Congress a embed That the proper accounting
officers of the treasury be, and they are hereby, authorized and directed
to pay to Francis B. Stockton, a purser in the United States navy, out F. B.Stockt
of any money in the treasury not otherwise appropriated, the sum of tO be pid 7r
sixty-seven dollars and fifty-seven cents, being the amount of loss claims. O$
sustained by him by reason of making his deposits of public money in

HeinOnline -- 10 Stat. 839 1849-1862


840 THIRTY-THIRD CONGRESS. Sass. II. Cr. 81, 82, 88,84. 1855.
the Phcnix Bank, Charlestown, Masachusetts: Provided, That the
said sum shall be received in full of all demands against the government
on this account.
AraRovun, January 12, 1855.

Jan. U, 185. CH"r. XXXI. -An Act for the -Rdiefof C. R. Grwaow.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congressassembed,That the Secretary of the Trea-
sury be, and he hereby is, authorized to examine into 'the claim of the
Settlement of United States against C. E. Greneaux, one of the sureties of Benoist
claim on (. B. Laurents, late a receiver of public moneys at the land-office at Natchi-
Grmeaux. toches, in Louisiana, and the circumstances of said Greneaux, and to
settle and discharge said claim upon such terms as he shall judge most
for the.interest of the United States, the same relief having been allowed
in behalf of his co-sureties, by an act entitled "An Act for the relief of
184r, ch. 1=. the estates of Benjamin Metoyer and Frangois'Gariennie, deceased,"
passed March third, eighteen hundred and forty-seven.
APPRovED, January 12, 1855.

Jan. n,1856. Ca"r. XXXIL -An Act for the Reliefof Mirs. Aim W. Angus.
Be it enacted by a Senate and House of Representatives of the United
Sates of America in Congress assembled, That the Secretary of the
PoeSLon of Amn Interior be,.and he is hereby, directed to continue to Ann W. Angus, for
W. Angus on- a further term of five years from the fourth of Mareh one thousand eight
tnued for ave hundred and fifty-four, the pension heretofore paid her, and which ex-
yea. pired on the fourth of March, one thousand eight hundred and fifty-four,
Proviso as aforesaid: Provided,That nothing herein shall be construed to entitle
her to a greater amount than half the pay of her said husband in any
one year.
APrrtovED, January 12, 1855.

Jan. 12, 1s. Cui"r. XXXIII. -An Act for the Rdliefof Thomas B. Parsons.
Be it enacted by te Senate and House of Representatives of the United
State of America in Congress assembled, That the proper accounting
officers of the treasury be, and they are hereby, directed to pay, out of
ThomaB.Par- any money in the treasury not otherwise appropriated, to Thomas B.
Sof to. b*Psid Parsons, who was disabled while in the naval service of the United States,
for e in the successful effort to save the lives of seven persons, the sum 6f three
dollars per month from the first day of September, eighteen hundred and
eight, to the first day of June, eighteen hundred and thirty-five, the same
being the difference between the rate of pension of a seaman and that of
a coxswain, which grade he filled at the time of the injury.
APRrovzD, January 12, 1855.

Jan. 12,1865. C . XXXIV.- An Ad for the iefof Thoms Butler.


Be it enacted y tMe Seate and Rouse of Representatives of the United
Stae of America in Congress assemled, That the Secretary of the Trea-
sury be, and he is hereby, directed to pay, ou. of any moneys in the
ThomaButler treasury not otherwise appropriated, to Thomas Butler, of the city of
tOO $- New York, the sum of two thousand nine hundred and twenty-two dol-
.extr
work. lars, being the cost of extra work performed and materials furnished in
the construction of a light-house on Execution Rocks, in Long Island
Sound, by order of the engineer in charge, and not within the terms of a

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THIRTY-THIRD CONGRESS. SBss. IL C. 85, 86, 87. 1885. 841
contract executed by said Thomas Butler for the construction of said
light-house, on the fourth day of August, eighteen hundred and forty-
seven.
APPOVED, January 12, 1855.

Ca". XXXV. -An Ac*jb tke Eenofi of Chrs I7Porc.law, Aming Purse ofte a. , 1856.

Be it enacted by the Snat and Housme of RV 'sent6te


of the United
States of America in Congress asemned, That the proper accounting
officer be, and he is hereby, authorized and directed to pay to Charles ,Payment to
J. Porcher, out of any money in the treasury not otherwise appropriated, Poer. for ser-
the amount properly payable to a purser of the rank assigned to a sloop- viem as Purser.
of-war, for his services as acting purser of the United States sloop-of-war
Falmouth, whilst on service in the Pacific Ocean, from the date ofthe death
of Purser William B. Hartwell until the appointment of John Y. Mason,
junior, in his stead, to wit, from the twelfth day of July, eighteen hun-
dred and forty-nine to the fourteenth day of March, eighteen hundred and
ity, deducting therefrom the amount paid to the said Porcher for the
same period as commander's clerk.
APPROVD, January 12, 1855.

CH"r. XXXVL -An Afor ieRIf f Wliam Dow. i. , 185."


Bec it enacted 4~thee Senate and House of .Repreeentatives of Mie Un1 ited
&tates of America in Congress assembed, That the Secretary of State be,
and he is hereby, directed to audit, settle, and adjust an account of the Acmount uof
necessary expenses incurred by William Duer, while consul of the United besetd. to
States at the port of Valparaiso, in Chili, during the year eighteen hun.
dred and fift-two, in the support and defence of William N. Stuart, an
American citizen, arrested and arraigned before the courts of Chili upon
a charge of murder, and for the transportation of said Stuart to the United
States after his release, together with an equitable advance upon the
amount thus ascertained, for the use of the money during the interval,
and pay the same to said William Duer, his heirs or assigns, out of any
money in the treasury not otherwise appropriated.
Apmp =Oy,
January 12, 1855.

CAP. XXXVIL -An Adfor t w of Cousieo


. isa. Ii, 1861.
Be it enacted Ay thke Senate and House of ReprepentWives of t&.Unaited
States of America in Congress assembled, That Francois Cousin be, and .rano* op.
he is hereby, confirmed in his title to all those parts of sections twenty, s certain lan
twenty-one, twenty-two, twenty-three, twenty-four, twenty-five, twenty- titleinLouian
six, twenty-seven, twenty-eight, twenty-nine, thirty-five, and thirty.sir, in
township eight south, range twelve east, which are included within the
limits of the original claim of the said Francois Cousin, filed before the
commissioner to adjust private land claims in Louisiana; also, all that
parcel of land described as section forty, in township eight south, of range
twelve east, and section thirty-seven, in township eight south, of range
thirteen east, all being in the parish of St. Tammany, and State of
Louisiana.
Sze. 2. And 24 it fure enacted; That the Commissioner of the
General Land-Office shall issue a patent or patents to the said Francois pateattoLs.
Cousin for the lands above confirmed.
Arisovxp, January 12, 1855.
VOL. X. l)MV. - 106

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842 rHIBTY-THIRD CONGRESS. Sus.II. C& 88, 89, 40. 1855.
Jan I%,185. ClAP.=
XXVI-An Actforoftge Relief of tme Lesnd Rprewatatiieaof Jame raxi,
Arkwass, and othi
Be it enacted br tdo Senate and Howse of Bepresentatives of tae United
States of Anerica in Congress aweve Thai the Secretary of War be,
Payment tore- and is hereby, directed to investigate, audit, allow, and pay, out of any
Fesen v. Of money in the treasury not otherwise appropriated, to the legal represen-
loss. E or tatives of James Erwin, of Arkansas, a fair and full renumeration for the
actual losses he sustained in consequence of a contract he made with the
United States in September, eighteen hundred and thirty-four, to supply
provisions and transportation for the use of the Creek Indians e ed
to emigrate from the eastern to the western aide of the Mississippi River,
but wh9 did not emigrate.
Se. .2. -And be it further enacted, That the Secretary of War be,
Payment to and he is hereby, directed to investigate, audit, allow, and pay, out of any
3REnta of money in the treasury not otherwise appropriated, to the legal represen-
=Tvfe
Daniel et, tatives of James Erwin, and to the heirs or legal representatives of Dan-
house. iel Greathouse, deceased, a full and fair renumeration for the astual
losses sustained in consequence of a contract made by said Erwin and
said Daniel Greathouse, in his lifetime, and the United States, in De-
eember, eighteen hundred and thirty-five, to supply provisions and trans-
portation for the use of the Seminole Indians expected to emigrate from
the eastern to the western side of the Mississippi River, but who failed
Proviso. to emigrate: Pirovided That in estimatling the loss in either case, the
Secretary of War shall first asqertain the actual cost of delivering the
several articles named in the contract at the places appointed for their
delivery, and then what they could have been sold for at auction or other-
wise, in the bands of a prudent agent, and the difference, if a, shall
be considered the sum actually lost.
AnPRovz, January 12, 1855.

Jan. 1 1856. CHAP. XXXIX. -An A for tke Rdif of a Cbocc, and On.
Be it-enacted 11 tMe Senate and House of BRrswnttives of tae United
States of America in Congress assembled, That the sum of nineteen hun-
dred and ninety-two dollars and sixty-wo cents be, and the same is
hereby, appropriated, out of any money in the treasury not otherwise
Payment to appropriated, to be paid to Susan Coody and others, of the Cherokee
oter an tribe of Indians, for property destroyed near Fort Gibson, by United
prope__y States soldiers, on the twelfth of March, eighteen hundred and forty-
.4 by United five, in' the proportion and sums respectively due them according to
se troops. the report of the Committee of Indian Affairs of the Senate of date June
To ben fulf twenty-four, eighteen hundred and fifty: Provided; That the same shall
of all claims, be received in full of all demands against the government on this account.
AePovzD, January 12, 1855.

Jan. 1855. CzA. XL.-An Adjr the, fof ke meetaivwq ThonsD. Andmrson,
deesed, late ofte United Stat, at olil. I
Be it enated by the Senate and House of Bepresentatives of tae United
Sate of America in Congress assembed, That the proper accounting
Settlement of officers of the treasury be, and they hereby are, directed to settle an
the aeounts Of account with the proper personal representatives of Thomas D. Ander-
derons. son, deceased, late consul of the United States, at Tripoli, for contingent
expenditures of said consulate, from the thirty-first December, in the year
eighteen hundred and twenty-one, up to the period when he ceased acting
as such cosul; and in full for all claims for such expenditures and other
demands arising out of said consulate, after said thirty-first December,
eighteen hundred and twenty-one, to allow them at the rate of seven hun-

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THIRTY-THIRD CONGRESS. Sss. 1. CB 41, 42, 48,44. 1855. 843
dred and fiftydollars per annum during the said-period, which sum shall
be paid to said personal representative& out of any money in the treasury
not otherwise appropriated.
APPRovEv, January 12, 1855.

COu. XLL - Act for the B&e of h AdUIaavr ofTomas Wshr. Jan. 1, 185.
Be it nteed k tke &nate and House of .epresentative of the Unitd
States f America in (ongress aembe That the' Secretary of the
Treasury be, and he is hereby, required to pay, out of any money in the Paymeattore-
treasury not otherwise appropriated, to the legal representative or repre- tVma
sentatives of'Thomas Wishart, late a lieutenant in the continental line of
the army of the United States in the war of the Revolution, five years'
full pay of a lieutenant of infantry.
APmRovzD, January 18, 185.

Ciw. X LIL-An Ad./or dmnitym)Vdg M s D. Hrogan, for Catte desroe by th Jan. 1s, 8s55.

Be it enactd by the Senate and House of Bepresentative of the United


Sates of America in Congress assema/ed That the Seceetary of the
Treasury be, and he is hereby, authorized and directed to, pay to Moses
D. Hogan, or to his legal representatives, the sum of five hundred dol- to $Moesetobe V.-.d
lars out of any money in the treasury not otherwise appropriated, in full gan in fall of
satisfaction of his claim against the United States, for cattle taken or de- claim fhr cattle
stroyed, in the year one thousand eight hundred and forty-two, by a band taken o destroy-
of Indians, supposed to be a portion of the Sioux, while the said Hogan ed.
was conveying said cattle to a post of the United States, at or near Fort
Sneling, in pursuance of a contract entered into by Amos J. Bruce, sub-
agent on the part of the United States for the Sioux Indians.
APPROVE.D, January 18, 1855.

Cx". XLHL-An Act for the Ret aeLegdBepwenltdvesof~dr.d


Colne ionsa.1,
1855.

Be it enacted by the Senate and HousepofRepresentatives of tMe United


&aesof America in Congress assembled, That the Secretary of the Trea-
sury is hereby authorized and required to pay, out of any money in the Paymenttore.
treasury
John H. not otherwise
Stone, appropriated,
the half-.pay to the legal representatives of Colonel
of a colonel in the continental line of the
-reentatva
e of
army Stn°° onu
of the United States; the said half-pay to commence on the first day of
August, seventeen hundred and seventy-nine, and to terminate on the
fifth day of October, eighteen hundred and four, the day of his death.
The same being then due and unpaid to the said Colonel John H. Stone,
in virtue of the resolution of Congress of the twenty-sixth of August,
seventeen hundred and seventy-six, which engaged tc allow half-pay for
life to such officers and soldiers as should lose a limb in any enga.gement,
or be so disabled in the service of the United States of America as to
render them incapa-ble afterwbrd of getting a livelihood, the said pay to
commence from and after the time that their pay as an officer or soldier
ceased.
ArrtovuD, January 18, 1855.

Cw. XLIY.-An Act/or the BeeofDavid B. Sears. Jan. U, 1855.


.Be it enacte by th Senate and House of Representative o/the United
States of America in Congr'ess assmbled; That David B. Sears be, on and Dasvid . Seare
lhe is eroby, authorized to enter the fractional quarter sections of laud on ter certain toland.
autozed eth-

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844 THIRTY-THIRD CONGRESS. Sss. IL C& 45, 46,47. 1854.
RockIsland, in the Mississippi River and State of Illnois, necessary to
secure to him the full and complete use of the water-power as now
improved and used by him on the north side of said island; they being
the east half of the southwest fractional quarter of fractional section
twenty-nine, containing twenty-eight acres and ten hundredths, the south-
east fractional quarter of the same fractional section, containing four
acres and nine hundredths, and the northeast fiactional quarter of frac-
tional section thirty-tw6, containing three acres and twenty-six hun-
dredths, all of which are situated in township eighteen north of the base
line, range one west of the fourth principal meridian, upon his paying to
the receiver of public moneys at Dixon, the minimum price of one dollar
and twenty-five cents per acre for the same, upon which a final certificate
and patent shall issue as in other cases.
A&PRovzn, January 24, 1855.

Jan. 9,1815. Cn*L.XLV. -AsActtoauthorize e wrteqf the Zweaa to ieismeaRpia to the


Barqns fMrtha.
Be it enacted by the Senate and House of BR resentative. of te United
S4. of America in Congress asemb4d, That there be issued, under the
Reg' to Is- direction of the Secretary of the Treasury; a register for the barque
due - "Martha," of Charleston, in the State of South Carolina, formerly a Brit-
nan Of the ish vessel, called the "Aquatic," but now owned by John W. Caldwell, a
mar". citizen of the State of South Carolina, the said vessel having been brought
into the port of Charleston in a disabled condition, and condemned as
unseaworthy and sold, and which ho caused to be repaired and refitted
PWVo. for sea: rovided, It shall be proved to the satisfaction of the Secretary
of the Treasury that the cost of the repairs made in the United States,
after the purchase of the said vessel by the present owner, exceeds three
fourths of the original cost of building a vessel of the same tonnage in the
United States.
APPRov-D, January 25, 1855.

* of Boston."
Be ii enacted b the Senate and Hose of Representatives of th Umed
aS of America in Congro assemUed, That the Secretary of the Trea-
$en! to - sury be, and is hereby, authorized and directed to admit to register "the
HS. 0the 1,0nd barque Foundling, of Boston," she having been picked up at sea with no
one on board and brought into the port of Boston, libelled and sold at
auction by the United States marshal, and purchased by William C. Fay,
of Boston, her present owner, and put in perfect repair by him.
A"RnovID, January 25, 1855.

Ja. as,
2s. On". XLVIL- An Act for th Bai a Chid
_di of
Dea&. and Hdr of Major-Gensma
Be it enacted by the Senate and House of R wpesenta'se of the United
State of Ameia in Congress assembe4 That in consideration of the
claims, services, and sacrifices of the late Major-General Baron DeKalb, in
the war of the Revolution, the Secretary of the Treasury be, and he is
$60,099-78 to hereby, authorized and directed to pay to the children and heirs of Baron
n~ heC s o DeXalb, named in the petition, the sum of sixty-six thousand and ninety-
en. Dexab. nine dollars and seventy-six cents, out of any money in the treasury not
otherwise appropriated.
APPzowvE, January 25, 1855.

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THIRTY-THIRD CONGRESS. Szss.IL Ca. 48,49,50,51,52. 1855. 845
CEAp. XLVU.-AaAd foattM eZjef of SyWlvest k ~q aad eHrs of jran 25, 1855
Aimde Huzipzaq, deceased.
Be it enacted bg the Snate and Home of 1presentatiesof the United
Mate of America in Congress assembled, That the Secretary of the
Treasury be, and he is hereby, authorized and directed to pay to Syl. $,0 to be
vester Humphrey and the heirs of Alexander Humphrey, deceased, the at rm-riy
sum of twenty-five hundred dollars- one moiety thereof to Sylvester helmof exan-
Humphrey, and the other moiety to the heirs of Alexander Humphrey, der Humphrey.
deeased -for rebuilding the wharf at Staten Island after it had been
destroyed by the storm of the third of September, eighteen hundred and
twenty-one.
APROVED, January 25, 1855.

On". XLaL -As Adfobr& RdiefofrJosph WeM. Jan 81, 186.


Be it enacted by the Smate and House "fRepresentatves of as United
States ofAmerica in Congress assembkd, That the pension ofJoseph Webb Pension of Jo.
be increased so that he shall be entitled to receive, from and after the seph Webb In-
first day of January, eighteen hundred and fifty-two, the sum of eight mn-hfor 1
dollars per month, during his natural life, in lieu of the pension which
he now receives under the act of the twenty-fifth June, eighteen hundred 184, oh. T0.
and fifty-four [thirty-four.'
APPROVED, January 81, 1855.

Ow". L - An Ad to Repeal an Actfor th do~ of th LealRpsutieso Jan. 81,1855

Samue Priosa&, decease.


Be it enacted by the Senate and House of Represenatives of the United
&ates of America in Cbngrs assembed, That the act entitled "An Act of 1864, ob.
act for the relief of the legal representatives of Samuel Priolea, 18, for reief of
deeeased," approved July twenty-seventh, eighteen hundred and fifty- r& ueat
,
four, be, and the same is hereby repealed. repealed.
APPROVED, January 81, 1855.

Ca". LL -An Ac for the Biefof&ina Ra


' n. Jan. 81,1855.
Be it enacted by the Seate and House of Representatives of tae Unted zebina awmo
States of America in Congress assemNled, That the Secretary of the Into. to be placed on
rior be instructed to place the name of Zebina Rawson upon the pension en-t $8 pr
roll, and to pay him eight dollars per month, from March the first, eih-month, from
teen hundred and fifty-two, during his natural life. 22
1,15e1.
APPROVED, January 81, 1855.

Ca. LIL - An Aes for the Reief of Jame; Wright, Jr, of the State of Tjmu& Jan. 81,186L
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That the pension of James Pendon of
Wright, jr., of the State of Tennessee, be increased from five dollars and Jr., WIncset
thirty-three cents to eight dollars per month, from the first day of May, i per month for
in the year eighteen hundred and fifty-four; and that the Secretary of 1N from May I,
the Interior be directed to cause him to [be] paid the pension of eight
dollars per month, from said first day of May, in the year eighteen hun-
dred and fifty-four, during his life, instead and in lieu of his pension of
five dollars and thirty-three cents per month, heretofore paid him.
APPROVED, January 81, 1855.

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846 THIRTY-THIRD CONGRESS. Sies. IL Oz. 58, 54, 56, 57. 1855.
Jan. 81,18". Ow. LIII.-An Act for the Reef of Wialam Ranins.
Be it enacted iy the Senate and Hose of Bepresentatives of the United
tates of America in Congress assem That the Secretary of War be,
Wiliam
o
Han-. and, he is hereby, authorized to pay to William Hankins, the sum of two
kins be rdhundred
.t and forty-four dollars and eighty cents; which sum is to be
a on- received in full discharge of all claim against the United States growing
tract. out of a contract made on the fifteenth of August, one thousand eight
hundred and tbirty-five, for the delivery of wood at Fort Johnson, in the
State of North Carolina.
APPRovzD,January 81, 1855.

Jan. al, 185. OCw. LIV.- A# At to autheria thes of a Ae to tMe B"aqe Cbiko, IVt
namne of"c TAe LJ4. *
Reg~ter h. Be it enacted by the Senate and House of Representatives of the United
se toeol- Stes of America in Cam assembled, That there be issued, under the
n0 under the direction of the Secretary of the Treasury, a register to the British brig
name of the M. Colonist, by the name of The Lily, now owned by Christian F. Funch,
of the city of New York, in the State of New York: Protid, It shall
be proved to the satisfaction of said Secretary that the cost of the repairs
made in the United States, after the purchase of the said vessel by the
present owner, is equal to three fourths of the value of said vessel at the
time of said repairs.
APPRovED, January 81, 1855.

Feb. 6,15. Ow. LVI.-An Act to chaeyq do Names olfa. A~n*an.&al ved ".7 R Relate,
and 1 nK=Wn Pierce"
Be it enacted 4 the Senate and House of ?prosentivesof the United
etBer to fo-Sates of America in Congres assemed, -That the Secretary of the
eHolmesunder Treasury be, and he is hereby, authorized to grant a register to the schooner
name of The "J. H. Holmes;' an American-built vessel, now owned by Henry Gerdtz
Effor. and Carston Nohrden, citizens of Charleston, in the State of South
Carolina, and that the name of the said schooner be changed to that of
"Efforg"
te SiE. 2. And be it farther enacted,That the Secretary of the Treasury
the be, and he is hereby, authorized to grant a register to the steamer "Frank-
eguto
Frkiu Piere lin Pier an American-built vessel, now owned by L. T. Murdock
under the name and W. W. Witherbury, citizens of the city of Cincinnati, in the State
of The Texan& of Ohio, and that the name of the said boat be changed to that of
"Texana."
ApzovW, February 6, 1855.

Feb.$, 1555 On". LVYII. -An Adt to IncWprdteSt., os' Male Orphen Asydum; in Gte DAstic

Be it enacted k1 the
Senate and Howe of Represenataives of the United
o tates
. of America in Ogress assembed, That Thomas Carbery, James
porato S. Harvey, Thomas Feran, Gregory nnisNicholas Calln, Hugh B.
Sweenly, John Carroll Brent, Richard H. Clark, and William H. Ward,
and their sucessors, be and they are hereby made a body politie and
o corporate forever, by the name of the trustees of St. Joseph's Male Orphan
name. Asylum, for purposes of charity and education, and by that name may sue
and be sued, prosecute and defend; may have and use a common seal,
and the same alter and renew at pleasure; may adopt and establish rules,
General pow- regulations, and by-laws, not repugnant to the Constitution and laws of
er and Purpom. the United States, for properly conducting the affairs of said corporation

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T:I-Im r-TfIRD CONGRESS. SZs. IL C 58,59. 60. 1855. 847
may take, receive, purcbase, and hold estate, real, persona, and mixed,
not exceeding in value one hundred thousand dollars at any one time,
and may manage and dispose of the same at pleasure, and apply the same,
or the proceeds of the sales thereo4 to the uses and purposes of the said
corporation, according to the rules and regulations vhich now are or may
hereafter be established.
Suo. 2. Ad 6s ifut e enavId That Congress may at any time Th at my
hereafter alter, amend, or repeal the foregoing act. be amended, S.
Sze. . And be it fa rter macto,.That nothing in this act shall be so
construed as to authorize the said corporation to issue any note, token, ea not gi-n
device, scrip, or other evidence of debt, to be used as a currency.
Sze. 4. And be it furtitr enated,That each of the trustees in the
said corporation shall be held liable in his or her individual
- capacity
. . for t
. all forTruees
debts. able
or
the debts and liabilities of the said company, however contracted
incurred, to be recovered by suit, as other debts or liabilities, before any
court of competent jurisdiction.
AppEOYZD, February 6, 1855.

Co"p. LVlL - An Mt/or doe RdifflAoms iaon Taglr. Feb. 6,1s8i


Be it enacted k the Senate and Hos of Representa vea of the United
Saes of America in (ongres assembed, That the proper accounting
etementof
officers of the Treasury Department be, and they sre hereby, directed to accounts of ,
allow to Thomas Marston Taylor, a purserin the United States navy, in the Thomas X. Tay-
settlement of his accounts, for such deficiency as he shall show to exist br.
by reason of his making deposits of treasury notes in the Phoenix Bank,
at Charlestown, Massachusetts, subsequent to the month of April, eighteen
hundred and forty-two: Provided,That the said sum shall be received Proviso.
in full of all demands against the government on this account.
Atruovzx, February 6, 1855.

CmA. LMX. - An At to increase te Pension of Parick C. joes. Feb. 10, 18W.


Be it enacted k te Senate and Houe of Representative of the Vnited
tate of America in Congress assembed, That the Secretary of the In- penson of
terior be, and he is hereby, directed to increase the pension of Patrick C. Patrick 0. Miles
Miles, (late a sergeant of Company X, first regiment of infantry, United i $1
oreasedto
States army, and who lost a leg and was otherwise ijured,while gallantly -mJan. 4
leading to the assault at the storming of Monterey,) to the rate of thirteen 1854.
dollars per month, the amount of his duty pay; this increase to take
effect firom the first day of January, eighteen hundred and My-four, and,
continue during his natural life.
APPRovD, February 10, 1855.

CuAp. LX.-An Ad for Me Reqfqf Sad A. Bddn and Pa!. Feb. 10,18W.
Be it enacted k t Senate and House of Representadvw of the United
States of America in Congress asembkled That the Secretary of the
Treasury be, and he is hereby, authorized and directed to audit and settle
an account of the duties paid by Samuel A. Belden and Company, to the Settlement of
account of and
officers of the United States charged with their collection, in the city of clan of S. A.
Matamoras, in the Republic of Mexico, whilst that city was in the military Belden and Co.
possession of the United States, upon merchandise, except tobacco, im-
ported by them into Matamoras during that period, which, after the
restoration of peace between the two countries, they were deprived of,
either in the form in which imported, or in the proceeds of sales by illegal
seizure, confiscation, sequestration, or their forced abandonment of the
same by the judicial authorities of the Mexican government, and pay the

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848 THUITY-THIRD CONGBESS. Szss.. C. 61, 62, 68. 1855.
amount thus ascertained to the said Samuel A. Belden and Company, out
of any money in the treasury not otherwise appropriated, upon the execu-
tion by them of a proper and legal assignment to the United States of all.
their right to the amount so refunded when recovered from the govern-
ment of Mexico.
APPROVID, February 10, 1855.

Feb. 10, Isn. Ou. LXL-An Act conifrming a Land Ckhn to Elija& Wte, of the Torrait of
Washingtn.
Be it enacted by the Senate and House of&R rosentatives of tae United
State of America in Congress amsembled That the claim of Doctor Elijah
White, to six hundred and forty acres of land on Baker's Bay, near Cape
Settlement of Disappointment, formerly in Oregon, now in Washington Territory, under
lan~l of v the act of Congress approved September twenty-seven, eighteen hundred
Eiah White, and fifty, creating the office of surveyor-general, and making donations in
155r c.o " Oregon, shall not suffer any prejudice by reason of his absence from his
.making dona settlement, as set forth in his petition; but the said claim, if in other
ola in respects within the provisions of the said act of September twenty-seven,
Oregn. eighteen hdndred and fifty, shall be confirmed by the surveyor-general to
the said Elijah White and his assignees, but not to interfere with any
reservation that may be needed by the United States for light-house or
other public uses, nor to the prejudice of any valid adverse right, if such
exist.
APPROVED, February 10, 1855.

Feb. 10, 185. C0p. LXI - An Atfor tU Rief of t AdvAi oralof Oivr Lete, deceaed.
Be it enactedby te Snate and House of premntatives of the United
Sates of Ametica in C-ongres assembled, That the Secretary of the
Treasury be, and he is hereby, directed to pay to Charles H. Lee, adminis-
trator, and Eliza Lee, administratrix, of the estate of Oliver Lee, late of
580.82 to be the city 'of Buffilo, deceased, out of any moneys in the treasury not
Ztaiveof rOPre- otherwise appropriate the sum of five hundred and eighty dollars and
Oliver I". thirty-two cents, it being for the amount of a judgment recovered by the
said Oliver Lee against Pierre A. Barker, formerly Collector of the port of
Buffalo Creek, in the Circuit Court of the United States for the northern
district of New York, in the second circuit, and which was docketed on
the said thirtieth August, eighteen hundred and forty-four.
ArrnovD, February 10, 1855.

Feb. 10, 18. Ca". LXIII.- A# Act for the Relf of George Bu of 2%awon 0=0, Wahngto
erriers.
Be it enacted by the Senate and Hoes of Repre8sntatives of the United
States ?f America in Congress assembled, That the claim of George Bush
to six Hundred and forty acres of land in Thurston county, Washington
Land Claim In Territory, in virtue of his early settlement and continued residence and
Washington Ter- cultivation, as set forth in the memorial passed on the seventeenth March,
ritory oonfnre eighteen hundred and fty-four, by the Legislative Assembly of Washing-
. hi. e ton Territory, be, and the same is hereby, confirmed--the one half to the
said George Bush, and the other half to his wife; and it shall be the
duty of the surveyor-general of the said Territory of Washington to
designate and set apart the quantity of land aforesaid, to embrace the
residence and settlement of the said George Bush, according to the lines
of the public surveys, and for the claim hereby confirmed, but not in such
a manner as to interfere with any reserve or valid adverse right, if any
such exist, to any part of the land claimed as aforesaid; and upon the

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THIRTY-THIRD CONGRESS. Sss.IL Ci. 64, 65,66,67,68. 1855. 849
presentation of a certificate from the Surveyor-General, designating the Patet to issue.
land which may be officially set apart under this act, a patent shall issue,
if the proceedings are found regular by the Commissioner of the General
Land-Offtce.
ArPRovm), February 10, 1855.

CHAr. LXI.- An Actfor a Relof JoA teeane. Feb. t0, I8N.


Be it enaed by he Senate and Home of Representativaof a# United Tb. stoea to
States of America in Congress aseembed, That the Secretary of the be pla.ed on
Interior be instructed to place the name of John Steene upon the roll 'of lio " fo
invalid pensions, and to pay him a pension, at the rate of eight dollars per month from ja
month, during his natural life; commencing on the first day of January, 1,IN&
eighteen hundred and fifty-three.
APPROVED, February 10, 1855.

Cat. LXV.-An Ador t Bleof CGamie B. AmoS. Feb. 10, 1856.


Be it enacted by the Senate ad House of Representatives of te UMted
States of America in Congress assembled, That the Secretary of the
Interior be directed to place the name of Catherine Bryant Arnold, widow Catftfe B.
of the late Major Ripley A. Arnold, upon the list of pensioners, and to A to be
olce
n pen.
pay to her a pension at the rate of one half the pay per month to which son roll for l
her said husband was entitled at the time of his death; said pension to Or vdowhoo
commence on the sixth day of September, one thousand eight hundred
and fify-three, and continued during her natural life or widowhood.
APPROVzD, February 10, 1855.

CzAe. LXVL-An Ac for ts eief of ase Heirsit-Law qf Wiiam Van Vat, Feb. 10,1 8s.
eeaud.
Be it enacted by Mhe Senate and Mouse of Bepresentatkies of tes United
States of Ameca in Congress assembed, That the Secretary of the pgymmj to
Interior be, and he is hereby, directed to pay to the children of 'dliam children of Wn.
Van Wart, deceased, late a pensioner of the United States, a sum equal toVan Walt.
forty dollars per annum, from the fourth day of March, eighteen hundred
and thirty-one, to the date of the death of said deceased.
ApPRovim, February 10, 1855.

QL&P. IXVIL -Ain Act/or the Relef qfE., J.HhLams Feb. 10, 185M
Be it enacted 4 the Senate and Hoe of Representative of te United
States of America in Conrese asembled, That the proper accounting
officers 6f the Treasury be, and they are hereby, authorized and required to I. 3. .MoLae
pay to E. J. McLane, or his legal representative, the sum of one thousand I b P
six hundred and ninety-two dollars and forty-five cents, being corn- si,ems46 foraer.
pensation for his services and expenses, as inspector of the customs in i ande-
the collection district of Brazos de St. Jago, in the State of Texas, while
seizing and detaining horses and mules smuggled into the United States
from Mexico: Proe, He shall produce before the accounting officers
satisfactory vouchers for the same, or to allow and pay such part as shall
be so vouched.
APPRovzD, February 10, 1855.

Ca". LXVflL-As Actfor the Rliefofthe H ofJosph Geran Feb. 10, 1W.
Be it enacted by t Senate and Home of Rpresentae.of h United
Sae. of America in Congress assemb ed, That Reese A. P. Gerard,
VOL. I. PrnT. - 107

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850 THIRTY-THIRD CONGRESS. Sss. IL CD. 69, 72, 74. 18.
William Gerard, and. Rachel Blue, (formerly Rachel Gerard,) the only
children and heirs of Joseph Gera, a messenger of the United States
Chidren of to the Indians, who was killed in seventeen hundred and ninety-two, be,
oseph Gerard and'they or their heirs are hereby permitted to enter, each one of them
allwed to ente severally, or his or their heirs, one section of the public lands, without
certain Ilan
fl for hies- the payment of any consideration for said three sections, being in full
vices, payment for the patriotic services of said Joseph Gerard, and in accord-
ance with the spirit of the inducements authorized by President Wash-
ington to be held out to such'persons as would consent to carry a message
from Fort Washington, now Cincinuai, in seventeen hundred and ninety-
two, to the hostile Indians of the then Northwest Territory.
APP~ovim, February 10, 1855.

Feb. 10,1855. Q~ LXIX.-A At fordtesef of Dand Nwe of Esexm, Obnq of tMeao,


i#the Shte of VYmont
Daniel More Be it enadted & the Smeate and House of epresentaiwe of t4s Uited
to be plaed on &ates of America in Congrea assemMed, That the Secretary of the
pension roll,at $ Interior be, and he hereby is, directed to place the name of Daniel Morse,
Mach1,o, It of Essex, county of Chittenden, and State of Vermont, on the list of
invalid pensioners, at the rate of eight dollars per month, commencing
from the first day of March, eighteen hundred and fity-four.
AmnovD, February 10, 1855.

Feb. 10,18855. C-A. LXX=-A#Act~the~ faWet FdicianaRiailradand the Georgia


ana CoiV
03d Ba Q ies.
Be it enacted 4 tae Snate and Hose of Representaeissof Mhe Uited
Statis of America in Congress assembd, That the Secretary of the
Duties.on
Dutie Treasury be, and he is hereby, authorized to refund to the West Feliciana
on rai-"l.min"
rod iron t be Railroad Company the amount paid by them in judgments obtained
refunded to West against said company, by suits instituted on duty bonds given by
Feliciana R- I said company for the importation of certain bars of railroad iron
oo. imported at New Orleans, in the month of Jury, eighteen hundred and
thirty-six, and at New York, in the same month of the same year:
Proviso. Provided,That it shall appear to the satisfaction of the Secretary of the
Treasury that the said railroad bars have been and are now permanently
laid down upon the railroad of the aforesaid company, except such part
thereof as may be proved to the satSfaction of said secretary to have
been lost by the sinking of the steamboat Choctaw, in an attempt to
transport the same from New Orleans to Bayou Sa-a.
Al-, to the SEc. 2. And be itfurnker exacted, That the Secretary of the Treasury
.'eorga
P- be, and he is hereby, authorized to refund to the Georgia Railroad and
ang Co. Banking Company the duties collected on certain railroad iron imported
Proviso. by said company: Provided,That said company shall prove to the satis-
faction of the Secretary of the TreaSury that the rails so imported were
actually laid down at or about the time when the rails of the Red River
Company, the Central Railroad and Banking Company of Georgia, and
the Monroe Railroad Company were laid down-on the rails of which
companies Congress has already remitted the duties.
APPRovzD, February 10, 1855.

Feb. 18,1855. CRAP. LXXIV.-An Act for tMeRelief of Ply Carver, Widow and Executri of
Naaa a~r, dm .sed
Be it enacted by the Senate and House of Representatives of te United
Polly Carver States of America in Congress assembled, That the sum of three hundred
o beclatdfN and thirty-four dollars and seventy-nine ce. ts be, and the same hereby
than Carver. is, appropriated out of any money in the treasury not otherwise appropri-

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THIRTY-THIRD CODNGRZSS. Siss. H. Cn. 75,76,77,78,79. 1855. 851
ated, for- the payment and full satisfition of the claims against the
government of the said Folly Carver, as widow and executrix of the said
Nathan Carver, deceased.
APPaoviD, February 13, 1855.

. jfor te R ef of
.Ar.L .- A Ad ad McKdgA4 of detatofe Kot . Feb. 18,1856.
Be it enadted by tae Senate and Homse of R rwtatives of t ntda
States of America in Con es asemed, That the Secretary of n
Interior be, and he is hereby, directed to place the name of Samuel pension roll for
McKnight; of the State of Kentucky, on the list of invalid pensioners of 'IN at $8 Par
the United States, at the rate of eight dollars per month, to commence on 1, . ..
the first day of January, eighteen hundred and Mfty-three, and to continue
during his natural life.
APPaOVED, February 18, 1855.

Ca". LXXVL -An Act for he Re Geoe Ljnc


.f'of Feb. 1,18.
Be * eaced b the Senate and Hoe of Representatives of e United
States of America in~ Congrs8 aesembkd; That George Lynch, of St. Pension or
Charles county, Missouri, shall be paid a full pension of eight dollars per Georg
. Lynch
t
mouth, instead and.in lieu of six dolla per month, the amount which he per month from
is now receiving under a special act of Congress heretofore passed for his una6,1862-
benefit. Said pension of eight dollars a month to commence on the sixth I8, ch. 12'.
day-of June, Anno Domini eighteen hundred and fifty-two, the time at
which his proof of total disability was perfected.
AkPaovzD, February 18, 1855.

Ouw. LXXVIL -An Ad/for se Belif qof Airahm Auessm Feb. is,155N&
Be it enacted by the Senate and Home of Reprjeenaves of the Unite
States of America in O'onen aenemed,That the Secretary of the Inte-. Pension of
rior is hereby'directed to increase the pension of Abraham Ansman, ,- to
Anunre
whose name is now on the rolls at six dollars, to the rate of eight dollarse per mouth
per month, to commence on the first of January, eighteen hundred and nfOml. 1,18I4.
My-four.
AYPP&ovD, February 18, 1855.

Cnup. LXXVfL- An Mt/or the Bdiqfe/LneoiaBates, Feb. 18,18M.


Be ft maed 4rdo Senate and Home of 'epresenttves
of the Unitd
Stae of America, That the Secretary of the Treasury be directed
to pay to Lincola Bates, out of moneys not otherwise appropriated, Luncoln Bates
the sum of fiy-five dollars, in full of the damages sustained by him to be Paid 65
as a night watchman in the public stores at New York, in July, one
thousand eight hundred and forty-nine, in suppressing a fire therein,
being the amount of his account, as now on file in the Treasury
Department.
AppuovzD, February 18, 1855.

,CHA. . -An Act jr Lhe e of AJon (O? Feb. 18,186.


Be it ema e bye enale and Rcum of Repreentast of te UVited john cole to
Sae. of America in O~are asemIed That the Secretary of the Into- have pension of
ta county, $6 a Ne
rior be, and he is hereby, directed topay to John Cole, of Lake erforof
Ohio, now a pensioner of the United States, the oum of ninety-six dollars other pension.

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852 TIRTY-THIRD CONGRESS. Szss. IL Cbn.80,81,82,88,84. 1855.
per annum, in lieu of any pension heretofore allowed to him, such pension
to be computed from the day of the passage of this act, and to be con-
tinued during his natural life.
Apzovzp, February 18, 1855.

Feb. 18 185&. CxAp. XXXXL- An Ad fo-tAs BdW.of Ekasso HToVp of the Produc, qf Gznadtz
Be i enacted j the Senate and Howe of.Reprt'enttive of te United
&dtes of America in Congre asembled, That the Secretary of the
EteanorEoople Treasury be, and he is hereby, authorized, from any honey in the
to be pakl-#. Treasury not otherwise appropriated, to pay to Eleanor Hoople, a widow,
residing in the Province of Canada, the sum of three hundred dollars, for
care, services, and attention rendered by herself and husband, in eighteen
hundred and fourteen, to David Holden, an American soldier.
AIPnovzD, February 18, 1855.

Feb. 18,1888. Cwa. LXXXL - An A/tor the RPeefof Wiiasam Walawe, ofMBwin.
Ae i enacted ky the Senate and Howee qf .Repreeentativee of the Usited
W phaoed
to be - Wallace
on &aee of America in onges asembed that the Secretary of the Inte-
pension roll A nor be authorized and directed to place the name of William Wallace,
ie, at $6 per of the State of Illinois, on the list of invalid pensioners of the United
Mnatrh, o States, at the rate of six dollars per month, from the fourth day of March,
Mara -m in the year eighteen hundred and fifty-four, and to continue during his
natural life.
AppRovED, February 18, 1855.

Feb. A IS. On. LXXXI-An Adt r the W of the Bpa oives oflon Pd
Be it enacted by the Senate and Howse of Representaies of the United
s79.78 to be Stater of America in Cogress assembled, That the Secretary of the
.,0 Treasury be, and he is hereby, directed to pay, out of any money in the
..... treasury not otherwise appropriated, to the legal representatives of John
Putnam, the sum of seven hundred and ninety-five dollars and seventy-
eight cents, in payment for his services and money paid for the United
States at the port of Genesee, New York.
Ap ovm), February 18, 1855.

Feb. 18, 1865. Cn. - A# Act/or Lhe /of Wiwa Goe.


Brit enacted k te Seate and House of RBrsentatives of th Uied
Win. Gore to States of America in Congress assemb, That the Secretary of the late-
on ldforen rior be, and is hereby, directed to place the name of William Gore, of
at Sr month the State of Maine, upon the pension rolls, and cause him to be paid the
1,18K sum of eight dollars per month, so long as he shall live, commencing
January first, eighteen hundred and fifty-four.
APPR9OVED, February 18,1855.

Feb. 18,1855. Cxae. LXXXIV. - An Act groatin Bowmf Lamd to 7orn us Cbfe
1.
Be it enacted by the Seate and House of eesentav of th United
Land wamat &ates of America in Congress asemed That the Secretary of the Inte.
to Ism to Oot. rior be, and he is hereby, directed to issue to Cornelius Coffey, late a
nna "offey.private in company G, eighth infantry, United States army, a land war-
rant for one hundred and sixty acres of land.
APpRoVED, February 18, 1855.

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THIRTY-THIRD CONGRESS. Sloss. IL Cu. 85,86,87,88,89. 1855. 868
Cw. LXXXV. -An Act jor the Reef of Jbh Broi, second,of New RpAire. Feb. 18,18656.
Be it enacted y the Snate and House of Re s ,t of e Untited
asof Amerca ~in Congress assemked That the Secretary of the Inte-
r-or be authorized and required to place the name of John Brown, second, John Brown to
of the State of New Hampshire, on the roll of invalid pensioners, at the bePiacedope -
rate of eight dollars per month, to commence on the ninth day of February, at 8.per month,
eighteen hundred and Mify-two, to continue during his natural life. from Yeb.9, 1852.
A ovnD, g'ebruary 13, 1855.

On. LXXXVL- An ltfor


A theRief of Wiiam Parker. Feb. 18, 185.
Be it enacted y to Senate and House of Representatives of the United
Statos of America in (7omgrese assembed That the Secretary of the Inte- Inereae of
rior cause to be paid to William Parker, of New York, the sum of four en of Wm.
dollars per month, so long as he shall live, commencing January first, month.
Anno Domini eighteen hundred and fifty-three. This sum to be in addi-
tion to the pension of four dollars per month granted him by act of May 182t, oh. 09.
nineteenth, eighteen hundred and twenty-four.
APPROVED, February 13, 1855.

CH". LXXX VII-An At for te Rdief of Gilert C.Rasseil. Feb. 13,185&


Be it enacted by te Senate and House of Representative, of the United Gimbert Q Due-
States of America in COngress assemnled That the Secretary of the sen to be paid
Treasury be, and he is hereby, directed to pay, or cause to be paid, out $20,000.
of any money in the treasury not otherwise appropriated, to Gilbert C.
Russell, of the State of Alabama, twenty thousand dollars: Providd, The same to be
The same shall be received and reqeipted for by the said Gilbert C. demans.
Russell in full satisfaction of all balance of claims and demands of every
description in his favor against the government of the United States
growing out of, or in any manner conneeted with, the construction of the
fort at Mobile Point, in the State of Alabama.
AppROVED, February 18, 1855.

Cxt. LXXXVIIL -M Aifor te eof WiUka Cae Feb. , 185.


Be it enacted by the Sonae and House of R epresentatives of ta United
Staes of America in Congress assenMbld That 'William. Case and his WIn. 0sa. 2nd
surety, Harrison Gould, be, and hereby are, released from a judgment released fGinn
for the sum of three hundred and twenty dollars rendered against them Judgment.
in favor of the United States, at the March terif of the cireuit court of
the United States, held at Clarksburg, in the State of Vihinia, in the
year eighteen hundred and fifty-three: Provided,That, before satisf on They to pay
of the same shall be entered, the said defendant shall pay all the costs
accrued upon the said judgment.
APPRovze, February 18, 1855.

VwS. LI .- As Aet for t Rdief of Sids P. Poo, f the 5ate of Ailinc Feb. , 1855.
*Be it enacted by tMe Senate and House of Reprsentatives of ase Utd
States.of America'in Congress amme, That the Secretary of the lnte- sidney P. Pool
rior be, and he hereby is, directed to place the name of Sidney P. Pool ton.ro- .a
upon the roll of invalid pensioners; and that said Pool be paid a pension, r"er mouth.
at the rate of six dollars per month, from the first day of January, in the fiom Jan.!, 184.
year one thousand eight hundred and fifty-four.
AIPOPROD, February 18, 1855.

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854 THIRTY-THIRD CONGRESS. Sss. IL C. 90,91,92,98,94,95. 1855.
Feb. 18, 1856. CHAP. XC. -An Actfor tae REdof Gm E ak
Be it enacted k the Snate and Home of .P resentatives of the United
Pension ofGeo. States of America in Congmres aesembled, That George Elliott., of Frank-
-lott ired lin county, Missouri, shall be allowed a pension of eight dollars a month,
from J., s5. instead of the pension of six dollars a month which he is now receiving,
1s8S, ch. 149. under a special act of Congress, said increase of pension to commence and
be calculated from the first day of January, Anno Domini eighteen hundred
and fifty-two, when his proof of total disability was perfected.
APPnOvziD, February 18, 1855.

Feb. 18,1555. CO . XCL-An Actf rLUE ofzwant G H. Paig ofe UnitaSa


Amy-
. . . e it enacted by Me enate and Home of.epresentatve of the United
B
Go.P States of America in (ongreu assembkd, That the proper accounting
$M2s. officer of the United States treasury be, and he is hereby, directed to
allow and credit to Lieutenant George IL Paige the sum of sixty-two
dollars and twenty-thiee cents, the amount paid by him'to one Philips, a
private in the United States army, for services as an auctioneer, in June,
eighteen hundred and forty-nine.
APPROVYD, February 18, 1855.

Ifeb. U18L Cm. . XCU.-An Adt/or tde Reiefofd-am H. Efcdi, of 1mna.W


Be it enacted by to Senate and Home of epresentative of the United
to John on &ate
.H.Hlcks
be placed .. of Ametica in Corew assembd, That the Secretary of the Inte-
poo mu nor be, and he is hereby, instructed to place the name of John H. Hicks,
at $8 yer of Indiana, upon the list of invalid pensioners, at the rate of eight dollars
month, from %an.per month, from the first day of January, eighteen hundred and fifty-three,
1 1855 and to continue during his natural life.
ApwaovzD, February 18, 1855.

Feb. u, 1ss. Ca. XCIIL -An Act to provide a Pension jbr 011w BWn, of O£Vmg County,
Nv York
Olvw Brown Be it enaded kf the Senate and Home of Repreentative. ofthe United
to be placed on States of America in COne asselewd, That Oliver Brown, of the
pr mouh, from county of Chemung, in the State of New York, be, And he is hereby,
mch 1,184. required to be placed upon the pension roll, at the rate of four dollars per
month, from the first day of March, eighteen hundred and fifty-four.
APPEROVED, February 18, 1855.

Feb. 1$, 1SM. Omw. XCIV. - AAt to p v e a Pension nrE&ad A e, ofhrol Coun y,
in the Se of Kenuck.
EdmundbMtch- Be it enacted by the &enat and House of Representaves oft he United
ell to be placed States of America in Congress assembed, That the name of Edmund
at$8persio o, Mitchell, of Carroll county, in the State of Kentucky, be placed upon the
from Mrch1 pension roll, at the rate of eight dollars per month, to commence on the
1856. first day of March, eighteen hundred and fifty-four.
AP Opizvz, February 18, 1855.

Feb. 13, 185. C--r. XOV.-- A A jbr the Mis/f Gqwg Jr Raieo
Geo.j.R s Be it enacted by the Seate and House of Representatives ofthe United
to be placed on States of America in nWre assemb d, That the Secretary of the Inte-
Pndo roll for nor be instructed to plavy the name of George J. Rallston upon the
month, &t ?mtr pension roll, and to pay him at the rate of eight dollars per month, from
.16 1"5

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THIRTY-THIRD CONGRESS. Szss. IL CH. 99,100,101,102. 1855. 855
the first day of January, eighteen hundred and fifty-four, to continue
during his life.
ApPOvxD, February 18, 1855.

Ca".XOl-AsAMfM ti.e lef ofxtoof do Deir&fLarkin &n& Feb. 18,18M5.


Be it enacted by the Senate and House of Bepresesstadivs of the Uied
States of America in Congress assembed, That the SecretaIy of the Payment to
Treasury be, and he is hereby, authorized and required, out of any money o Sm .
in the treasury not otherwise appropriated, to pay to the legal represen-
tatives of Larkin Smith, five years' full pay of a captain of cavalry, the
same being due the said Larkin Smith for services as a captain of cavalry
in the army of the United States, in the war of the Revolution.
APPRovD, February 18, 1855.

Or.0. -- AxdAt cae&eame h*erScHoo


e" yP"xstsag totof Feb. 18,185.
"A.G.Brown."
Be it enacted &j As Senate and House ofRtrenatives of tae United ,... to l.
&ates of America in Congress assembd, t the Secretary of the suetoTheHenry
Treasu be, and is hereby, authorized and directed to admit to register, Ptin" ee _Un-
under the name of "A. G. Brown;" the American-built schooner noa. of T
owned by Ebenezer .Clark, of Jackson county, In the State of Mississippi,
and known as the "Henry Plantagenet."
Appnov=, February 18, 1855,

MAsP. CL -An Act for td eef ofd Widow and CA=dre of ra Chapma Feb. 14, 185.

Be it enacted by the &nate and Home of Representative, of th United


ates ofAmerica in Congress assem d, That the proper accounting
officers of the treasury be, and they are hereby, required to pay to the
lawful administrators of Ezra Chapman, late of Tolland, Connecticut,
deceased, for the benefit of his widow and children, the sum of eight Pae met to
hundred and forty dollars, the same being the aggregate amount of seven Nr Ch-man.
years' half-pay of Ezra Chapman; the father of the aforesaid Ezra Chap-
man, deceased, who was an ensign in the army of the Revolution, and
died in the service of the United States, on the first day of September,
seventeen hundred and seventy-eight, and which sum of monev was due
to the said Ezra Chapman, deceased, on account of the services of his
said father, by the provisions of the resolutior of Congress passed the
twenty-fourth day of August, seventeen hundred and eighty.
ArruovuD, February 14, 1855.

Cs. CIL.- An Afor tu Rdfof D= B. Jua Dmew, a 4anh Subjct. Feb. 14 ,I=.
Be it enacted by te Senate and House of Representativesof the United
Stes of America in Cbngress assembled, That the Secretary of War be,
and he is hereby, directed to examine and investigate the claim of Don
B. Juan Doniercq, a Spanish subject, for a quantity of tobacco belonging Settlemeit of
to him, and taken and used for purposes of defence, by order of Colonel clahm of Don B.
Ch'lds, at the siege of Puebla, in Mexico, in the year Anno Domini JtuanDomemq.
eighteen hundred and forty-seven, and to allow and pay said Domereq for
so much'of said tobacco, not exceeding in quantity seven hundred and
twenty-one bales, and at a price not exceeding twenty-four dollars the
bale, as shall be proved, to the satsaction of* said secretary, to have
been destroyed or lost in consequence of said tobacco having been taken
and used as aforesaid And the said Secretary of War shall also allow

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856 THIRTY-THIRD CONGRESS. Sins. IL C&. 113, 114 115,116. 1855.
and pay said Domercq damages for the injury done to eight hundred and
twenty-three bales of tobacco returned to him after being used in barri-
ceding the streets, &c., of Puebla: Provided, Said damage shall be
proved to the satisfaction of the said secretary, and provided the amount
allowed shall not exceed one dollar per bale.
Payment SEc. 2. And be it further enacted, That the Secretary of the Treasury
ath ofanl is hereby directed to pay.to said Domeroq such sum as shall be allowed
"le him, upon such investigation, out of any money in the treasury not other-
wise appropriated, in ful satisfaction of any claim upon the government
of the United States.
APPROVzD, February 14, 1855.

Feb. 1r, 1858. CAp. CXL - An Act for to W of Meao(d Cqfey, of td &a of Tea
Be it enacted k de Senate and Homse of Representatives oftde United
MedfordOafb States of Ameriia in Congress asembled, That the Secretary of the
to b: pm $16 Treasury cause to be paid to Medford Caffey, of the State of Tennessee,
in out of any money in the treasury not otherwise appropriated, the sum
of one hundred and six dollars, in full compensation for his horse and
equipage lost in the Seminole campaign of eighteen hundred and eighteen.
APPROVzD, February 17, 1855.

Feb. 1Y7,
19 CHAP. CXIV.-An AdfAr th RdWq17Adia Luw.noe of Mo.
Be it enacted by the Senate and House of Represeative. of the United
Zaehariah Law- Shtes of America in Congress assembed, That there be paid to Zachariah
rense to be paid Lawrence, of Morgan county, in the State of Ohio, out of any money in
62,646.40 for
prize money for the treasury not otherwise bppropriated, the sum of twenty-six hundred
captue of The and forty-five dollars and forty cents, his portion of the prize money for
ventue, capturing and taking into the port of Passamaquoddy, in eighteen hundred
Payment to and thirteen, the British sloop "Venture." And there shall be paid to
others on proof each of the other persons composing the boat's crew, severally, or to their
Of clam. legal representatives, the sum of thirteen hundred and twenty-two dollars
and seventy cents, as the share of each in the capture of the said sloop
"Venture" on satisfctory proof being made to the Secretary of the
Treasury of their being such persons, or their legal representatives.
ArPovED, February 17, 1855.

Feb. 17, 1855. CuiP. CXV. -An Act for the ef of Wlam BHaprt.
Be it enacted by ai Senate and Houe of Representative. of the United
Wm.Ugerty States of America in Cingress assembed, That the Secretary of the
to be paid Treasury pay to William Hagerty, out of any money in the treasury
for cIai, not otherwise
l lars cents, in fullthe
and eightyappropriated, sum of nine hundred and sixty-four dol-
payment of his claim for grading the street
around the Capitol inclosure.
APROVzD, February 17, 1855.

Feb. 21, 1856. CuMr. CXVL - An Act autOw r VLz t issue of a Reister to the RWSia SUP
Be it enacted j te Senate and House of Representaties of the United
ester_to is- Sate of America in Conpess assembled, That the Secretary of the
ue The AID% Treasury be, and is hereby, authorized and directed to admit to register
onSt,Andme. the Russian-built ship " Ain under the name of "St. Andrew," said
ship having been libelled and sold by the United States Marshal to
Christian F. Funch and Andrew F. Meinche, of the State and city of
New York, her present owners.
APPROVzD, February 21, 1855.

HeinOnline -- 10 Stat. 856 1849-1862


THIRTY-THIRD CONGRESS. Sue. II Ca. 119,120,121,180. 1855. 857
Cu~v. CXIX - An Act fr the RdWof Beaty H. JfarsL Feb. 21, 1855L
Be it enacted by the Senate and House of Repreentati of the United
States of America in Congress aseembied, That Henry H.L Marsh be,
and he is hereby, authorized to relinquish to the United States the east Ren A
half of the northeast quarter of section number four, of township number autorn-qr
eight south, of range number thirteen west, in the district of lands subject certain land, and
to sale at Kalamazoo, in the State of Michigan, entered by him by mis. = moey t
take, on or about the twenty-first day of July, eighteen hundred and other k.
thirty-six, and to apply the money paid for said tract to the purchase of any
other lands that may be subject to entry at private sale, at the minimum
price of one dollar and twenty-five cents per scre.
APPrOVzD, February 21, 1855.

*Cir".CXL.-An Act for tde Belief of Rebece Winn, Wideo and Aimc"b of doe Feb.21, 18S.
Lad t and Teatanent of 2iraWy fWnn, deoasA We a A'uer in do Na ovyf e _
Unid Ste.
.8. it enacted y te Senate and Hoe of -BRepentativseof th Uited
Stats of America in Congress asse=Wn That the accounting officers
of the treasury be, and they are hereby, required to adjust the accounts Ajustment of
of the late purser Timothy Winn, so as to allow his legal representative acoomt, of the
Tim thy
the sum of six hundred dollars per annum, for clerk hire during his left o
deducting therefrom
service as purser at the Washington navy-yard,
whatever payments on account of clerk hire have already been made,
either by allowance of the department or by judgment of the court of
this district.
ArrzovzD, February 21, 1855.

Baran4fBdllsfont,
OCX 011-An ActI iscraaigtiePemionofinhengW. Feb.26,185.
a State of Pnegivama.
Be. it enacted by the Senate and House of Bepresentatives of ase United
Ska of America in Congress asaembled That the pension now re- P of
ceived by Anthony W. Bayard, of Bellefont, in the State of Pennsylvania, A. W. Bayea
be increased to twenty dollars per month, and that the said pension be tn,aved.
paid him from the first day of January, in the year eighteen hundred and
fifty-two, deducting the amount of the pension he has already received
since that date ; and that hereafter his pension shall be twenty dollars
per month, during h.is life, instead of eight dollars per month, which he
now receives.
ApPoRVD, February 24, 1855.

Cu". CXXL-An Aefor the RAfef Mrs. Hden Mack, Admini*atri of Lie- Feb. 201855.
a b,£w lam a LVu, Ouaer-matw an as Unid ta Amy.
-tenant-Co/ond

Be it enacted by the Snate and House of Reresentatives of th United


&ates of America in. Congress assembld That the proper accounting
officers of the treasury, in settling the accounts of ieitenant-Colonel Settlement of
A2neas Mackay, deceased, deputy quarter-master general in the United aL0ounts Of Lt.
States army, be authorized and directed to allow, as a credit for twenty- Makay.
five thousand dollars, the receipt of Captain William D. Me~issack for
that amount, dated the first day of May, eighteen hundred and forty-seven,
as well as the receipt of the said Captain William D. McKissack for a
similar amount, dated the fourteenth day of August, eighteen hundred and
forty-seven.
Szo. 2. And be itfurther enacted, That the Secretary of the Treasury Payment of
pay to Mrs. Helen Mackay, administratrix of Colonel Aneas Mackay, balnce to Dim
deceased, out of any money in the treasury not otherwise appropriated, L "
VOL. X. PuTv. - 108

HeinOnline -- 10 Stat. 857 1849-1862


158 THIRTY-THIRD CONGRESS. Szss. IL Cu. 181,182,148,149. 1855.
whatever balance may be found to be due to her late husband, upon a final
settlement of his accounts, in the manner directed by the irst section of
this act.
APiRovEw, February 28, 1855.

Feb. 28, 185. CraL. CXMI.-As Ad gwd Eoty Land to Swa Paw.
Be it enacted by Me &Smate and Homse of Repretentave. ofd UneViited
States of America in Congress assembled That the Secretary of the
Susan Palmer, Interior be, and he is hereby, authorized to issue unto Susan Palmer,
fdfnt4) boUnty widow of Lieutenant Innis B. Palmer, deceased, a land-warrant certificate
for one hundred and sixty acres of land, in consideration of his services
during the war of eighteen hundred and twelve, in the same manner as
if the said Innis B. Palmer's name had been enrolled as a lieutenant, and
not as a deputy wagon-master.
Anpitovrm, February 28, 1855.

Feb. 28, 15M. Omw. CXXXII. -An Act for te Relief of Lot Davis.
Be it enactedbj the Senate and Homse of Representatives of he VUited
Lot Davis
be placed onto State of America in Conress assembled,That the Secretary of the Inte-
penson roll fror cause the name of Lot Davis to be placed upon the roll of invalid
life, at 6 per pensioners, at the rate of six dollars per month, during his life, to corn-
month, frmn. mence January first, eighteen hundred and fifty.
1,180. APPaovzD, February 28, 1855.

March2,185. Caa. CXLYIl.-An Act for the Reie of the Hd of Brgadier-GneralRichard B.


.)aon.
Be it enacted by the Senate and House of Repmeita of the United
Act of.Itates of America in Congres assembed, That all the provisions of the
h. 58,extend act approved February third, eighteen hundred and fifty-three, entitled
to heirs of ae. 4A n act for the relief of Brevet Brigadier-General Riley, and to enable
B.B.Mason. him to settle his accounts with the United States," be, and they are
hereby, applied to the heirs of Brigadier-General Richard B. Mason, in
reference to all moneys raised and collected by him for contributions,
penalties, internal assessments, duties, or other objects, in California, from
June first, eighteen hundred and forty-seven, to April fifteenth, eighteen
hundred and forty-nine, and that the proper accounting officers of the
Treasury Department, in settling the accounts of the said Mason, be, and
they are hereby, authorized and required to allow, as a credit, a commis-
sion of one and a half per cent. upon the moneys so raised, collected, afid
disbursed by the said Mason while he was governor of California during
the'time stated above.
APPROVED, March 2, 1855.

March 2,1855. CAP. CXLI -An Act for the Rdeieffrohn P.Boves, Aged in dcarys of the Prop
er y of the United States at Michigan Oty, in ateState f Indiana, and of laac S.
SAt, of the City of Bffalo, New York.
Be it enactedby the Senate and Home of Representatives of the United
John B.Bowes States of America in Congress assembled, That the proper accounting
to be paid
$40.8. officers of the treasury be, and are hereby, authorized and directed to
pay to John R. Bowes, of the State of Indiana, agent in charge of the
property of the United States at Michigan City, in said State, the sum
of four hundred nd seventy dollars and thirty-three cents, in payment
and in full discha of all claims of said Bowes against the United States
for services as maid agent.

HeinOnline -- 10 Stat. 858 1849-1862


THIRTY.THIRD CONGRESS. Se.IL C. 150,151,152,158. 1855. 859
Sze. 2. And be itfialherenacied That the Secretary of the Treasr1800 be mith
be, and he is hereby, authorized and directed to pay, out of any money 02.
in the treasury not otherwise appropriated, to Isaac S. Smith, the sum of
four hundred and fifty-two dollars and thirty-two cents, in full for his
account for care and charge of the public property at the city of Buffalo,
up to the thirtieth day of April, eighteen hundred and fly-three, under
the direction of the Topographical Bureau.
Pov D, March 2, 1855.
APP

Cx~p. CL. -As Adt far the WZe of th er adLglRUedtvaq oe h r 2, 18.


&kvage dwesed
Be it enacted by the &nate and Howe of Representative. of t, United
State of America in Congress assenWe That the Secretary of the
Treasury be, and he is hereby, required to pay, out of any money in the Representatives
treasury not otherwise appropriated, to the legal representatives of Joseph ofJep 4"P
Savage, deceased, five years' full pay of a surgeon's mate in the conti- yeas f pay
nental line of the army of the Revolution, being the full amount of the f
sum due to the said Joseph Savage, deceased, for commutation of half-
pay as surgeon's mate in the Virginia continental line of the revolutionary
army: Provided,That the said sum shall be receiied in full of all de-
mands against the government on this account.
APPBOVzD, March 2, 1855.

CRAP.M B
4DftWjkjdk f&a
of~.f dO=ior Extra &ndce March 2, 1858.

Be it enacted by tMe nae and House of Rprimntaives of te Unted


States of America in Congress asaemt That the proper accounting . of
°
officers of the Post-Office Department be, and they are hereby, author- eotten n
ized and required to settle the account of Daniel Searle and Company, Daniel Searle
for extra services rendered under the orders of the said department during A4 CO.
their contract, made in eighteen hundred and thirty-five, for carrying the
mail on routes numbers nine hundred and fifty-sir, nine hundred and
seventy-nine, and eleven hundred and fifty-seven, from Jersey City to
Owego in the State of New York, and to allow him a pro rata compen-
sation for said extra service; and that the amount found due be paid to
said Searle, out of any 2,money
185. in the treasury tot otherwise appropriated.
Appnoyun, March

Czar. CLIL - An Acdfor ahe Rdief of Carles W. CoAml March 2, 1885L


Be is enacted by the Senate and Howe of Representatives of the United
States of America in (ongress assembed, That there be, and there is Charles W.
hereby, appropriated the sum of five thousand dollars, to be paid to Carmutobpaid
-Charles W. CaIrroll, out of any money in the treasury not otherwise 66,000.
appropriated, as compensation and damages for injuries sustained by him
by reason of his wrongful arrest and imprisonment as a deserter from
the army of the United States.
APPIovBD, March 2,1855.

CzaLr. CL. - An Adt jA the Relifof Hmy S. Saford. Much 2,1855.


Be. it enacted by tae Senate and House of Representatives of the United
States of Ameria in Congres assenbed, That the Secretary of the
Treasury be, and he is hereby, directed to pay, out of any moneys in the
fd to beS. paid
treasury not otherwise appropriated, to Henry S. Sanford, late acting f.lenry San-
chargd d'affaires of the United States at Paris, the sum of six thousand $6,02.S2.
* two hundred and twenty-.three dollars and eighty-two cents, it being the

HeinOnline -- 10 Stat. 859 1849-1862


860 THIRTY-THIRD CONGRESS. Suss. II. C. 154,155,156,157. 1855.
amount of the difference between the salary received by him, as secretary
of legation at Paris, from the fourteenth day of, May., eighteen hundred
and fifty-three, to the twenty-second day of January, eighteen hundred
and My-four, and usual
the salary
outfit of
of aa charg6
together wi the eharg* d'aflaires for the same period,
d'afaires. And for necessary
clerk hire paid by him while secretary of legation at Paris, the frther
sum of eleven hundred and seventy dollars and sixty-three cents.
APPROED, March 2, 1855.

March 2, 1M5. Ciup. CLIV. - An Acd for do ReIkf pf do~ Caa and Gm ikraadlw
of IYaMae

Be it enacted bp the Senate and House of Reprntves of the United


Payme State. of America in ongress assembled, That the proper accounting
ehfldrend t officers of the treasury be, and are hereby, required to pay to the children
Rndldranof and grandchildren of Thomas Morris, who was a captain in the Georgia
Jnom" Morns, line on the continental establishment in the revolutionary war, and who
died in the service of the United States during said war, the full amount
of the half-pay of a captain of artillery for seven years ; to be paid out
of any money in the treasury of the United States not otherwise appro-
priated: Provided,Said heirs, before the payment thereof, exhibit to the
secretary of the treasury satisfactory proof that they are the only chil-
dren and grandchildren of the said Thomas Morris.
APPROVZD, March 2, 1856.

March ,1855. OR". CLV. -An Act/or t&e Baf qf Mie Heirs ofPhi&p .Ice, dcases
R it enaed by& e nate and Howe of epAresentav, of Me Unied
Hes of Phlqp States of Ameri'a in Congress assembd, That there be paid to the
3.ReetObepOPd heirs of Philip H. Rice, deceased, out of any money in the treasury not
$8,460.00 otherwise appropriated, the sum of three thousand four hundred and fifty
dollars, in full payment for the loss of a vessel in the service of the United
States, during the war of the Revolution.
APPROVED, March 2, 1855.

Marsh 2,18. Cx. CLVL -An Ad br de Reif of Cars H.Pointer.


-Be it enactd k the Senate and How of Representative. of the United
Chas. H.Poin- States of America in Congress assemNed, That the Secretary of the late-
ter to be plae, rior be directed to place the name of Charles H. Pointer upon the roll of
on pesion rl .iinvalid pensioners of the United States, at the rate of eight dollars per
fn. month, and that the said pension commence on the first day of January,
1,185. eighteen hundred and Mfity-four, and continue during his life.
APPROVED, March 2, 1855.

Mush 2,185 CA". CLVII. - An Actfr do Rlef ofParsieaMa late M WtA fJo Ble,
decease&
Be it enacted b ts Seate and Hoe of eprewet atOes of tMe United
State. of Amerii in Congress assembed, That the Secretary of the Into-
ParmellaSlavin rior cause the name of Parmelia Slavin, the widow of William Slavin,
t'son ro14 at deceased, and lately the widow of John Blue, deceased, to be placed upon
eper month for the roll of pensioners of the United States, at the rate of four dollars per
9L. "", *' thousand
month, foreight
five.hundred
years, from the first day of January, Anno Domini one
and forty-eight, in full satiafaction of her claim
to pension as widow of the said John Blub.
AppOVzD, March 2, 1855.

HeinOnline -- 10 Stat. 860 1849-1862


THIRTY-THIRD CONGRESS. Suss. IL Ca 158,159,160,161,162. 1855. 861
On"~. CLVIU. -As Ad for go e ifof xw Rlapp. March 2, 185N.
Be it enacted by the Senate and Hose of 1epresentatie of the Unted
States of America in Congres assembled, That the Secretary of the lute-
rior be, and he is hereby, directed to pay to Amos Knapp, out of any Payment to
money in the treasury not otherwise appropriated, a sum equal to eleven Amos M-pp.
themonth
eight, toper
dollars from
date of the firstofday
approval of July, eighteen hundred and forty.-
this act; and that his pension, gran ted
by act of July twelve, eighteen hundred and fifty-two, is hereby delared
increased
to benatural to the sum per
dollars
elevenany
rate of That the tosaid
month, Knappduring
continue Insrenon
his life: .Proded, which may Icesd
have received under the act approvedJy twee, eighteen hundred and
iy-two, shall be educted from the amount required to be paid by the -2 o 6
provisions of this act.
APPROVED, Marcha 2, 1855.

Be it e u te n and Houe of Rhe of t Uned


r
&ate ofuAmerica i# Congrs asemed, That William G. Howisn be w. . Howlon
allowed by the proper accounting offiers of the treasury, the sum of one to be aI1owd
hunared and sixty-seven dollars, in fujl for all services as a member of 6167 in thU.
the Auxiliary Guard of the city of Washington.
APPROVED, March 2, 1[855.

.Be
aeofitenacd
Aeica In th Se nate and
one as Roused, of Repesntatives
That of th'hundred
the sum of three United
and seventy-five dollars and twenty.flve Cents be, and the same is hereby, Win. G.Pree
appropriated, out the
of any
s amoneys in the
pate, and that be Wl treasury
G notr otherwise
,a appro- ton to be paid
i e war with Mexico, to reimburse him or subsisting hs command,
and foraging the horses of his company, from Ozark to Washington, in
Hemptead county, in the State of Arkansa.
APPOVED, March 2, 1855.

O Be it
CLXL- ". bg the
X.-A
Ad f the or
Rdio WisorH Rs o. of doe M'e,
enacted Sewate and Hfouse orf Representatives United M h 2,185.

Rates of America in Congrews assembled That the Secretary of the


Treasury be, and he is hereby, authorized to pay to Saa Morris., wife of Saa Morim
Robert Morrisa, and only heir of the late Robert Mitchell, who was one to be paid
of the captors of the Algerine vessels taken by the American squadron$1..
under the command of Commodore Decatur, the sum of one hundred and
•twenty-three dollars and seventy-three cents, out of any money in the
treasury not otherwise appropriated.
APproveD,
Cp. March
CLX-A 2, 1855.
Ador the Refof M . eeMotl. March , 186L

Be it enaced by the Senate and House of Representativesof the United


States of America in Congress assembk d, That the Secretary of the
Interior be, and he is hereby, directed to pay to Mrs. J. Josephine pyment
to
McClellan, widow of Bryve ieutet el Johrclelaprlate o. . M -
the corps of topographical engineers, half the monthly pay to which her Cleaan &c.
said husband was entitled at the time of his death,
for five years from the
date of the deathors of s hisband;and in caof her death or inter-
marriage before the expiration of thc said tern of five years, then the

HeinOnline -- 10 Stat. 861 1849-1862


862 THIRTY-THIRD CONGRESS. Sss. IL CE. 163,164, 165,176,177. 1855.
benefits of this act shall inure, for the balance of said term, to his child or
children under sixteen years of age.
APPROVED, March 2, 1855.

March 2,1865. Gmup. CLXIIL-An Actfor the RelWfoAnna E. Cook.


Be it enaded the Senate and Bouse of RBpesentatives of the United
Anna E. Cook Sates of America in Congress asemed, That the Secretary of the
to bepension
the hereby directed to plus
plensonro, Interior is hrb lc the name of Anna E. Cook on the
at$f5permonth, pension rolls at the rate of fifteen dollars per month for five yearm cor-
for ae
from Jan. 11!2", mencing January first, eighteen hundred and fifty-four.
1854 AppzovzD , March 2, 1856.

March 2,1865. Cmu. CLXIV.-An Act for theRedef ofPete Amey, (colored man.)
Be it enactedby the Senate andHose of Representatives of the United
ePeter Amy to Sates of America in Congress assembled, That the Secretary of the
aPe Mope tInterior be, and he is hereby, authorized and directed to place the name
sio ronl at $96 of Peter Amey upon the list of invalid pensioners of the navy, and pay
par annum for to him the sum of ninety-six dollars per annum; the said pension to
1850. commence on the first day of January, eighteen hundred and fifty, and
continue during his natural life.
APPROVED, March 2, 1855.

March 2,15&5 CzAp. CLXV. - An Adtfor th Relie of Georgve W. Torreace


Be it enaced by the Seate and House of Representatives of the United
&ates of America in Congress assemle That the Secretary of War be,
W.Tor- and he is hereby, authorized and directed to pay to George W. Torrence,
GeO.
re,7to b ad out of any money in the treasury not otherwise appropriated, the sum of
one thousand five hundred and seventy-four dollars, in full compensation
for his gallant military services at the National Bridge, Mexico, on the
Jamth of September, eighteen hundred and forty-seven, and for extra-
ordinarX expenses incurred by him in consequence of wounds received
by him in the United States service.
APPROVzD, March 2, 1855.

March 8,18r. CGAp. CLXIV -An Acfor te ReiefofAndrew H. Paen.


Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembed That the Secretary of the
Andrew IL Treasury be, and he is hereby, authorized and required to pay to Andrew
Patterson to be H. Patterson, out of any money in the treasury not otherwise appro-
paid 66,80 for pritaed, the sum of six thousand eight hundred and two dollars, for mail
manl bags. bags manufactured by him under a contract with the Post-Office Depart-
ment entered into on the twenty-third of May, eighteen hundred and
forty.
APPRovED, March 8, 1855.

March S, IN5. Ow". CLXXVIL- An Adt gntis a Psont Joseph Mc rmick.


Josep - ^ .Be it enacted 4 the Senate andHouse of Representatives of the United
Jos epohb States of America in Congress assembed, That the Secretary of the
placed on pen- Interior be, and he is hereby, directed to place the name of Joseph
iton rol flfe, McCormick, of the State of Virginia, upon the invalid .pension roll, at
atS$4er month,
from Jan. , the rate of four dollars per month, to commence on the first day of
1854.

HeinOnline -- 10 Stat. 862 1849-1862


THIRTY-THIRD CONGRESS. Ss. IL .C .178,179,180,181. 1855. 868
January, one thousand eight hundred and fity-four, and to continue during
his natural life.
App-ova, March 8, 1855.

CR&P. CLXXVIIL-An Atfor Me Redsqf8pAm Lute, ofNm Yor. March 8, M5.


Be it enacted 6y the Senate and House of Repreatie of the United
ats of America in Congress asembled That the Secretary of the
Treasury do refund and pay to Stephen Lutz, of New York, out oo any
money& in the treasury not otherwise appropriated, the sum of five
huudred dollars, with interest, at the rate pf six per centum per amnum,
from the tenth day of March, eighteen hundred and fifty-one, boing the
amount paid by him for thirty-one oases, containing machinery and
apparatus for the light, or lantern of a light-house, imported into the port
of New York, in the United States, and which were, through mistake or
inadvertence, sold by publie sale, made by the direction of the then
collector of the port of New York, as being property liable to the payment
of duties, and which had remained In public gore for more than nine
months without being claimed .by any person, and on which no duties or
expenses of storage had been paid. The said Lutz having been the
highest bidder at the said sale of the said machinery and apparatus, and
the amount of lis bid having been paid into the public treasury, the
Secretary of the Treasury is authorized to refund to the said Stephen Lutz His costs and
the costs and expenses to which he was put, and did pay, in and about to be
the defence of his right and tide to thesaid machinery and apparatus so
offered for sale by the collector of the port of New York, and purchased
by the said Lutz, as aforesaid.
APPRovm, March 8, 1855.

CRAP. CLXXIX.-An Adt Ai the Bde of lAm 0. lansq, ad Ananias 0. Iftrci 8,1s85.
aa James M ggla
Be it enated b te Snae and House of Represen"ves of as United
&ates of America in Congress assemled, That the pensions now received Peons of T.
by Thomas C. Ramsey and Ananias 0. Richardson, of the State of o. y." A-
Tennessee, and James McLaughlin, of Virginia, be each increased eight 0. son
dollars per month, so that their pensions shall each be sixteen dollars per Lan in-
month, instead of eight dollars each, and that the said increase shall cresed.
commence on and be allowed from the nineteenth day of December,
eighteen hundred and ffy-four.
APPRovED, March 8, 1855.

Ow~. CLXXX -An Adt to continuee the Pension of Framm B. Baden. Marh 3,1855.
Be it enacted by the Senate and House of Representaves of the United
States of America in Congress assembed That the pension granted to Pension of
Frances E. Baden, by the act of Congress entitled "An act for the relief Frances E. Ba.
of Frances E. Baden," approved March second, eighteen hundred and den conunued.
fifty-three, be, and the same is hereby, continued for five years from the 153 OI. 86.
first day of January, one thousand eight hundred and fifMy-lve.
APPROVED, March 8, 1855.

Car. CLXXXL-- An Act for tk.e Rdief of tle eIrs ofLietenant Andmn' FlnI,. March , 1855.
Be it enacted by the Senate and Hose of Representatives of the United
States of America in Congress assemUed, That the Secretary of the
Treasury be, and he is hereby, authorized and required to pay to Nancy

HeinOnline -- 10 Stat. 863 1849-1862


864 THIRTY-THIRD CONGRESS. Szss. IL C. 182, 183 T84,185. 1855.
Payment to Hough, ftrmerly Nancy Finly, for herself and the heirs of Andrew Finly,"
Naicy £Aough. late a lieutenant in the Pennsylvania line in the continental establishment
of the war of the Revolution, one year's extra pay of a lieutenant in said
service, as promised in the resolves of Congress, out of any money in the
treasury not otherwise appropriated.
APPROvzD, March 8, 1855.

March 8,1855. Cxar. CLXXXIL -An Act for tae RBif SFerdinod lar
Be it enacted by t Senate and Rose of Representativesof the United
States of America in Congress assemed,That the duties imposed by the
act of June thirtieth, eighteen hundred and thirty-four, entitled "An act
concerning tonnage upon Spanish vessels," on the Spanish brig Conde
de Villanueva, Captain Carlos de Agao, and paid to the collector of the
Duties to be port of Charleston, in South Carolina, previous to the clearance of said
refunded to Fer- vessel from that port for Cuba, on the eleventh of September, eighteen
dinnd Ca. hundred and thirty-five, with a cargo of rice and lard, be, and the same
1884, OL. 170. are hereby, refunded to Ferdinand Clark, the owner of said brig, she
having been wrecked on the coast of Florida, on the seventeenth of the
same month, and lost, with the greater portion of her cargo.
Sze. 2. And be it furtherenacted That the amount hereby refunded
to the said Ferdinand Clark ahall be paid out of any moneys in the treas-
ury not otherwise appropriated.
Aprnovzn, March 8, 1855.

March 8,1855. CEAp. CLXXXIIL -An Act for the RBlkf o Aew & A.A..n, of the Territy 9f

Be it enacted fythe Senate andHouse of Repr ves of the United


States of America in Congress assembled That the Secretary of the
T. B Johason Treasury of the United States be required to cause to be paid to Thomas
Wag- S. J. Johnson, out of any money in the treasury not otherwise appropriated,
Ithe sum of four thousand and eight hundred dollars, in full compensation
,for thirty-two wagons, the property of the said Thomas S. J. Johnson,
taken by the officers of the United States army, and appropriated to
necessary public use.
APPRovED, March 8, 1855.

Mah 8 185. Cn". C XXIV.-A Ad -fo e R f of ian Peae.


Be it enacted by the Senate and House of Reprentatives of the United
Sates of America in Congre assembed, That there be, and is hereby,
Titian B.Peale appropriated, out of any money in the treasury not otherwise appro-
to be pd priated, the sum of seventeen hundred and eighty-two dollars and twenty
cents, to be paid to Titian R. Peale, of Philadelphia, or his legal repre-
sentative, in full payment for the losses which he sustained of his private
property when wrecked in the United States ship Peacock, at the mouth
of the Columbia River.
ArmovD, March 8, 1855.

March 8, 18. C". CLXXXV.-An Atfor t e fof the Heirs of Tkoas Park,deoee£L
Be it enacted by the Senate and Hos of Representatives of the United
States of America in Congress assemble That the Secretary of the
P'ayet t0 Treasury be, and he is hereby, authorized to pay to the legal represent-
reppeaentatives atives of Thomas Park, deceased, out of any money in the treasury not
oT.mas Park otherwise appropIated, the sum of eight hundred dollars, said sum of
eight hundred do abeing the amount and value of certain sails and

HeinOnline -- 10 Stat. 864 1849-1862


THIRTY-THIRD CONGRESS. SEs. II. Co. 186,187,188,189. 1855. 865

rigging sold by the said Thomas Park to Captain Harding, as agent of


the United States, during the revolutionary war: Povi&d, that the said
,sum shall be received in full of all demands against the government on
'is.account.
ApriRovz, March 8, 1855.

CaBr.CXXXVL-AnActforde iefofJhLHemier. - ach 8, 15.


Be it enacted bg the Senate andHouse of Representatine of to United .. A.
States of America in Cogess assemUA That the Secretary of the Heminer to be
Interior cause the name of Jeptha L. feminger to be placed upon the ptea oL..
roll of invalid pensioners, and to pay him at the rate of eight dollars per i -out f,
. ibeat 08 J9
Per
.4month,
1%&
month during his natural life, commencing on the first of January, eighteen
hundred and fifty-three.
APPRovz, March 8, 1855.

OCap. CLMXVI -An Act for thi BWfof Fr=ln £as Marh 8, 185.
7
Be it enacted ae Seate and House of Reprosentatiies of th United
States of America in Congress assern& That the Secretary of the
Treasury be authorized and directed to adjust and settle the claim of Settementof
Franklin Chase, for a share of the proceeds of the sale of the schooner accomt of
Oregon and cargo, seized and confiscated in the month of April, eighteen Fnakn Cha.
hundred and forty-eight, under the President's regulations of the first of
March, eighteen hundred and forty-seven, at the port of Tampico, during
the war with Mexico, and to pay the amount of said claim, out of any
money in the treasury, arising from military contributions collected in
Mexico, in pursuance of the regulations of the President before referred
to, not exceeding the colleetor's share: Proided,That before any money Proviso.
is paid in this case, any claim submitted by the owners of the vessel
ore mentioned, for the remission of the penalty and payment of the
proceeds under the confiscation, shall first be duly examined and decided
by the Secretary of the Treasury, under the direction of the President
of the United States.
A-PovziD, March 8, 1855.

Ca. CL=XVIIL- An Adtfor te Reef of Pad . idpeq, of Ohio. Marh 3, 185.


Be it enacted by the Senate and House of.Representatives of te United p. s. mwgway
Stas of America in Congress assembed, That the Secretary of the Inte- to be plead., on
rior is hereby required to place the name of Paul S. Ridgway, of Ohio, frs
p1
upon the pension roll, and cause to be paid to him the sum of eight mouhtfromue
dollars per month for and during the term of his natural life, comnqencing 1,85CO
June first, one thousand eight hundred and fifty-four.
APPRovED, March 8, 1855.

COAP. CLXXXZL - A Act fr th R ' f f the Le9a Repawive of Waia. A. mh , 1sWs.

Be it enadedby the Senate and House of Reresentatives of the United


&ates of America in Congress assembled, That the proper accounting
officers of the treasury are hereby directed to allow to Purser William W. . cha,
uim to 2,64&74
A. Christian, in the settlement of his accounts, the sum of two thousand lowed be al-
six hundred and forty-three dollars and seventy-four cents, being. the inhis acount.
amount disallowed him in former settlements of his accounts for paymets
made to the warrant officers of the United States steamship Princeton.
APPROVED, March 8, 1855.
VOL. X. Pnwv. - 109

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866 THIrTY-THIRD CONGRESS. Sus. IL On. 190; 191,192,198. 1855.
March 8,18N. CQ p. CXC. -An Act/or the Reif of Anise I'e of Braintrss assahusdts
Be it enacted by te Senate and Home of Representatives of the United.
Jesse French State. ofAmerica in Congress assembed, That the Secretary of the Inte-
to be placed on
pension roll for nor be hereby instructed to place the name of Jesse French on .tr
life, at $4 _Per pension roll, at the rate of four dollars per month, commencing on the
m1o nt,.m an first day of January, eighteen hundred and fifty-two, to be continued
1,...2. during his life.
APPRovzD, March 8, 1855.

March 2,15. Cxp. CXCl-A Adt to amed an At enitkd "An Actfr the R f Gy M.
1 Bode, ofte State of Indiana," appv-d Auustfiv, eightesm hasr aafiftifour.
18eH,oh. 266.

State of America in Congress assembld, That no payments shall be


Pension of made to George M. Bentley after the fourth March, eighteen hundred
.eore M. enOt- and fifty-five, under an act entitled "An act for the relief of George M.
ley. Bentley, of the State of Indiana," approved August five, eighteen hundred
18 4, oh. 266. and fifty-four, until the claim and the right to a pension of the said Bent-
ley shall have been presented to the Commissioner of Pensions, supported
by evidence, and by said commissioner approved and allowed under the
rules and regulations governing the examination and allowance of invalid
pension claims for disabilities contracted in the Mexican war.
APPOVED, March 8, 1855.

March 8, 1865. Or". CXCII.- An Actfor the Mis/of Mrs. Irne G. SawittL
Mrs. Irene G. Be it enacted k the Senate ad Howe of'1?epresentaives of Me United
Searritt to be "tates of America in Congress assembled, That the Secretary of the Inte-
placed on
widow'shalf-l~ rior be, and he is hereby, directed to place the name of Mrs. Irene G.
roll forSfvetyea, SearrTtt widow of J. X Scarritt, deceased, late an officer in the United
at $26per month States army, upon the list of widows entitled to half-pay, and pay her
fm .iuly 1, the sum of twenty-five dollars per month, commencing on the first day of
July, eighteen hundred and fifty-four, and continuink for five years:
Provi*. Provided,That in case of her death or intermarriage before-the expira-
tion of said term of five years, then the pension hereby granted shall
inure to the benefit of the child or children of said J. M. Scarritt,
deceased, under sixteen years of age, if such there be: and if there be
none such, then the same shall cease.
APePRovzD, March 8, 1855.

March 8,15I5. CmAP. CXCM. -An Act for the RW efoMadalena Van Ness, widoto of Cmeu P.
Van Ness, deceased.
Be it enacted by the Senate and Houe of Represenwaivi of te United
Mrs. M.Van States of America in Congress assembled, That the sum of nine thousand
Ness to be paid dollars, out of any money in the treasury not otherwise appropriated, be,
$9,000. and the same is hereby, appropriated, to be paid to Mrs. Madalena Van
Ness, widow of Cornelius P. Van Ness, deceased, in consideration of
services rendered by the said Cornelius P. Van Ness, in the seizure of
goods imported into the district of Vermont, in violation of the laws of
the United States, during the years eighteen hundred and thirteen and
eighteen hundred and fourteen, while he was collector of the customs for
said district, and for which service he did not receive the award provided
by law in such cases.
APrrovzD, March 8, 1855.

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THIRTY-THIRD CONGRESS.. Sxss. IM CH. 194,195,196,197 1855. 867

CHAP. CXCIY.-An Act for the Reiefof James Hoktin. March 8, 185.
Be it enacted by the Senate and House of Representatives of the United
&tatesofAmerica in 0ongress assemUed, That James Holstin, of Indiana,
be, and he hereby is, authorized to enter in legal subdivisions, free of sames Hoistin
cost, one hundred and sixty acres of any of the public lands of the United authorized to
States subject to private entry at the rate of one dollar and twenty-five . certain
cents per acre; and, upon the return of a certificate therefor by the
legally constituted officers, the Commissioner of the General Land-Office
shall issue a patent in favour of said Holstin for the land so entered:
Provided, That the same shall be in full satisfaction for losses sustained Proviso.
by said Holstin on account.of the erroneous location made by him with
military bounty-land warrant number eight thousand seven hundred and
eighty-two, at the Vincennes land-office, on the first day of February,
eighteen hundred and forty-eight.
Ap' tovD, March 8, 1855.

CEAL.CXCV. -An At for do ReliefoftAs WVidow of I. Irving, dem& W karh


8,1L5
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assesnbed, That there be allowed and
paid out of any money in the treasury not otherwise appropriated, to to Sarah ring
Sarah Irving, the widow of Wifliam Irving, deceased, the sum of four bepaid
hundred and sixty-six dollars and sixty-seven cents, in fall for the services
of said Irving as acting superintendent of the Census Department, in
addition to the amount which he has already received as clerk of the said
department, for and during the same period that he discharged the duties
of superintendent of said department.
AP-PROVED, March 8, 1855.

CHp. CXCVL -An Act for the RBelfofMrs. Nanyc , tr W, Widowof Cond March 8,18W.
Win. Weateord, of the Fvst Pegiment Illinois V wer in the Maxim War.
Be it enacted by the Senate and House of Representatives of the United
Stazte. of Anerica in Cogress assembled, That the Secretary of the Interior Nancy Weath-
be, and
dow he is hereby, directed to
of WiliamWeatherford, place the name of Nancy Weatherford, wi- erford to be
colonel of the first regiment Illinois volunteers dne ° t
Sg0
pfo
in the Mexican war, upon the rll of pensioners of the United States, and ]er month, rar
month, to commence on the day of
thirtydollars
of Colonel perWeatherord, and continue fort've
pay
the death thesum
to herofthe said William

year : Provded, That she shall be entitled to the benefit of any general Provis
act of Congress which may hereafter be passed, extending or continuing
the half-pay of widows, as if she had been placed on the pension roll
under the provisions of the act entitled "An act amending the act entitled
' An Act granting half-pay to widows or orphans, where their husbands
andlfathers have died of wounds received in the military service of the
United States,' in case of deceased officers and soldiers of the militia and
volunteers, passed July fourth, eighteen hundred and thirty-six," approved 104s, ch. 10.
July twenty-one, eighteen hundred and forty-eight.
APPROVED, March 8, 1855.

Czw. CXGVIL-An Ad for t Rdief of L. B. Lyon, and Dean S. HOwA of 3bcih S, 1ss.
tMeState of New York
Be it nacted by the Senate and House of Representatives of the United
Sates of America in Congress assembed That the Secretary of the Treas-
ury of the United States cause to be paid to L. &.Lyon, and Dean S. L Paynent to
Howard, late partners under the name and style of Lyon and Howard, of rd for ddgig
the State of New York, or to their legal representatives, out of any money machine.

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868 THIRTY-THIRD CONGRESS. Sss. IL CH. 205. 1855.
in the treasury not otherwise appropriated, the sum of eight thousand six
hundred and seventeen dollars, and eighty-one cents, in full for the bal-
ance due them for constructing a dredging machine at Whitehall, New
York, under contract entered into on the second day of November, eigh-
teen hundred and thirty-six; and a dredging machine to be delivered 'at
Monroe, in the State of Michigan, by contract entered into on the fifteenth
of October, eighteen hundred and thirty-six.
A.provED, March 8, 1855.

Jan. m1, 1s5. On. CCV.-An Ad r Me of wlrio Vicd Admfinrator of Jme k


cawe, suvivr of Le (7= and MVWet
Be it enacted by the Senate and Hoe of Representatives of the United
F. Vincent ates of .Ametica in ~mgre assembled, That the Secretw of the
admntstrator of Treasury be, and he is hereby, directed to pay to Frederic Vincent,
I le C-e, tobe administrator of James le Caze, the sum of four thousand eight hundred
'ith htM' and ninety-six dollars and eighty-two centswhich sum appears to be due
fom Dea. 81, to him on the books of the treasury for advances made to the government
ls"6 of the United States, in the year seventeen hundred and eighty-three ;
Provide, That the same shall be received in full of all demands against
the Government on this account.
ApPOv-D, January 81, 1865.

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' IRT'-TBIRD CONGRESS. Sss. Ir, Rus. 1, 8, 8,10. 1855.

RESOLUTIONS.

[No.'.] Joit ResduamfortwasPdiefoftaeCa of akia n.= P.-owr,.d . Dec. 14, JL


oReeoked 4F Me Senate and Bou of Represetatives of the United
States of America in Congress assembhd, That the proper officer be, and
he is hereby, directed to pay to the administrator of Captain Thomas Psymeit to
Porter, deceased, out of the.money appropriated for the payment of aminsbtrator of
invalid pensions, the amount of pension due the said Captain Thomsis Capt. Thomas
Porter, on the day of his decease, by virtue of an act of Congress, passed Porter.
on the fifth day of August, eighteen hundred and fifty-four, to be, by the 864, Oh. 250.
said administrator, distributed to the children of the said Captain Thomas
Porter, in the same manner as arrearages of pensions are distributed to
the children of deceased pensioners.
APPROV D, December 14, 1854.
(Nqo. Joit slaor
8] te eaentof.oOla f DataJua J"n.V'gi -fNoe D.ec.19, 1554.
INO-3-1 eM.dec.
Resoed by the Senate and House of R rentatives of the United
States of America in ongres asembe That the Secretary of War
be, and he hereby is, authorized to cause to be audited the claim of Don Clabn of Don
°
Juan Jesus Vigil, for a flock of sheep seized from him by a detachment JJdV:t be
of troops in the service of the United States, in the month of January, paid.
eighteen hundred and forty-seven; and to make compensation to him for
so many of said sheep as may have been used by said troops, or were lost
to the owner in consequence of said seizure: Provided,That the whole proio
amount of compensation allowed shall not exceed the sum of nine thousand
dollars, and that the justice and equity of the allowance be established to
the satisfaction of the auditing officer and the Secretary of War; and the
amount so allowed shall be paid out of any money in the treasury not
otherwise appropriated.
A.PROVED, December 19, 1854.

[No. 8.1 .bTit Besutwon for d RiofWq(Lieutenant J. 0. Cartr. Feb. 185ssL


Be it resolved by the Senate and House of Representatives of the United'
States of America in Congress assembled, That, in the settlement of his
accounts, Lieutenant J. C. Carter shall be allowed such expenses as were Settleent of
incurred by him whilst acting as purser on board the ship Massachusetts, accounts of Ut.
undergoing repairs at San Francisco: Provided,the amount shall not J - C.Ctert.
exceed the sum of one thousand eight hundred and sixty-nine dollars and
five cents.
APRov=D, February 18,1855.

[No. 10.] JointReos plaao


w of the Ad givhv Compenaton to Judges Wood. Feb. 11,285L
bridge and Chipmnan
Be it resolved &h Senate and House of Representative. of the Uniud
States of America in Congress assembled, That ehapter one hundred

HeinOnline -- 10 Stat. 869 1849-1862


870 THIRTY-THIRD CONGRESS. Szos. II. Rz. 11, 12, 15, 16. 1855.
Juldges Wood- and eighty, of the private acts of the first session of the thirty-third Con-
of Compensation
bridgeand Chip. gress, entitled "An act to provide compensation for the services of George
man. Morell, in adjusting titles to land in Michigan," approved August one,
is54, ch. 1i0. eighteen hundred and fifty-four, be construed so as to give to Judges
Woodbridge and Chipman, named in said act, the compensation therein
provided, only from the date of the termination of their appointments, as
such judges.
APPRovnn, February 17, 1855.

Feb. 24,1855. [No. 11.] A Rsolt'onfor the Rdief of Rebecos Evinon.


Resolved b the Senate and Homse of Representatives of the United
Settlement of &ates of .America in Congress assembed, That the United States Dis-
suit against 111 titAtone o
f
ofWo trier Attorney for the district of Ohio, is hereby authorized to settle the
on payment of suit pending in the circuit court for said distrie against the bail of
81,000 and cosat Otho Hinton, and to discharge the bail bond upon' the payment of one
thousand dollars, and the taxable costs of said suit.
ApptROVID, February 24, 1855.

Feb. 24, 1855. [No. 12.] Jodt Resdution in favor of Wiiwn Aonagan
Be it resolved by tae Senate and -ouse of of the United
*esentadves
States of America in Congressassembled,That the Secretary of the Tress-
Win. Monagan, ury pay to William Monagan thirty-six dollars and -fifty cents, it being
payment t one fourth of the moneys awarded by the umpire on the claim of Martin,
Sherlock, Monagan, and McCartney, reported to the twenty-third Con-
gress at their first session.
APPROVED, February 24, 1855.

Moa By1855. [NO. 15.] Joint Resoutio fw or


theRe of Geomp W. HecCerren.
Be it resolved by the Snate and Hose of Representatives of tAe United
States of America in Congress assembled, That the Secretary of War
.ettlement of is hereby authorized to adjudicate and settle the claim of George W. Mc-
claim Of GeO. W.
MoCerren. Cerren, for such bread, beans, and pork, or bacon, in barrels, as were
taken out of the possession of said McCerren, in eighteen hundred and
forty-seven, by order of the tommanding officer of the United States army
in command at Brazos St. Jago, and used in the construction of Fort
Harney; and that the value of said articles or provisions, when ascer-
tained by the Secretary of War, be paid to the said George W. McCerren,
out of any moneys in the treasury not otherwise appropriated.
APPROvrnD, March 8, 1855.
A

March 8,185. [No. 16.] Joi Reso to payte Penson due Jame Oapen to his AcW'hrtor.
Whereas, at the last session of Congress, an act was passed granting a
1854, oh. 167. pension to James Capen, of eight dollars per month, commencing on the
fourth day of March, eighteen hundred and fifty-one, who is now dead,
and in order to secure said pension to his representatives,
Resolved by the Senate and House of Representatives of the United
Payment of Sates of America in Congress assembled, That the proper officer is
pendonofJames hereby directed to pay to the administrator of James Capen, deceased,
Uspean to his out of the money appropriated for payment of invalid pensions, the amount
admtntrator. of pension due the said Capen by act of Congress of fifth day of August,
184 oL. 26. eighteen hundred and fifty-four.
APPRovzv, Marsh 8, 1855.

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THIRTY-THIRD CONGRESS. Szss.IL Rzs.17,18,19,20, 2L 1855. 871
[No. 17.] A Resohaion explmiobry of an Acd entidet "An Act for theRsieofAbiga Marh8, 1855.
,taford."
Resolved by te Senate and House of Representative. of the United
States of Anerica in Congress asembied,That in making payment under Amendmentof
the act of Congress entitled "An act for the relief of Abigail Stafford," act Of 1858,
the Secretary of the Treasury is hereby directed to settle the same in ch85.
conformity with the resolution passed by Congress on the third day of
June, seventeen hundred and eighty-four.
ApPitOVzD, March 8, 1855.

[No. 18.] Joit ewsoltionj forthe FidAdjustment of ths Account of John D. Nouesnl. March 8,1856.
Be it resolved by the Senate and House of Reresentatives of the United
States of America in Congressassembled, That the Postmaster-General be
directed to cause the account of John D. Colmesnil, President of the Ohio Re~xamhation
and Mississippi Mail Line Company, to be reexamined, for -the purpose of accounts of
John D. Col-
of determining whether any further compensation is due, in law or equity, meeni."
to said John D. Colmesnil, and to pay to him such sum as may be ad-
judged to be due, for the use of himself and associates, out of any funds
in the treasury appropriated to the transportation of the mails; the decision
of the department being subject, as in all other eases, to the proviso of
the eighth section of the act of July second, eighteen hundred and thirty- 1886, h. 27O.
six, entitled "An act to change the organization of the Post-Office De-
partment, and to provide more effectually for the settlement of the accounts
thereof."
Appuovzn, March 8, 1855.

[No. 19.] JointResdtionforthe Reief of James Egyles. March 8, 1855.


Be it resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the Secretary of War is
hereby authorized to adjudicate and settle the claim of James Hughes, of Settlement of
Madison county, Tennessee, for such clothing as was furnished by him to a ""' of James
company of volunteers engaged in the Seminole war, commanded first by Huhes.
Captain Alexander B. Bradford, and afterwards by Captain Jesse Me-
Mahon, and that the value of said clothing, when ascertained by the
Secretary of War, be paid to the said James Hughes, out of any moneys
in the treasury not otherwise appropriated.
.AppnovnD, March 3, 1855.

[No. 20.] Jont Reslutionfor the Relief of Jod Hen"s Dyer. Mrch 8,1855.
Be it resolved by the &nate and House of Representatives of the United
States of America in Congress assembled, That the proper accounting offi-
cers of the treasury pay to Joel Henry Dyer, who was a private in Cap- Joel H Dyera
tam Alexander Baler's company of Tennessee volunteers, in the Sem- to be aid
$820.4, less his
inole war, the sum of eight hundred and twenty dollars and forty-three pay as a soldier.
cents, in full satisfaction for the services of said Joel Henry Dyer as
judge-advocate in the regiment, in said war, commanded by Colonel Alex-
ander B. Bradford, less the amount which has been paid said Dyer for
his services as a private in said company.
ArPROVED, March 8, 1855.

[No. 2 1.1 JointResolution for the Relief of John Dugan. March 8,1855.
Be it resolved ay the Senate and House of Representativesof tm United
Sates of America in Congress assembled, That the Secretary of the In.

HeinOnline -- 10 Stat. 871 1849-1862


872 THIRTY-THIRD CONGRESS., Szes. IL Rs. 22. 1855.
John Dugan to teror issue to John Dugan, late a private in Company C, Mississippi
,an volunteers, in the Mexican war, a -bounty-land warrant fbr one hundred
tyTad"warnt, and sixty acres of land; and also that the proper accounting officer of the
Treasury Department pay to said John Dugan the arrears of pay and
extra pay that would be due to himas though it had not been marked
opposite his name on the rolls of said company, "absent without leave.'
Ap1'uovzD, March 8, 1855.

March 8,1865& [No, 22.] Joitw eoluionafor do.Relif of C7ark 2(87La


Resolved 4 the &nate and House of Rftae of tw United
Adv-ee to States of A.merica in Congres assemeld, That .the President of the
gawk M'Dfr' .nited States cause the sum of five thousand dollars to be advanced to
state. Clark Mills, in addition to the sum already advanced out of the fiftythou-
sand dollars appropriated by the act of January twenty-fifth, eighteen hun-
dred and fifty-thre,." To erect at the Capitol of the nation an equestrian
1868, ch. go. statue of Washington," on the personal application and receipt of the said
Mills.
AETROYID, March 8, 1855.

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TREATIES.

HeinOnline -- 10 Stat. i 1849-1862


HeinOnline -- 10 Stat. ii 1849-1862
LIST OF THE TREATIES
PUBLISHED IN THIS VOLUME.

PAGE

With Guatemala, March 8, 1849 ...................................................... 873


With San Salvador, January 2, 1850 ...................... ....
With New Grenada, May 4,1850 ..................................................... 900
With Borneo, June 28, 1850 .......................................................... 909
With Portugal, February 16, 1851 .............................. .................... 910
With Costa Rica, July io, 1851 ..................................................... 916
With Peru, July 26, 1851 ............................................................ 928
With the Sioux, July 23, 1851 ....................................................... 949
With the Sioux, August 5, 1851 ..................................................... 954
With Hamburg, Bremen, and Lubeck, April 80, 1852 .................................... 961
With Prussia, 8.c., June 16, 1852 .............................. I ...................... 964
Accession of Bremen ........................................................ 970
Mecklenburg Strelits ........................................... 970
W urtemberg ............................................................... 971
Mecklenburg Schwerin ..................................................... 971
Oldenburg .................................................. .............. 971
Schaumburg Lippe ......................................................... .972
With the Chickasaws, June 22, 1852 ................................................. 974
With the Apaches, July 1, 1852 ..................................................... 979
With the Netherlands, August 26, 1852 ................................................ 982
With Great Britain, February 8, 1858 ................................................ 988
With France, February 23, 1853 ...................................................... 992
With Argentine Confederation, July tO, 1853 ..................... 0....
101
With Argentine Confederation, July 27, 1853 ........................................... 1005
With the Camanches, July 27, 1853 .................................................. 1013
With the Rogue River Indians, September 10, 1853 ......... .................... 1018
With Bavaria, September 12, 1858 .................................................... 1022
With the Cow Creek Indians, September 19, 1853 ....................................... 1027
With Mexico, December 30,1853 ..................................................... 1031
With the Ottoes and Missourias, March 15, 1854 ........................................ 1038
With the Omahas, March 16, 1854 .................................................... 1043
With the Delawares, May 6, 1854 ..................................................... 1048
With the Shawnees, May 10, 1854 .................................................... 1053
With the Menomonees, May 12, 1854 ............................................... 1064
With the Ioways, May 17, 1854 ...................................................... 1069
With the Sacs and Foxes, May 18, 1854 ..................... ....................... 1074

HeinOnline -- 10 Stat. iii 1849-1862


iv LIST OF TREATIES PUBLISHED IN THIS VOLUME.
With the Kiekapoos, May 18, 1854 .................................................... 1078
With the Kaskuskias, &c., May 80, 1854 ............................................... 1082
With Great Britain, .Tune 5, 1854 ..................................................... 1089
With the MiAmis, Jame 5, 1854 ....................................................... 1098
With Lew Chew, July 11, 1854 ....................................................... 1101
With Great Brtan, July 17, 1854 ............................... % ..................... 1101
With Russia, July 22,,154 ........ f ................................................. 1105
With the Chlppewas, September 80, 1854 .............................................. 1109
With the Cbodaws and ChIokesaws, November 4, 1854 .................................. 11l
With the Rogue River Indians, November 15, 1854 ............................ 1119
With the Chastas, &c., November 18, 1854 ............................................ 1122
With the Umpquas and Calapooias, November 29, 1854 ................................. 1125
With the Ottoes and Missouries, December 9, 1854 ............. I ..................... 1130
With the Nisquallys, &e., Deoember 26, 1854 ........................................... 1182
wlth Hanover, January 18, 1855 .......... ...... ........................ 1188
With the Willamette Indians, January 22, 1855 ........................................ 1143
With the Netherlands, January 22, 1855 .................................... 1150
With the Wyandots, January 31,1855 ................................................. 1152
Wit the Chippewa, February n, 1855 ................................................ 1165
Withthe Winnbagoes, February27, 1855 .................................. 1172

HeinOnline -- 10 Stat. iv 1849-1862


TREATY WITH GUATEMALA. MAzOc 8,1849.

TREATIES.

BY THE PRESIDENT OF THE UNITED STATES OF AWMEICA. K b 8, -im.

A PROCLAMATION.
WzBzU.&s, a General Convention of Peace, Amity, Commerce, and
Navigation between the United States of America and the Republic of
Guatemala, was concluded and signed in the City of Guatemala, by
their respective Plenipotentiaries, on the third day of March, in the year
of our Lord one thousand eight hundred and forty-nine; which Conven-
tion, being in the English and Spanish languages, is, word for word, as
follows:
Mawuao PAwDzs, Presidente interino de Is Repfibliea de Guate-
mala
Por cuanto entre la Repfiblica de Guatemala y los Estados Unidos de
Am6rica se ha concluido y firmado en esta capital el dia tres del corn-
ente mes de Matzo, por medio de Plenipotenciarios suficientemente
autorizados per ambas part6s, un tratado de amistad, comereio, y navi-
gacon que se compone de un preambulo y treinta y tres articulos, cuyo
tenor, palabm por palabra, es el siguiente. -
Grneraonvention fPeace,Amit, Convwion General de Paz, A rs-
Commerce, and Ncigation, be- tad, Comercio, y/ Naiqgacion,
tween the UnitedStates of America entre los letados Uidos do
and ta Republic of Gatemala. Amiicap y a Repidblica do
Guatema&l
The United States of America Los Estados Unidos de Am6Aca Preamble.
and the Republic of Guatemala, de- y la Repfiblica do Guatemala,; de-
siring to make firm and permanent seando hacer firme y permanente Ia
the peace and friendship which paz y amistad que felizmente existe
happily prevails between both na- entre ambas potencias, han resuelto
tions, have resolved to fix, in a man- fijar, de una manera clara, distinta,
ner clear, distinct, and positive, the y positiva, ls reglas que deben ob-
rules which shall in future be re- servar, religiosamente, en lo veni-
ligiously observed between the one dero, por medio de un tratado 6
and the other, by means of a treaty convencion general de paz, amistad,
or general convention of peace, comercio, y savigacion.
friendship, commerce, and naviga-
tion.
For this most desirable object Con este muy deseable objeto, el Negotiatler.
the President of the United States Presidente de los Estados [Unidos)
of America has conferred full pow- de Amn6rica ha conferido plenos
ers on Elijah Hise, charg6 d'affaires poderes & Blias Hise, Encargado
of the United States near this re- de Negocios de los Estados Unidos
public, and the Executive Power en esta Repfiblica, y el Poder
of the Republic of Guatemala on the Ejecutivo do la Repfblica de Gua-
Sr. Ldo. D. Jos6 Mariano Rodri- temala al Sr. Ldo. D. Jos6 Mariano
guez, Secretary of State and of the Rodriguez, Secretario de Estado y
Department of Foreign Relations, del Despacho del Relaciones Ex-
who, after having exchanged their teriores, quienes despiies de haberse
VOL. X. T RAT.-110

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TRF.ATY WITH GUATEMALA. )Is(x 8, 1849.
said full powers in due and proper cangeado sus espresados plenos po-
form, have agreed to the following deres en debida y buena forms, han
articles: convenido en los articulos signien-
tes:

ARICLE L ARcuimo L
Peace and There shall be a perfect, firm, Habri una paz perfecta, firme, y
vidrfor! pro- and inviolable peace and sincere inviolabl6, y amistad sincera entre
friendship between the United Ia Republica de Guatemala y los
States of America and the Repub- Estados Unidos de Am6rica, en
lic of Guatemala, in all the extent toda la estension du sus posessiones
of their possessions and territories, y territorios, y entre sus pueblos y
and between their people and citi. ciudadanos respectivamente, sin dis-
zens, respectively, without distinc- tincion de persona. ni lugares.
tion of persons or place.

ARTICLE 11. .Auxuo IM


Favor gmt. The United States of America La Repablica de Guatemala y
ed by either to and the Republic of Guatemala, de- los Estados Unidos de Am6rica,
other nations to deseando vivir en paz y armonia
be irnted to siring to live in peace and harmony
each other. with all the other nations of the con las demas naciones de Ia tierra,
earth, by means of a policy frank por medlo de una politica franca y
and equally friendly with all, engage igualmente amistosa con todas, se
mutually not to grant any particu- obligan mutuamente i no conceder
lar favor to other nations, in re- favores particulates I otras nacione
spect of commerce and navigation, con respecto i comerio y naviga-
which shall not immediately be- cion, que no se hagan inmediata-
come common to the other party, mente comunes i6uns fi otra, quien
who shall enjoy the same freely, if gozar& de los mismos libremente,
the concession was freely made, or si Is concesion fuese hecha libre-
on allowing the same compensation, mente, 6 prestando Ia misms coin-
if the concession was conditional. pensacion si Ia concesion fuere con-
dicional.

ARTICLE I. AnTicuLo III.


igmhto navi- The two high contracting parties, Las dos altas partes contratantes,
gate and trade, being likewise desirous of placing deseando tambien establecer el co-
maut" the commerce and navigation of mercio y navigacion de sus respec-
their respective countries on the tivos paises sobre las hberales bases
liberal basis of perfect equality and de perfecta igualdad y reciprocidad,
reciprocity, mutually agree that the convienen mutuamente, que los ciu-
citizens of each may frequent all dadanos de cads una podrin fre-
the coasts and countries of the cuentar todas las costas y paises de
other, and reside and trade there in la otra, y residir y traflcar en ellos
all kinds of produce, manufactures, con toda clase de producciones,
and merchandise; and they shall manfacturas, y mercaderias, y go-
enjoy all the rights, privileges, and zarfn de todos los derechos, privile-
exemptions in navigation and com- gios y exenciones, con respecto i.
merce which native citizens do or aavigacon y comercio que gozan 6
shall enjoy; submitting themselves gozarin los ciudadanos nativos, so-
to the laws, decrees, and usages metiendose 6. Ias leys, deeretos y
there established, to which native usos establecidos, i que estan an-
coastbng trade citizens are subjected, But it is g tos dichos ciudadanos nativos.
excepted. understood that this article does not erc debe entenderse que este ar-
include the coasting trade of either ticulo no comprende el comercio de
country, the regulation of which is costa de cads uno do los dos paises,

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TREATY WITH GUATEMATA. MERH 8, 1849.
reserved to the parties, respectively cuys regulacion es reservda d& las
according to their own separate partes respectivamente segun sus
laws. propias y peculiares leyes.

ARTiCLz Iv. ARTIOuLo IV.


They likewise agree that what- Convienen igualmente que qual- The same pri-
ever kind of produce, manufacure, esquiera ele de producciones, man- vniege to begiO-
or merchandise of any foreign coun- ufaeturasymercaderiasestrangeras of" C, the ion
each nation
try can be from time to time law- que puedan ser en cualquier tiempo by the other,
fully imported into the United legalmente introducidas en los Es_ tht the other
gives to its own
States in there own vessels, may tados Unidos en sus propios buques, ,e .o
be also imported in vessels of the puedan tambien ser introducidas en
Republic of Guatemala; and that los buques de Ia Repfblica de Gua-
no higher or other duties upon the temala, yque no se impondrin 6
tonnage of the vessel or her car- cobrarfin otros 6 mayores derechos
go shall be levied and collected de tonelada 6 por el cargamento,
whether the importation be made ya sea que la importacion se haga
in vessels of the one country or of en buques de Ia una 6 de la otra.
the other; and, in like manner, that De la misma manera quo cuales-
whatever kind of produce, manu- quiera elase de producciones, manu-
facture, or merchandise of any fo- facturas, y mercaderias estrangeras,
reign country can be from time to qua puedan ser en eualquier tiempo
time lawfully imported into the Re- legalmente introducidas en la Re-
public of Guatemala in its own yes- pfibfica de Guatemala en sus popios
sels, may be also imported in yes- buques, puedan tambien ser intro-
sels of the United States, and that ducidas en loebuiques delos Estados
no higher or other duties upon the Unidos, y que no se impondrin 6
tonnage of the vessel or her car- cobrarfn otros 6 mayores derechos
go shall be levied and collected, de tonelada 6 por el cargamento,
whether the importation be made ya sea qua la importacion se haga
in vessels of the one country or of en buques de launa 6 de la otra.
the other. And they further agree, Convienen ademas quo todo lo quo
that whatever may be lawfully ex- pueda ser legalmente esportado 6
ported or regxported from the one re-esportado de uno de los dos paises
country in its own vessels to any en sus buques propios para un pais
foreign country, may be in like estrangero, pueda de in misma ma-
manner exported or refxported in nera ser esporthdo 6 re-esportado
vessels of the other country. And on los buques del otro. Y los mis-
the same bounties, duties, and draw- moes dereehos, premlo, [premiosi y
backs shall be allowed and collect- discuentos, se concederinycobrain,
ed, whether such exportation or re- ya sea qua tel esportacion 6 re-
exportation be made in vessels of. esportacion se hags en buques de
the United States or of the Republic los Estados Unidos 6 de la Re-
of Guatemala. pfbliea de Guatemala.

ARTiOLU V. ARTiCULO V.
No higher or other duties shal No so impondrin otros 6 mayo- No dtis1m-
be imposed on the importation into res derechos sobre In importacion catln1 duties to
the United States of any articles decualesquiera articulo, produccion p d 0 the
the produce or manufactures of 6 manufaetura de la Republiea de country.
the Republic of Guatemala, and no Guatemala en los Estados Unidos,
higher or other duties shall be im- y no se impondrin otros 6 mayores
posed on the importation into the derechos sobre Ia importacion do
Republic of Guatemala of any arti- cualquier articulo, produccion 6
cles the produce or manufactures manufactura de los Estados Unidos
of the United States, than are or on Is Repfiblica de Guatemala, quo
shall be payable in like articles los quo se pagan 6 pagarin en ade-

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TREATY WITH GUATEMALA. MARcH 8, 1849.
being the produce or manufactures lante por iguales articulos,- produc-
of any other foreign country; nor cion, 6 manufactura de cualquier
shall any tigher or other duties or pals estrang6ro; ni si impondrin
eharges be imposed in either of the otros 6 mayores derechos 6 cargas
two countries on the exportation of en cuslquiera de los dos paises,
any articles to the United States or sobre Is esportacion de ouaiquier
to the Republic of Guatemala, re- articulo para los Estados Unidos 6
spectively, than such as are payable par la Repfiblica de Guatemala,
on the exportation of the like arti- respectivamente, que los que se
cles to any other foreign country; pagan 6 pagarhn en adelante por
nor shall any prohibition be impos- Iaesportacion de iguales articulos
ed on the exportation or importa- para cualquiera otro pais estran-
tion of any articles the produce or gre; ni se estables~cer.prohibicion
manufactures of the United States sobre la esportacioi" 6 importacion
or of the Republic of 4uatemala, to de cualquier artdculo, produccion 6
or from the territories of the United manufactura de los territorios do
States, or to or from the territories los Estados Unidos para los. de la
of the Republic of Guatemala, Repfblica do Guatemala, 6 de los
which shall not eqvally extend to territorios de Ia Republies de Gua-
all other nations. temala pars los de los Estados
Unidos, que no sea igualmente es-
tensiva i as otras naciones.

AsTImz VI. ARicuLo VI.

Pril=s of It is likewise agreed, that it shall Se conviene ademas que srA


cbtiesoIf-e wholly free for all merchants, enteramente libre y permitido &los
nation in the
other. commanders of ships, and other comerciantes, comandantes de bu-
citizens of both countries to manage ques, y otros ciudadanos de ambos
themselves their own business in all paises, el manejar sus negocios por
the ports and places subject to the si mismos en todos los puertos y
jurisdiction of each other, as well lugares sujetos a I&jurisdiccion de
with respect to the consignment and uno 6 otro, asi respecto A las con-
sale of their goods and merchandise, signaciones y ventas, por mayor y
by wholesale or retail, as with re- menor, de sus efectos y mereade-
speet to the loading, unloading, and rias, como de l .carga, descarga y
sending oft their ships; they being despacho de sus buques, debiendo
in all these cases to be treated as en todos estos casos ser tratados
citizens of the country in which como ciudadanos del pais en que
they reside, or at least to be placed residan, 6 al m6nos puestos sobre
on a footing with the subjects or un pi6 igual con los subditos 6 ciu-
citizens of the most favored na- dadanos de las naciones mas favor-
tions. ecidas.
ArTiCLE VII. AnTCouLO VI.

No embargo The citizens of neither of the Los ciudadanos de una 6 otra


or.detenti for contrcting parties shall be liable parte no podrin ser embargados ni
n ta to PU'b, to any embargo, nor be detained detenidos con sus embarcaciones, tri-
nde or lad with their vessels, cargoes, mer- pulaciones, mercaderias, y efectos
without nde- chandise, or effects, for any military comerciales de su pertenencia para
nfcation. expedition, not [nor] for any public alguna espedicion mUilitar, usos pA-
or private purpose whatever, with- blicos 6 particulares cualesquiera
out allowing to those interested a quo seam, sin conceder A los intere-
sufficient indemnification. sados una suficiente indemnizacion.
ARTICLE VI ATiCULO V3L
Vessels of Whenever the citizens of either Siempre que los ciudadanos -'e
efther Party of the contracting parties shall be alguna de las partes contratantes se

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TREATY WITH GUATEMALA. MumCH 8. 1849.
forced to seek rfuge or asylum in vieren precisados a buscar refuglo seeking cef5ie
the rivers, bays, ports, or dominions 6 asilo en los rios, bahias, puertos, intheru,&.,
r.
of the other with their vessels, 6 dominios de la otra, con sus bu- of the
whether merchant or of war, public ques, ya sean mercantes 6 de guerra,
or private, through stress of wea- publicos 6 particulares, por mal
ther, pursuit of pirates or enemies, tiempo, persecucion de pirktas 6
they shblt bt received and treated enemigos, sern necibidos y trats-
with humanity giving to them all dos con humanidad, da~doles todo
favor and protecfion for repairing favor y protedion para reparar
their ships, 1procuring. protisions, sus buques, .pmeurar viveres, y
and placing themselves in- a situa- ponerse en uituacion de continuar
tion to continue their v0page with- su viqje sin obstaculo 6 estorbo de
out obstacle or hindraneo. of any ningun geneto.
kind.

AxTicLE IX. AnTicLo IX.


All the ships, merchandise, and Todos los buques, mercadedas, y Property cap-
effects belonging to the citizens of efectos pertenecientes a los ciuda_t red by prates
one of the contracting parties, which dano de una de las partes contra- to be given up.
may be captured by pirates, whether tantes que sean apresados por pira-
within the limits of its jurisdiction tas, bien sea dentro de los limites
or on the high seas, and may be car- de On jurisdiccion, 6 en alta mar y
ried or found in the rivers, roads, fueren Ilevados 6 hallados en los
bays, ports, or dominions of the ries, radas, bahias, puertos, 6 domi-
other, shall be delivered up to the nios de Ia otra, sern entregados &
owners; they proving in due and 6ns dueflos, probando estos en la
proper form their rights, before the forma propia [propria] y debida
competent tribunals; it being well sus derechos ant6 los tribunales'
understood that the claim should be competentes ; bien entendido que
made within the term of one year, el reclamo ha de hacerse dentro
by the parties themselves, their at- del t6rmino de un afilo por las mis-
torneys, or agents of their respective mas partes, sus apoderados, 6 agen-
governments tea de los respectivos gobiernos.

AuToCLz X. AiaTcLo X.
When any vessel belonging to Cuando algan buque pertene- Provision for
the citizens of either of the con- ciente & los cindadanos de alguna m of
tracting parties shall be wrecked, de laspartescontratantesnaufrague,
foundered, or shall suffer any da- encalle 6 mufm alguna averia en las
mage on the coasts or within the costas 6 dentro Ae los dominios de
dominions of the other, there shall la otra, se les dari toda ayuda y
be given to them all assistance proteccion, del mismo modo quo es
and prottretion, in the same manner' uso y ceostumbre con los buques de
which ib usual and customary with Is nacion en donde suceda l, ave-
the vessels of the nation where the na ; permitiendoles descargar el
damage happens, permitting them dicho buque (si fuere necesario)
to unload the said vessel (if neces- de sus mercaderias y efectos, sin
sary) of its merchandise and effects, cobrar por esto, con tl que elos
without exacting for it any duty, sean esportados, ningun derecho,
'impost, or contribution whatever, impuesto 6 contribucion.
provided the same be exported.

ARTxCLEi 3I Aumouco XI.


Provision re
The citizens of each of the con- Los etudadanos de cada, uns de speoting real
tracting parties shall have power las partes contratantes tendrhn ple- Bstate
to dispose of their personal goods no poder pars disponer de sus held by ciizens
within the jurisdiction of the other, bienes personales dentro, do la ju- oof either natton,
in the other.

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878 TREATY WITH GUATEMALA. "MA.CH 8, 1849.
by sale, donation, testament, or risdiccion de Is otra, for vents,
otherwise, and their representatives, donacion, testamento, o de otro
being citizens of the other party, modo ; y sets representantes, siendo
shall succeed to their said personal ciudadanos de la otr parte, sue-
goods whether by testament or ab derfn i sus dichos bienes personales
itato , and they may take pos- ya sea por testamento 6 a ink tate,
session thereof, by themselves, or y podrhn tomar posesion de elIos
others acting for them. and dispose ya sea por si mismos 6 por otros
of the same at their will, paying que obren por ellos, y disponer de
such dues only as the inhabitants los mismos segun su voluntad, pa-
of the country wherein said goods gando aquellas cargas solamente
are or shall be subject to pay in que los habitantes del pas en donde
like cases. And if, in the case of estan los referidos bienes estuvieren
real estate, the said heirs would be sujetos A pagar en iguales casos.
prevented from entering into the Y si, en el caso de bienes raices, los
possession of the inheritance on so- dichos herederos fueren impedidos
count of their character of aliens, de entrar en la posesion de Ia her-
there shall be granted to them encia par razon de en caracter de
the term of three years to dispose estrangeros,, se les dark el t6rmino
of the same as they may think pro- de tres aos para disponer de ello
per, and to withdraw the proceeds, come juzguen conveniente, y par
without molestation, and exempt estraer el producto sin molestia, y
from all duties of detraction on the exentos de todo derecho do dedue-
part of the government of the re- cion per parte del gobierno de los
spective States. respectivos Estados.

AzRiTCL XIL Airrcmo XII.


property of Both the contracting parties pro- Ambas partes contatanted se
offimens either miss and engage formally to give omprometen y obligan, formal-
Dadt to be Pro- their special protection to the per- mente, & dar su proteecion especial
t "ted
t e
other. sons and property of the citizens of a las personas y propiedades de los
each other, of all occupations, who ciudadanos de cada una reciproca-
may be in the territories subject to mente transeuntes 6 habitantes de
the jurisdiction of the one or of the todas ocupaciones en los territorios
other, transient or dwelling therein, sujetos a Ia jurisdiccion de una y
leaving open and free to them the otra, dejandoles abiertos y libres
tribunals of justice for their judicial los tribunales de justicia pars sus
recourse, on the same terms which recursos judiciales, en los mismos
are usual and customary with the t6rminos que son de uso y ostumbre
natives or citizens of the country in par los naturales 6 ciudadanos del
which they may be; for which they pais en que residan; para lo cual
may employ, in defence of their podran emplear en defensa de sus
rights, such advocates, solicitors, derechos, aquellos abogados, proeu-
notaries, agents, and factors as they radores, escribanos, ajentes, 6 fac-
may judge proper in all their trials tores, que juzguen conveniente en
at law; and such citizens or agents todos sus asuntos y litijios; y dichos
shall have free opportunity to be ciudadanos 6 ajentes tendran Is
present at the decisions and sen- libre facultad de estar presentes en
tences of the tribunals in all cases las decisiones y sentencias de los
which may concern them, and like- tribunales en todos los casbs que
wise at the taking of all exami- les conciernan, como igualmente al
nations and evidence which may be tomar todos los examines y declara-
exhibited in the said trials. clones que se ofrezan en los dichos
litijios.
ARTiCLE XII AnTouLO XIII.
giit. of con- It is likewise agreed, that the Se conviene igualmente en quo
most perfect and entire security of los ciudadanos de ambas partes con-

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TREATY WTH GUATEMALA. Macn 8, 1849.
both the contracting parties in the tratantes gocen la mas perfect& y
countries subject to the jurisdiction entera seguridad de conclencia en
of the one and the other, without los paises sujetos A la inrsdiccion
their being liable to be disturbed or de uns u otra, sin quedar por elo
molested on account of their re- espuestos 6, ser inquietados 6 mo-
ligious belief, so long as they respect lestados en razon de su creencia
the laws and established usages of religiosa, mientras que respetan las
the country. Moreover, the bodies leyes y use establecidos. Ademas
of the citizens of one of the con- de esto, podrhn sepultarse los cadi-
tracting parties who may die in the veres do los ciudadanos de una de
territories of the other shall be las partes contratantes que falle-
buried in the usual burying-grounds, cieran en los territoris de Ia otra, Burial.
or in other decent or suitable places, en los cemeterios acostumbrados, 6
and shall be protected from viola- en otros lugares deentes y adeena-
tion or disturbance. dos, los cuales serAn protegidos
contra toda violacion y trastorno.

An xr. XIV. AnTimco XIV.

It shall be lawful for the citizens Seri .licito A.los ciudadanos do Trade Vi
of the United States of America los Estados Unidos de America, y nm
and of the Republic of Guatemala f. los de Ia Rephblica de Guatemala
to sail with their ships, with all navegar con sus buques con toda
manner of liberty and security, no seguridad y libertad, de cualquiera
distinction being made who are the puerto &las plazas 6 lugares de los
proprietors of the merchandise la- quo son 6 fueren en adelante ene-
den thereon, from any port, to the migos do eualquiera de las dos
places of those who now are or partes contratantes, sin hacerse dis-
hereafter shall be at enmity with tincion de quienes son los duefhos
either of the contracting parties. de las mercaderias cargadas en ellos.
It shall likewise be lawful for the Seri igualmente licito i los referi-
citizens aforesaid to sail with the dos ciudadanos navegar con sus
ships and merchandise before men- buques y mercaderias mencionadas,
tioned, and to trade with the same y traflcar con a misma libertad y
liberty and security, from the places, seguridad en los lugares, puertos, y
ports, and havens of those who are ensenadas delos enemigos de ambas
enemies of both or either paity, partei, 6 de aguna de ellas, sin
without any opposition or disturb- ninguna oposicion 6 disturbio cual-
ance whatsoever, not only directly quiera, no solo directamente de los
from the places of the enemy before lugares de enemigos arriba mencio-
mentioned to neutral places, but nados 6 lugares neutros sino tambien
also from one place belonging to an de un igar perteneciente i un
enemy to another place belonging enemigo i otro enemigo, ya sea quo
to an enemy, whether they be under esten bajo de la jurisdiccion de una
the jurisdiction of one power or potencia 6 bajo la de diversas. Y Free ships to
under several. And it is hereby queda aqui estipulado quo los bu- mae free .oo&d,
stipulated, that free ships shall also ques libres dan tambien libertad j d e
give freedom to goods, and that las mereaderias, y quo se ha de eaptns.
every thing shall be deemed to be considerar fibre y exento todo bo
free and exempt which shall be quo se hallare i bordo de los buques
found on board the ships belonging pertenecientes i los ciudadanos de
to the citizens of either of the con- cualquieradelaspsrtescontmtantes,
tracting parties, although the whole an quo toda la carga 6 parte de
lading or any part thereof should ella pertenezca & enemigos de una
appertain to the enemies of either- u otra, esceptuando siempre los
contraband goods being always ex- articulos de contrabando de guerra.
cepted. It is also agreed,'in like. Sd xoviene tambien, del mismo
manner, that the same liberty i modo, an que .la isma libertad oe
extended to persbns who are on, estienda , l pdrsonas quo seen-

HeinOnline -- 10 Stat. 879 1849-1862


880 TREATY WITH GUATE ALA. Macs 8, 1849. .
board a free ship, with this effect: cuentren h bordo de buques libres, -
that although they be enemies of con el fin de que aunque dichas
both or either party, they are not to personas sean enemigos do ambas
be taken out of that free ship unless partes 6 de alguna de elias, no deban
ey are officers or soldiers, and in ser estraidas de los buques libres, i
actual service of the enemies; menos que sean oficiales 6 soldados
provided, however, and it is hereby en actual servicio de los enemigos;
agreed, that the stipulationla in this a condicion no obstante, y se con-
article contained, declaring that the viene aqui en esto, que las estipula-
flag shall cover the property, shall ciones contenidasenel presentearti-
be understood as applying to those culo, declarando quo el paballon
powers only who recognize this cubre la propiedad, se entenderfn
principle; but if either of the two aplicables solamente I aquellas po-
contracting parties shall be at war tencias que reonocen este principio;
with a third and the other neutral, pero si alguna de las dos partos
the a of the neutral shall cover contratantes estuviere en guerra
the property of enemies whose con una tercers, y la otra permane-
governments acknowledge this prin- ciose neutral, Ia bandera de Ia neu-
ciple, and not of others. tral cubrirk la propledad de los
enemigos cuyos gobiernos reco-
nozcan este principio, y no de otros.
ARTIOLE XV. A.Timuo XV.
proio re. It is likewise agreed that in the Se onviene igualmente, que en
speeting neutral case where the neutral flag of one el caso de que la bandera neutral de
a n
of the contracting parties shall pro- una do las partes contratantes pro-
tect the property of the enemies of teja las propiedades
de los enemi-
the other, by virtue of the above gds de la otra, en virtud de lo es-
stipulation, it shall always be un- tipulado arriba, deberk siempre
derstood that the neutral property entenderse que las - propiedades
found on board such enemy's vessels neutrales, encontradas a bordo de
shall be held and considered as tales buques, enemigos, hin de te-
enemy's property, and as such shall nerse y considerarse como propie-
be liable to detention and confisca- dades enemigas, y como tales estarn
tion, except such property as was sujetas k detencion y confiscacion,
put on board such vessel before the esceptuando solamente aquellas pro-
declaration of war or even after- piedades que hubiesen sido puestas
wards, if it were done without the a borde de tales buques antes do la
kdiowledge of it; but the contract- declaracion de la guerra, y an des-
ing parties agree that, two months pues, si hubiesen side embareadas
having elapsed after the declaration, en dichas buques sin tener noticia
their citizens shall not plead igno- de la guerra, y se conviene, que
rance thereof. On the contrary, if pasados dos moses despues de I&
the fig of the neutral does not declaracion, los ciudadanos de una
protect the enemy's property, in y otra parte no podrin alegar que
that case the goods and merchandi- la ignoraban. Per el contrario, ai
ses of the neutral embarked in such la bandera neutral no protegiese
enemy's ship shall be free. las propiedades enemigas, entonces
serin libres los efectos y mercade-
ras de Ia parte neutral, embarcados
en buques enemigoe.
ARTICLE XVI. ARTICuLo XVI.
Enumeration This liberty of navigation and Esta libertad de navegacion y
of. contraband
artiles not htt commerce shall extend to all kinds comercio se estender todo genero
eluded eiof merchandises, excepting those demercaderias,esceptuando aquellas
abovepinciples. only which are distinguished by the solamente que se distinguen con el
name of contraband; and under hombre do contrabando, y bajo este

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TREATY WITH GUATEMALA. MARCH 8, 1849.
this name of contraband or pro- nombre do contrabando 6 efectos
hibited goods shall be comprehend- prohibidos se comprenderin:
ed: 10. CafWones, morteros, obuses,
1st. Cannons, mortars, howit- pedreros, trabucos, mosquetes, fusi-
zers, swivels, blunderbusses, mus- lee, rifles, carabinas, pistolas, picas,
kets, fusees, rifles, carbines, pistols, espadas, sables, lanzas, ebuzos, ala-
-pikes, swords, sabres, lances, bardas, y granadas, bombas, polvora,
spears, halberds, and granades, mechas, bals, con las demas cosas
bombs, powder, matches, balls, and correspondientes al uso de estas
all other things belonging to the armos.
uose of these arms. 20. Escudos, easquetes, corazas,
2dly. Bucklers, helmets, breast- Cotas de malla, fornituras y vestidos
plates, coats of mail, infantry belts, hechos en forms y i usanza militar.
and clothes made up in the form 80. Bondoleras, y caballos junto
and for a military use. con sus armas y arneses.
dly. Cavalry belts, and horses 40. Y generalmente toda espece
with their furniture. de armas 6 instrumentos de hierro,
4thly. And generally all kinds acero, broncecobre,yotras materias
of arms and instruments of iron, cualesquiera, manufacturadas, pre-
steel, brass, and copper, or of any paradas,.y formadas espresamente
other materials, manufactured, pre- para hacer Ia guerra por mar 6
pared, and formed expressly to tierra.
make war by sea or land.

ARTioL XVII. AUTIOULO XVII.


All other merchandise and'things Todas Ia demas mercaderfas y An othergoods
not comprehended in the articles of efectos no comprendidos en los arti- gni ta
contraband explicitly enumerated cuos de contrabando esplicitamente .d be-
and classified as above, shall be held enumerados y clasificados en el ar- sieged places.
and considered as free, and subjects ticulo anterior, serda tenidos y re-
of free and lawful commerce, so putados por libres, y de lieto y
that they may be carried and trans- libre omercio, de modo que ellos
ported in the freest manner, by both puedan ser trasportados y llevados
the contracting parties, even to de la manem mas libre por los ciu-
places belonging to an enemyrex- dadanos de ambas partes contra.
cepting only those places which'are tantes sun A los lugares pertene-
at that time besieged or blockaded; cientes 4 un enemigo de una fi otra,
and to avoid all doubt in this par- esceptuando solamente aquellos In- efinor of
• blookade
ticular, it is declared that those gares 6 plazas que estda al mismo
places only are besieged or blocka- tiempo sitiadas 6 bloquedas; y para
ded which are actually attacked by evitar toda duds en el particular,
a belligerent fbrce capable of pre- se declarn sitiadas 6 bloqueadas
venting the entry of the neutral. aquellas plazas que en la actuaidad
estuviesen ataeadas poi una fuerza
de un beligerante capax de impedir
Ia entrada del neutral.

ARTxoLE XVIII AI&TIOULO XV

The articles of contraband before Los artioulos do contrabando 6,n- Mode of pro-
enumerated and classified, which tes enumerados y clasificados que Oeei.ng whe
may be found in a vessel bound for se hallen en un buque destinado A y PA e
an enemy's port, shall be subject to puerto enemigo estarfn sujetos & ibnd.
detention and confiscation, leaving detencion y confiscacion dejando li-
free the rest of the cargo and the' bre el resto del cargamento y el
ship, that the owners may dispose buque pam que los dueflos puedan
of them as they see proper. No disponer do ellos como lo crean
vessel of either of the two nations conveniente. Nimgun buque do
VOL. X. TREAT.-111

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882 TREATY WITH GUATEMALA. MArc 8, 184.
shall- be detained on the high seas enalquiera de las dos naciones seri
on account of having on board arti- detenido por tener A bordo articu-
des of contraband, whenever the los de contrabando, siempre que el
master, captain, or supercargo of maestre, capitan, 6 sobreeargo de
said-vessel will deliver up the arti- dicho buque quiera entregar los ar-
cles of contraband to the captor, tieulos de contrabando al apresador
unless the quantity of such articles 4 m6nos que Ia eantidad de estos
be so great and of so largb a bulk articulos sea tan grande y de tanto
that they cannot be received on volumen que no puedan ser recibi-
board the capturing ship without dos A bordo del buque apresador
great inconvenience; but in this and sin grandes inconvenientes; pero
in all other cases of just detention en este como en todos los otros ca-
the vessel detained shall be sent to sos de just&detencion, el buque de-
the nearest convenient and safe tenido ser4 enviado al puerto mas
port for trial and judgment accord- immediato comodo y seguro pars
ing to law. ser juzgado y sentenciado conforme
, las leyes.
ARTIoE XIX. ArcIuLo XIX.
Blookadu and And whereas it frequently hap- Y per cuanto freeuentemente su-
pens that vessels sail for a port or cede que los buques navpgan par
place belonging to an enemy with- un puerto 6 lugar perteneciente 6,
out knowing that the same is be- un enemigo sin saber que aquel
sieged, blockaded, "orinvested, it is est6 sitiado, bloqueado, 6 embestido,
agreed that every vessel so circum- se conviene en que todo buque en
stanced may be turned away from estas cireunstancias se pueda hacer
such port or place, but shall not be voller de dicho puerto 6 lngar, pero
detained; nor shall any part of her no ser4 detenida ni confiscada parte
cargo, if not contraband, be confis- alguna de Sn cargamento no siendo
cated, unless, after warning of such do contrabando, 4 m6nos quo des-
blockade or investment from the pues de la intimacion de semejante
commanding officer of the blockad- bloqueo 6 ataque por el comandante
ing forces, she shall again attempt de las fuersas bloqueadoras inten-
to enter; but she shall be permitted tase otra vez entrar; pero le ser4
to go to any other port or place she permitido ir 6,cualquiera otro puer-
shall think proper. Nor shall any to 6 lugar que juzque conveniente.
vessel of either of the parties, that Ni ningun buque do una de las dos
may have entered into such port or partes que baya entrado en seine-
place before the same was actually jante puerto 6 lugar antes que estu-
besieged, blockaded, or invested by viese sitiado, bloqueado, 6 embestido
the other, be restrained from quit- por In otra, serA impedido de dej r
ting such place with her cargo; nor, el tal lugar con su eargamento, ni
found therein after the reduction si fuere hallado alli despues de in
and surrender, shall such vessel or rendicion y entrega de semejante
her cargo be liable to confiscation, lugar estarA el tal buque 6 su car-
but they shall be restored to the gamento sujeto 4 confilsacion sino
owners thereof. que serun restituidos 4 sus dueflos.

ARTICLe XX. ARTIcuLo XX


penlatlon of In order to prevent all kind of Pam evitar todo genero de des-
the t of vi disorder in the visiting and exami- orden en la visita y examen de los
tatl"dseA nation of the ships and cargoes of buques y eargamentos de ambas
both the contracting parties on the partes contratantes en alta mar,
high seas, they have agreed, mutu- han convenido mutuamente, que
ally, that whenever a vessel of war, siempre que un buque de guerra p6 -
public or private, shall meet with a blico 6 particular se encontrase con
neutral of the other contracting un neutral de la otta parte contra-

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TREATY WITH GUATEMALA. MXnon 8, 1849.
party, the first shall remain out of tante, el primero permaneceri fuera
cannon-shot, and may send its boat, de tiro de cafion y podr4 mandar
with two or three men only, in su bote con dos 6 tres hombres sola-
order to execute the said examina- mente para ejecutar el dicho exm-,
tion of the papers concerning the men de los papeles concernientes
bwnership and cargo of the vessel, Sa propiedad y carga del buque,
without causing the least extortion, sin oocasionar la menor estorsion,.
violence, or ill-treatment, for which violenci, o maltratamiento, por lo
the commanders of the said armed que los comandantes del dicho bu-
ships shall be responsible, with their que armado ser~n responsables con
persons and property; for which sus personas y bienes; i cuyo efec-
purpose, the commanders of the to los comandantes de buques ar-
said private armed vessels shall, mado por cuenta de particulares
before receiving their commissions, estardn obligados Ates de entre-
give sufficient security to answer garseles sus comisiones , patentes
or all the damages they may com- A dar flanza suficiento para respon-
mit. And it is expressly agreed, der A los perjuicios que causen. Y
that the neutral party shall in no se ha convenido espresamente que
case be required to go on board the en ningun caso se exigir4 la, parte
examining vessel for the purpose neutral quo vaya 6 bordo del buque
of exhibiting her papers, or for any examinador con el ftn do exhibir sus
other purpose whatever. papeles 6 par cualquiera otre ob-
Jeto sea el que faere.

ARTIcL AkRTICUILO XXI.


XX.
To avoid all kind of vexation Pam evitar toda clase de vej- Wat
and abuse in the examination of men y abuso en el ex~men do los fiilw ships are 1bwith
the papers relating to the owner- papeles relativos AIs propiedad de inem of a war.
ship of the vessels belonging to the los buques pertenecientes A los ciu-
citizens of the two contracting par- dadanos de las dos .partes contra-
ties, they have agreed, and do agree, tantes, ban convenido y convienen,
that in case one of them should be que en caso de que una de ellas
engaged in war, the ships and ves- estuviers en guerra, los buques y
sels belonging to the citizens of the bajeles pertenecientes A los ciuda-
other must be furnished with sea- danos de Is otra serdn provistos con
letters or passports expressing the letras de mar 6 pasaportes espre-
name, property, and bulk of the ship, sando el nombre, propiedad, y ta-
as also the name and place of habi- mafio del buque, como tambien el
tation of the master or commander nombre y lugar de I residencia del
of said vessel, in order that it may maestre o.comandante, A.fin de quo
thereby apptar that the ship really so vea que el buque real y verda-
and truly belongs to the citizens of doramente pertenece Alos ciudada-
one of the parties. They have nos de una de las partes; y han
likewise agreed, that such ships, convenido igualmente, que estando
being laden, besides the said sea-let- cargados los espresados buques ade-
ters or passports, shall also be pro- mas de las letras de mar 6 pasa-
vided with certificates containing portes, estann tambien provistos de
the several particulars of the cargo certificados que contengan los per-
and the place whence the ship sail- menores del argamento y el lugar
ed, so that it may be known whether de donde salid el buque, par que
any forbidden or contraband goods as pueda saberse si hay A su bordo
be on board the same; which cer- algunos efectos prohibidos o de con-
tificates shall be made out by the tmbando, cuyos certificados serdA
officers of the place whence the hechos por los oficiales del lugar de
ship sailed in the accustomed form; la procedencia del buque eft la for-
without which requisites said vessel ma acostumbrada; sin cuyos requi-
may be detained to be adjudged by sitos el dicho buque puede ser de-
the competent tribunal, and may be tenido pars ser juzgado por el tri-

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884 TREATY WITH GUATEMALA. "MXAn 8, 1849.
declared legal prize, unless the said bunal competente, y puede ser de-
defect shall'be satisfied or supplied olarsdo buena ppess, A m6nos que
by testimopj entirely equivalent. satisfagan 6 suplan el defecto con
testimpnios enteramente equivalen-
tea.

AToCLz XX3 MTiucuo'3XXIL


Cnvys. It is further agreed, that the Se ha convenido ademas, que las
stipulations above expressed rela- estipulaciones anteriores, relativas
tive to the visiting and examination al examen y visita de buques, se
of vessels shall apply only to those aplicaran solamente A los que nave-
which sail without convoy; and gan sin convoy, y que cuando los
when said vessels shall be under dichos buques estuvieren bajo de
Claraton of orn- convoy, the verb dclaration of the convoy, sei bastante la declaracion
mander sua- commander of the convoy, on his verbal del comandanto del convoy,
eient, word of honor. Ahat the vessels un- bajo su palabra de honor de quo
der his protection belong to the los buques que estan bajo an pro-
nation whose flag he carries, and, teccion pertenecen A1Ia nacion cuya
when they are bound to an enemy's bandera llevan, y cuando se dirijan
port, that they have no contraband 6, un puerto enemigo, quo los dichos
goods on board, shall be sufficient. buques no tienen A sn bordo artleu-
los de contrabando de guerra.

ARTiOLE XXIII ATicLo X3


Trial o pinm. It is*further agreed, that in all Se ha convenido ademas, quo en
m cases the established courts for todos los casos que ocurran, solo los
prize causeg in the country to which tribunales establecidos panm causas.
the prizes ihay be conducted shall de presas, en el pais A que lhs pre-
alone take cognizance of them. sas sean conducidas tomaran cono-
And whenever such tribunal of ciniiento de ellas. Y siempre que
Form of do- either party shall pronounce judg- semejante tribunal de cualquiera
ree.. .ment against any vessel, or goods, de las partes pronunciase sentencia
or property claimed bjy the citizens contra algun buque, 6 efeetos 6 pro-
of the other party, the sentence or piedad reclamada por los ciudada-
decree shall mention the reasons or nos de Is otra parte, Is sentencia 6
motgves on which the same shall decreto ham mendion de las razones
have been founded; and an authen- 6 motivos en que aquelli se haya
ticated copy of the 4sentence or de- fundado, y so entregara sin demor
Copyto be fur- cree,and of all the proceedings in aiguna al comandante 6 agente de
nishod the case, shall, if demanded, be didho buque, si lo solcitase, un tes-
delivered to the commander or agent timonio autentico de Is sentncia 6
of said vessel without any delay, decreto, 6 do todo el proesso, pa-
he paying the legal fees for the gando por 61 los derechos legals.
same.

AxTiCLE XXIV. AnTiCULo XXIV.


Citizens so- Wbenever one of the contracting Srwipre quo una de las partes
- o parties shall be engaged in war
eamis-
eep orleters
siens, contratantes estuviere empefiada en
marque against with another State, no citizen of the guerra con otra estado, ningum ciu-
the other, may other contracting party shall accept dadano de Is otra parte contratante
be treated a commission or letter of marque aceptam una comision 6 letra do
pirates, for the purpose of assisting or co- marca pars el objeto do ayudar 6
operating hostilely with the said eo-operar hostilmente con dicho
enemy against the said party so at enemigo, contra Ia dicha parte que
war, under the pain of being tr.ct- est6 asi en guerra, bajo Is pena de
ed as a pirate. ser tratado como pirata.

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TREATY WITH GUATEMALA. -MARCH 8, 1849.
AnToILm XXV. AnTiuLo XXV.
Si por alguna fatalidad, que no sfpulatls in
beIf
fatalit
by any and
exet, God cannot
whichwhich forbid, puede esperarse, y que Dios no 9s '
tweenOfthe
w con-'bOe-
the two contracting parties should permits, las dos partes contratantes nations.
Ma&ttng
be engaged in a war with each oth- se viesen empenadas en guerra una
er, they have agreed, and do agree, con otra han convenido y convienen
now for then, that there shall be de aham para entonces que se con-
allowed the term of six months to cedera el t6rmino de seis meses a
the merchants residing on the coasts los comerciantes residentes en las
and in the ports of each other, and costas y en los puertos de entrain-
the term of one year to those who bas, y el t6rmino de un aflo a los
dwell in the interior, to arrange que habitan en el interior, pars ar-
their business and transport their reglar sus negocios y trasportar sus
effects wherever they please, giving efectos a donde quieran, dandoles
to them the safe conduct necessary el salvoconducto necessario para
for it, which may serve as a suffi- ello qu le sirva de suficiente pro-
cient protection until they arrive at teccion hasta que leguen al puerto
the designated port. The citizens que designen. Los ciudadanos de
of all other occupations who may otras ocupaciones que se hallen
be established in the territories or establecidos en los territorios o 1lo-
dominions of the United States of minios de los Estados Unidos do
America and the Republic of Gua- Am6rica, o de la repfiblica de Gua-
temala shall be respected and main- temala, seran respetados y mante-
tained in the full enjoyment of their nidos en el pleno goee de su liber-
personal liberty and property, un- tad personal y propiedad, a m6nos
less their particular conduct shall que an conducts particular lea haga
cause them to forfeit this protection, perder esta proteccion que en con-
which, in consideration of humanity, sideracion a Ia humanidad las par-
the contracting parties engage to tea contratantes se comprometen a
give them. prestarles.

ARTi Cz XXVI AnircuLo XXVL

Neither the debts due from indi- Ni as deudas contraidas por los Debt, &a, ,t
viduals of the one nation to indi- individuos de una nacion con los to be conusacaed
viduals of the other, nor shares nor individuos de la otra, ni las ae-inma of war.
moneys which they may have in ciones o dineros que puedan toner
public funds or in public or private en los fondos pfiblicos o en los ban-
banks, shall ever, in any event of cos pfblicos o privados, seran jawas
war or of national diflerence be secuestrados o confiscados en nin-
sequestered or confiscated. gun caso de guerra o diferencia na-
ciona.

ARTIOLE XXVII. AnTIcuLO XXVILI


Both the contracting parties, be- Deseando ambas partes contra- Exempts,&o.
ing desirous of avoiding all ine- tantes evitar toda diferencis- rela- of wvo, &o.
quality in relation to their public tiva a etiqueta en sus comunica-
communications and official inter- ciones y correspondencias diploma-
course, have agreed, and do agree, ticas han convenido y convienen
to grant to the envoys, ministers, asimismo en conceder a sus Envia-
and other public agents the same dos, Ministros, y otros agentes di-
favors, immunities, and exemptions plomaticos los mismos favores, in-
which those of the most favored munidades y exenciones de que
nation do or shall enjoy; it being gozan o gozaren en lo venidero los
understood that whatever favors, de Ias naciones mas favorecidas;
immunities, or privileges the United bien entendido que cualquier favor,
States of America or the Republic inmunidad, o privilejio que los Es-

HeinOnline -- 10 Stat. 885 1849-1862


886 TREATY WITH GUATEMALA. MAcH 8, 1849.
of Guatemala may find it proper to tadosUnidos deAm6rica ola Repfb.
give the ministers and public agents lica de Guatemala tenganpor conve.
of any other power, shall, by the niente dispensar a los Enviados,
same act, be extended to those of Ministros, y agentes diplomaticos de
each of the contracting parties. otras potencias, so haga por el mis-
mo hecho estensivo a los deuna y
otra de las partes contratantes.
ARTICLE XXVIIL AxTiomo XXV
,Eachparty To make more effectual the pro-Para haer mas efectiva Ispro-
may apdpo tection which the United States of
teccion que los Estados Unidos de
consuls. America and the Republic of Gua-
Am6rica y la'Rep6blica de Guate-
temala shall afford in future to the
mala daran en adelante a I nave-
navigation and commerce of the
gaoion y comercio do los ciudads-
citizens of each other, they agree
nos de una y otra, se convienen en
to receive and admit consuls and
reeibir y admitir Consules y Vice-
vice-consuls in all the ports open to
consules en todos los puertoo abier-
foreign commerce, who shall enjoy
too al comercio estrangero, quienes
in.them all the rights, prerogatives,
gozaran en ellos todos los derechos,
and immunities of the consuls and
prerogativas, 6 inmunidades de los
pardoua vice-consuls of the most favoredConsules y Vice-consles de Isna-
p" my be nation; each contracting party, cion mas favorecida(quedando) no
excepted, however, remaining at liberty to obstante en libertad cada parte con-
except those ports and places in tratante para esceptuar aquellos
which the admission and residence puertos y lugares en que I& admi-
of such consuls and vice-consuI sion y residencia de semejantes
may not seem convenient. Consules y Vice-consules no pares-
ca conveniente.

ARTiCLE XXI ATicvLo XXIX

consuls, &c., In order that the consuls and Para que los Consules y Vice-
to exhibit theivice-onsuls of the two contracting consules .de las dos partes con-
commissions And'
to reeve g parties may enjoy the rights, pre- tratantes,, puedan gozar los dere-
=699al. rogatives, and immunities which chos, prerogativas, 6 inmniddes
belong to them by their public quo les corresponden por su carac-
character, they shall, before enter- ter piblico antes de entrar en el
ing on the exercise of their func- ejercicio de sn finciones, presen-
tions, exhibit their commission or taran su comision o patente en la
patent in due form to the govern- forma debida al gobierno con quien
ment to which they are aceredited; est6n acreditados, y habiendo obte-
and, having obtained their exequa- nido el exequatur, seran tenidos y
tur, they shall be held and con- considerados como tales por todas
sidered as such by all the author- as autoridades, majistrados, y ha-
ities, magistrates, and inhabitants in bitantes del distrito consular en que
the consular district in which they residan.
reside.

ARTICLE XX AwrTIUo X X
Co u~se ,It is likewise agreed, that the Se ha convenido igualmente, que
Sid t consuls, their secretaries, officers, los Consules, ss Secretarios, off-
t and persons attached to the service ciales, y personas agregadas al ser-
of consuls, they not being citizens vicio de los Consules (no siende
of the country in which the consul estas personas ciudadanos del pais
resides, shall be exempt fyom all en que en Consul reside) estaran
public service, abd also, from all escentos.de todo servicio publico, y
Rind of taxes, imposts, and contri- tambien de toda especie de pechos,

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TREATY WITH GUAT MALA. MNUcm 8, 1849.
butions, except those' which they impuestos, y contribuciones, eseep-
shall be obliged to pay on account tuando aquellos quo esten obliga-
of commerce or their property, to dos a pagar pr razon do eomercio
which the citizens and inhabitants, o propiedad, y a los cuales'estan
native and foreign, of the country sujetos los ciudadanos y habitantes
in which they reside, are subject; naturales y estrangeros del pals en
being in every thing besides subject que residen, quedando en todo lo
to the laws of the respective States. demas sujetos a ls leyes de los
The archives and papers of the respectivos Estados. Los archivos
consulate shall be respected invio- y papeles de los consulados seran
lably, and under no pretext what- respetados inviolablemente y bajo
ever shl any magistrate seize or ningun pretoo los ocupaM magis-
in any way interfere with them. trado alguno, ni tendra en ellos
ninguna intervencion.

AwrxcL XXXI. AETiULO XXX


The said consuls shall have power Los dichos Consules tendran po- Demtemfro
to require the assista ce of the der de requerir el ausilio de las an- vessels.
authorities of the country for the toridades locales, para h prision,
arrest, detention, and custody of detencion, y custodia, de los deser-
deserters from the public and pri- tores de buques pfblics y particu-
vate vessels of their country, and lares de su pals, y par este objeto
for that purpose they shall address se diriiran a los tribunales, jueces,
themselves to the courts, judges, y oficiales competentes, y pediran
and officers competent, and shall los dichos desertores pow escrito
demand the said deserters in probando por una presentacion de
writing, proving by an exhibition los.'egistros do los buques, rol del
of the registers of the vessel's or equipaje, fi otros documentos pbl-
ship's roll, or other public docu- cos que aquellos hombres eran
ments, that those men were part of parte de las dichas tripulaciones, y
the said crews; and on this demand, a esta demanda asi probada (m6nos
so proved, (saving, however, where no obstante cuando se probare lo
the contrary is proved,) the de- contraio,)no serehusara la entrega.
livery shall not be refused. Such Semejantes desertores In.go que
deserters, when arrested, shall be sean arrestados se pondran a dispo-
put at the disposal of the said con- sicion de los dichos consules, y
suls, and may be put in the public puedan ser depositados en ls pri-
prisns, at the request and expense sions publicas a solicitud y espen-
ofthose who reclaim them, to be san de los quo los reclamen pare
sent to the ships to which they be- ser enviados a los buques a que
longed, or to others of the same corresponden o a otros de la misma
nation. But if they be not sent nacion. Pero si no fueren manda-
back within two months, to be dos dentro noe dos meses contados
counted fi. the day of their arfest, desde el dia de su arresto, seran
they shall be set at liberty, and puestos en libertad y no volveran a
shall be no more arrested for the ser presos por Ia misma causa.
same cause.

AF.TRCLZ XXXI. AluzouLo XXXI


For the purpose of more efect- Para protejer mas efectivamente consular eom
ually protecting their commerce u omercio y navegacion, las dos vWtio to be
and navigation, the two contracting partes contratantes se convienen en
partisa do hereby agree, as soon formar, luego que las eircunstancias
hereafter as circumstances will per- lo
mit, to form a consular convention,
permitan, una convencion consu-
which shall declare specially the
lar que declare mas especialmente
los podores 6 inmunidades do los

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888 TREATY WITH GUATEMALA. MAn- 8, 1849.
powers and immunities of the con- Consules y Vice-consules do Ias
suls and vice-consuls of the respect- partes respectivas.
ive parties.
ARTIOLE XXX . AnTxouLo XXXIM-

The United States of America Los Estados.Unidos de Am6rica


and the Republic of Guatemala, y la Repbblia de Guatemala de-
desiring to make as durable as seando haer tan duraderas y firmes
circumstances will permit the rela- como las circunstancias lo permitan,
tions which are to be established las relaciones que ban de estable-
between the two parties by virtue werse entre las dos potencias, en
of this treaty or general convention virtud del presente tratado 6 con-
of peace, amity, commerce, and venion general de paz, amistad,
navigation, have declared solemn- comercio, y navegacion, han deck-
ly, and do agree to, the following rado solemnemente y convienen en
points: los puntos siguttmtes:
Treaty to re- 1st. The present treaty shall 10. El presents tratado perma-
maknIn f1orce for remain in full force and virtue for necert en su fuerza y vigor por el
andtheoethilone the term of twelve years, to be t6rmino do doe afos, contados
year's node. counted from the day of the ex- desde el dia del cange de las ratifi-
change of the ratifications, and caciones, y ademas basta un aflo
further until the end of one year despues que cualquiera de las par-
after either of the contracting par- tes contratantes hays no ticado
ties shall have given notice to the I& otra su intencion de terminarlo;
other of its intention to terminate reservandose las partes contratantes
the same; each of the contracting el derecho de haper tal notiflcacion
parties reserving to itself the right la una A Ia otra al fin de dicho t6r-
of giving such notice to the other mino de doce aflos; y ademas se
at the end of said term of twelve ha cbnvenido que este tratado en
years. And it is hereby agreed todo lo relativQ 6 comerio y nay-
between them, that on the expira- egacion, quedalA sin efecto, trascur-
tion of one year after such notice rido que sea un aflo despues de
thall have bee received by either recibida dicha notificacion por cual-
from the other party, this treaty, in' qu'iera de las dos partes, y en todo
all its parts relative to commerce lo relativo A paz y amistad, serA
and navigation, shall altogether perpetuamente obligatorio 4 ambas
cease and determine, and in all poderes.
.those parts which relate to peace
and friendship it shall be perpetu-
ally binding on both powers.
Acts ofnotind-to ....-
viduah, 2dly. Iif any one or more of the 20. Si alguno 6 algunos de los
fabt of either party shall in- ciudadanos de una u otra parte in.
mony of the two fringe any of the articles of this fringiesen alguno de los artdeulos
nati. treaty, such citizens shall be held contenidos en el presente tratado,
personally responsible for the same, dichos ciudadanos seraq personal-
and the harmony and good corre- mente responsables, sin que pr esto
spondence between the nations shall se interrumpa Ia armonfa y buena
not be interrupted thereby; each correspondents entre las dos na-
party evaaging in no way to pro- clones, compromedlendose cada una
tet the offender or sanction such A no proteger de modo alguno al
violation. ofendor 6 sancionar semejante vio-
lacion.
Satheto 8dly. If (which indeed cannot 80. Si (Io que la veidad no"
fore war is e- be expected) unfortunately any of puede epprarse) deegraciadamente,
olared, or repri- thA articles contained in the present alguno do los articulos contenidos
sal made. treaty shall be violated or infringed on el presente .tratado fuesen en al-
in any other way whatever, it is guna otra mauera violados 6 infrin-
expresly stipulatW that neither of jidos, se estipula espresamente que

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TREATY WITH GUATEMAI MARCH 8, 1849. 889
the contracting parties will order ninguna de las dos partes entra-
or authorize any acts of reprisal, tantes ordenark ft autorizarA ningu-
nor declare war against the other, nos actos de represalia, ni declar4
on complaints of injuries or dama- la guerra contra la otra por quejas
ges, until the said party consider- de injurias 6 dafios, hasta que la
ing itself offended shall first have parte que se crea ofendida haya
presented to the other a statement Ates presentado AIa otra una espo
of such injuries or damages,. veri- sicion de aquellas injurias 6 dalos
fled by competent proof, and de- verifleada con pruebas y testimo-
manded justice and satisfaction, and nios competentes, exigiendo justicia
the same shall have been either y satisfacion, y esto haya sido ne-
refused or unreasonably delayed. gado 6 diferido sin razon.
4thly. Nothing in this treaty 40. Nada de cuanto se contiene This bestyot
contained, shall, however, be con- en el presente tratado se construira to be cn ec
to onflict with
strued or operate contrary to for- sin embargo ni obrara en contra de foer treaties
mer and existing public treaties otros tratados pfublicos anteriores y with other no-
with other sovereigns or States. existentes con otros Soberan o
The present treaty of peace, Estados.
amity, commerce, and navigation El presente tratado de pas, amt- Exchange of
shall be approved and ratified by stad, comercio, y navegacion sera rataeataom
the President of the United States ratificado por el Presidente de los
of America by and with the advice Estados Unidos de Am6rica, y per
and consent- of the Senate thereof, el Gobierno de Is Republica de
and by the government of the Re- Guatemala con consejo y consenti-
public of Guatemala, and the ratifi- miento de las respectivas camaras,
cations shall be exchangedintheeity y las ratifiaciones soree. eanjeadas
of Washington or Guatemala with- en.la ciudad de Washington o Gua-
in eigkleen months, counted from temala dentro de dies I ocho meses
the date of the signature hereof, or contados deade este dia o antes si
sooner, if possible. fuere posible.
In faith whereof, the plenipoten- En A de lo cual nosotros los
tlaries of the United States of Plenipotenciarios le los Estadoe
America and of the Republic of Unidos de Am6ica, y de Is Re.
Guatemala, have signed and sealed pibliea de Guatemala hemes firma-
these presents, in the city of Gua- do y sellado las presentes, en la
temala, this third day of March, ciudad de Guatemala el dia tres de
in the year of our Lord one thou- Marzo del affo de nuestro Sefnor
sand eight hundred and forty-nine., mil ochocientos euarenta y nueve.
ELIJAH HISE, [L. a.] (firmado,)
J. MARIANO RODRIGUEZ. [L. a,.] (fimado,) RODRIGUEZ,
J. MARIANO
ELIJAH EISE.
-...
[L. 5.
And whereas the said Convention has been duly ratified on botfl
parts, and the respective ratifications of the same have been exchanged:
Now, therefore, be it known, that I, MILLARD FILLMORE,
Preodent of the United States of America, have caused the said Con-
vention to be made public, to the end that the same, and every clause
and article thereof, may be observed and fulfilled with good faith by the
United States and the citizens thereof.
In witness whereof, I have hereunto set my hand and caused the seal
of the United States to be affixed.
Done at the city of Washington, this twenty-eighth day of
S ". July, in the year of our Lord one thousand eight hundred
and fifty-two, and of the independence of the United States
of America the seventy-seventh.
MILLARD FILLMORE.
BT TIM PRESIDENT:
W. HUNTER, Acting &erdary of &ate.
voi.. x. TRPAT.-112

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HeinOnline -- 10 Stat. 890 1849-1862
TREATY WITH SAN SALVADOR, JAN. 2, 1850.

TREATIES.

BY THE PRESIDENT OF THE UNITED STATE3 OF AMERICA. Jawn, 185o.

A PROCLAMATION.
Wnnr&s a general Treaty of Amity, Navigation, and Commerce,
between the United States of North America and the Republic of San
Salvador was concluded and signed at the city of Leon, on the second
day of January, in the year of our Lord one thousand eight hundred
and fifty, which treaty is in the words following, to wit:

A Geneal 7 oA nqNwioni, and Omm b*dwe the &tdo


tte
,r&Aeiaand h "Wef &mn&uadsr.
The United States of North America and the Republic of San Sal-
vador, desiring to make lasting and firm the friendship and good under- Preamble.
standing which happily exists between both nations, have resolved to fix,
in a manner clear, distinct, and positive, the rules which shall in future
be religiously observed between each other, by means of a Treaty or
General Convention of Peace and Friendship, Commerce and Navi-
gation.
For this desirable object the President of the United States of KegotletwL
America has conferred full powers upon' E. G. Squier, a citizen of the
said States, and their Charg6 d'Affaires to Guatemala; and the Presi-
dent of the Republic of San Salvador has conferred similar and equal
powers upon Senor Licenciado Don Augustin Morales, who, after having
exchanged their said full powers in due form, have agreed to the follow-
ing articles:
ARTICLE 1. There shall be a perfect, firm, and inviolable peace anl Peace and
sincere friendship between the United States of America and the Re.fiendship.
public of San Salvador, in all the extent of their possessions and terri.
tories, and between their citizens respectively, without distinction of
persons or places.
ARTICLE 2. The United States of America and the Republic of San "omtfavored
Salvador, desiring to live in peace and harmony with all the nations of nation" pro-
the earth, by means of a policy frank and equally friendly with all, Vision.
engage mutually not to grant any particular favor to other nations in
respect of commerce and navigation which shall not immediately become
common to the other party, who shall enjoy the same freely if the con-
cession was freely made, or on allowing the same compensation if the
concession was conditional.
ARTICLE 8. The two high contracting parties, being likewise desirous Right to trade
of placing the commerce and navigation of their respective countries on and hold proper-
the liberal basis of perfect equality and reciprocity, mutually agree that ty.
the citizens of each may frequent all the coasts and countries of the
other, and reside therein, and shall have the "power to purchase and hold
lands, and all kinds of real estate, and to engage in all kinds of trade,
manufactures, and mining, upon the same terms with the native citizen,
and shall enjoy all the privileges and concessions in these matters which
are or may be made to the citizens of any country, and shall enjoy all
the rights, privileges, and exemptions, in navigation, commerce, and
manufactures, which native citizens do or shall enjoy, submitting them-
selves to the laws, decregs, or usages there established, to which native

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892 TREATY WITH SAN 9ALVADOPA J&x. 2, 1850.
citizens are subjected. But it is understood that this article does not
Cangtade include the coasting trade of either country, the regulation of which is
reserved. reserved by the parties rmspectively, according to their own separate
laws.
ARTICLz 4. They likewise agree that whatever kind of produce,
No distinction manufacture, or merchandise of any foreign country can be from time to
as to nationality time lawfully imported into the United States in their own vessels, may
of vessels. be also imported in vessels of the Republic of San Salvador; and that
no higher or other duties upon the tonnage of the vessel and her cargo
shall be levied and collected, whether the importation be made in vessels
of the one country or of the other; and in like manner that, whatever kind
of produce, manufactures, or merchandise of any foreign country can be
from time to time lawfully imported into the Republic of San Salvador
in its own vessels, may be also imported in vessels of the United States;
and that no higher or other duties upon the tonnage of the vessel and
her cargo shall be levied or collected, whether the importation 1?e made
in vessels of the one country or the other. And they further agree, that
whatever may be lawfully exported or re~xported from one country in
its own vessels to any foreign country may in like manner be exported
or refxported in the vessels of the other country; and the same bounties,
duties, and drawbacks shall be allowed and collected, whether such
exportation or re'xportation be made in vessels of the United States or
of the Republic of San Salvador.
AxTICLE 6. No higher or other duties shall be imposed on the im-
No discimi- portation into the United States of any articles the produce or manu-
nating duties on factures of the Republic of San Salvador; and no higher or other duties
produce of
*itler country. shall be imposed on the importation. into the Republic of San Salvador
of any articles the produce or manufactures of the United States, than
are or shall be payable on the like articles being the produce or manu-
factures any foreign
of imposed country; nor shall any higher or other duties or
charges be in either of the two countries on the exportation of
any articles to the United States or to the Republic of San Salvador,
respectively, than such as are payable on the exportation of the like
hirticles to any other foreign ountry; nor shall any prohibition be imposed
on the exportation or importation of any articles the produce or manu-
factures of the United States or of the Republic of San Salvador, to or
from the territories of the United States, or to or from the territories of
of the Republic of San Salvadoi which shall not equally extend to all
other nations.
ARTICLE 6. In order to prevent the possibility of any misunderstand-
Articles 4 and ing, it is hereby declared that the stipulations contained in the three pre-
6 to apply, what- ceding articles are to their full extent applicable to the vessels of the
verel saiom. United States and their cargoes arriving in the ports of San Salvador,
and reciprocally to the vessels of the said Republic of San Salvador
and their cargoes arriviag in the ports of the United States, whether
they proceed from the ports of the country to irhich they respect-
ively belong or from the ports of any other foreign country; and, in
No disfi in - either case, no discriminating duty shall be imposed or collected in the
tion as to nation- of o
aIlty of aVlo. ports of either country on said vessels or their cargoes, whether the same
shall be of native or foreign produce or manufacture.
ARTICLE 7. It is likewise agreed, that it shall be wholly free for all
merchants, commanders of ships, and other citizens of both countries, to
How trade is manage, by themselves or agents, their o vn business in all the ports and
to be conducted. places subject to the jurisdiction of each other, as well with respect to
the consignments and sale of their goods and merchandise, by wholesale
or retail, as with respect to the loading, unloading, and sending of their
ships; they being in all these cases to be treated as citizens of the coun-
try in which they eside, or at least to be placed on an equality with the.
subjects or citizeni of the most favored nation.

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TREATY WITH SAN SALVADOR, JAN. 2,1850. 898
ARTICLE 8. The citizens of neither of the contracting partes shall Indemnifica-
be liable to any embargo, nor be detained with their vessels, cargoes, tion for embar.
merchandise, or effects, for any military expedition nor for any public or
private purpose whatever, witliout allowing to those interested an equi-
table and sufficient indemnification.
ARTICLE 9. Whenever the citizens of either of the contracting Treatmet of
parties shall be forced to seek refuge or asylum in the rivers, bays, ports, vese.
or dominions of the other with their vessels, whether merchant or war,
public or private, through stress of wegther, pursuit of pirates or ene-
mies, or want of provisions or water, they shall be received and treated
with humanity, giving to them all favor and protection for repairing their
ships, procuring provisions, and placing themselves in a situation to con-
tinue their voyage, without obstacle or hindrance, of any kind.
AnuTvox. 10. All the ships, merchandise, and effects belonging to the Property re-
citizens of one of the contracting parties which may be captured by "-t"dfrm
pirates, whether within the limits of its jurisdiction or on the high seas, store.
and may be carried or found in the rivers, roads, bays, ports, or dominions
of the other, shall be delivered up to the owners, they proving in die
and proper form their rights, before the competent tribunals; it being
well understood that the claim shall be made within the term of one year
by the parties themselves, their attorneys, or agents of their respective
governments.
ARTIDLE 11. When any vessels belonging to the citizens of either Provision in
of the contracting parties shall be wrecked or foundered, or shall suffer ease of wrecks.
any damage on the coasts or within the dominions of the other, there
shall be given to them all assistance and protection, in the same manner
which is usual and customary with the vessels of the nation whefe the
damage happens; permitting them to unload the said vessel, if necessary,
of its merchandise and effects without exacting for it any duty, impost,
or contribution whatever, unless they may be destined for consumption
or sale in the country of the port where they may have been disem-
barked.
ARTICLE 12. The citizens of each of the contracting parties shall Provision re-
have power to dispose of their personal goods or real estate within the speeting sales
jurisdiction of the other, by sale, donation, testament, or otherwise; and and
anoe.Inhierit-
their representatives, being citizens of the other party, shall succeed to
their said personal goods or real estate, whether by testament or ab in-
testato; and they may take possession thereof, either by themselves or
others acting for them, and dispose of the same at their will, paying such
dues only..as the inhabitants of the country wherein said goods are shall
be subjedt to pay in like cases.
ARTICLEM 13. Both contracting parties promise and engage formally to Proteetion to
give their special protection to the persons and property of the citizens of propet and
each other, of all occupations, who may be in the territories subject to
the jurisdiction of one or the other, transient or dwelling therein, leaving
open an free to them the tribunals of justice for their judicial recourse,
on the same terms which are usual and customary with the natives or
citizens of the country; for which purpose they may either appear in
proper person, or employ in the prosecution or defence of their rights
such advocates, solicitors, notaries, agents and factors as tey may judge
proper, in all their trials at law; and such citizens or agents shall have
free opportunity to be present at the decisions or sentences of the tribu-
nabs in all cases which may concern them, and shall enjoy in such cases
all the rights and privileges accorded to the native citizen.
ARTICLE 14. The citizens of the United States residing in the terri- Lberty of
tories of the Republic of San Salvador shall enjoy the most perfect and conscience.
entire security of conscience, without being annoyed, prevented, or dis-
turbed on the proper exercise of their religion, in private houses, or on
the chapels or' places of worship appointed for that purpose, provided

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, 894 TREATY wrrH sA.q SALvADo R j . 2, i850.
that in so doing they observe the decorum due to divine worship, and the
respect due to the laws, usages, and customs of the country. Liberty
Rightofburial, shall also be granted to bury the citizens of the United States who may
die in the terwitories of the Republic of San Salvador, in convenient and
adequate places to be appointed. and established for that purpose, with
the knowledge of the local authorities, or in such other places of
sepulture as may be chosen by the friends of the deceased; nor shall the
funerals or sepulchres of the dead be disturbed in anywise, nor upon any
account.
In like manner, the citizens of San Salvador shall enjoy within the
government and territories of the United States a perfect and unre-
strained liberty of conscience, and of exercising their religion, publicly
or privately, within their own dwelling-houses, or on the chapels and
places of worship appointed for that purpose, agreeably to the laws,
usages, and customs of the United States.
AXTICL- 15. It shall be lawful for the citizens of the United States
Commewe in of America and of the Republic of San Salvador to sail with their ships,
time of war. with all manner of liberty and security, no distinction being made who
are the proprietors of the merchandise laden thereon, from any port to
the places of those who now are or shall be at enmity with either of the
contracting parties. It shall likewise be lawful for the citizens aforesaid
to sail with the ships and merchandise before mentioned, and to trade
-with the same liberty and security, from'the places, ports, and havens of
those who are the enemies of both or either party, without any opposition
or disturbance whatsoever, not only from the places of the enemy befoke
mentioned to neutral places, but also from one place belonging to an
enemy to another place belonging to an enemy, whether they be under
the jurisdiction of one power or under several. And it is hereby stipu-
Free ships to lated that free ships shall also give freedom to goods, and that every
nake free &Ods, thing which shall be found on board the ships belonging to the citizens
of either of the contracting parties shall be deemed to be free and
exempt although the whole lading, or any part thereof, should appertain
to the enemies of either, (contraband goods being always excepted.)
Similar pr- It is also agreed, in like manner, that the same liberty shall be extend-
simon ate per- ed to persons who are on board a free ship, with this effect ; that altho'
they be enemies to both or either party, they are not to be tqken out of
that free ship, unless they are officers and soldiers, and in the actual
service of the enemies; provide4, however, and it is hereby agreed, that
the stipulations in this article contained, declaring that the flag shall
cover the property, shall be understood as applying to those powers only
Limitation of who recognize this principle; but if either of the two contracting parties
riple. shall be at war with a third, and the other remains neutral, the flag of
the pr
the neutral shall cover the property of enemies whose governments
acknowledge this principle, and not of others.
Enemy's ah p AnTicLE 16. It is likewise agreed, that in the case where the neutral
to make enemy's flag pf one of the contracting parties shall protect the property of one
C:s except, of the enemies of the other by virtue of the above stipulation, it shall
always be understood that the neutral property found on board such
enemy's vessel shall be held and considered as enemy's property, and as
such shall be liable to detebtion and confiscation, except such property as
was put on board such vessel before the declaration of war, or even
afterwards, if it were done without the knowledge of it; but the con-
tracting parties agree that, two months having elapsed after the declara-
tion of war, their citizens shall not plead ignorance thereof. On the
contrary, if the flag of the neutral does not protect the enemy's property,
in that case the goods and merchandise of the neutral embarked on such
enemy's ships shall be free.
Defnition of ARTIOLE 17. This liberty of navigation and commerce shall.extend
*ntrad- to all kinds of merchandise, excepting those only which are distinguished

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TREATY WITH SAN SALVADOR, JAN. 2, 1850. 895
by the name of contraband . and under this name of contrabaid or pro-
hibited goods shall be comprehended -
1st. Cannons, mortars, howitzers, swivels, blunderbusses, muskets,
rifles, carbines, pistols, pikes, swords, sabres, lances, spears, halberts, hand-
grenades, bombs, powder, matches, balls, and all other things belonging
to the use of these arms.
2d. Bucklers, helmets, breastplates, coats of mail, infantry belts, and
clothes made up in the form and for the military use.
8d. Cavalry belts and horses, with their furniture.
4th. And generally all kinds of arms and instruments of iron, steel,
brass, and copper, or of any other material manufactured, prepared, and
formed expressly to make war by sea or land.
5th. Provisions that are imported into a besieged or blockaded place.
AnTCLE 18. All other merchandise and things not comprehended in
the articles of contraband explicitly enumerated and classified as above, Allothergooda
shall be held and considered as free, and subjects of free and lawful com- fie-
merce, so that they may be carried and transported in the fieest manner
by. the citizens of both the contracting parties, even to places belonging
to an enemy, excepting those places only which are at that time besieged Definition of
or blockaded; and, to avoid all doubt in this particular, it is declared sieis and block-
that those places only are besieged or blockaded which are actually a'
attacked by a belligerefit force capable of preventing the entry of the
neutral
ARTICLE 19. The articles of contraband before enumerated and clas- Proseing
sified, which may be found in a vessel bound for an enemy's port shall Incasof oontm-
be subject to detention and confiscation, leaving free the rest of the cargo band.
and the ship, that the owners may dispose of them as they see proper.
No vessel of either of the two nations shall be detained on the high seas
on account of having on board articles of contraband, whenever the
master, captain, or supercargo of said vessels will deliver up the articles
of contraband to the captor, unless the quantity of such articles be so
great and of so large a bulk they cannot be received on board the captur-
ing ship without great inconvenience; but in this and all other cases of
just detention the vessel detained shall be sent to the nearest convenient
and safe port for trial and judgment, according to law.
ARTICL- 20. And whereas it frequently happens that vessels sail for Blockad.
a port or place belonging to an enemy without knowing that the same is
besieged or blockaded, or invested, it is agreed that every vessel so cir-
cumstanced may be turned away from such port or place, but shall not
be detained; nor shall any part of her cargo, if not contraband, be con-
fiscated, unless, after warning of such blockade or investment from the
commanding officer of the blockading forces, she shall again attempt to
enter; but she shall be permitted to go to any other port or place she
shall think proper. Nor shall any vessel that may have entered into
such port before the same was actually besieged, blockaded, or invested
by the other, be restrained from quitting that place with her cargo; nor,
i found therein after the reduction and surrender, shall such vessel or
her cargo be liable to confiscationbut they shall be restored to the owners
thereof.
ARTICLE 21. In order to prevent all kind of disorder in the visiting vilation Mi
and examination of the ships and cargoes of both the contracting parties exainaton of
on the high seas, they have agreed mutually that whenever a national'Vee" aet
vessel of war, public or private, shall meet with a neutral of the other
contracting party, the first shall remain out pf cannon-shot, unless in
stress of weather, and may send its boat, with two or three meh only, in
order to execute the said examination of the papers concerning the own-
ership and cargo of the vessel, without causing the least extortion, vio-
lence, or ill treatment, for which the commanders of said armed ships Damages for
shall be responsible, with their persons and property; for which purpose t

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TREATY WITH SAN SALVADOR, JAN. 2, 1850.
the commanders of private armed vessels shall, before receiving their'
commissions, give sufficient security to answer for all the damage they may
commit. And it is expressly, agreed that the neutral party shall in no
case be required to go on board the examining vessel for the purpose of
exhibiting her papers, or for any other purpose whatever.
Sea-letter in ARTICLE 22. To avoid all kinds of vexation and abuse in the exa-
time of war. mination of the papers relating to the ownership of the vessels belonging
to the citizens of the two contracting parties, they have agreed, and do
hereby agree, that in case one of them should be engaged in war, the
ships and vessels belonging to the citizens of the other must be furnished
with sea-letters or passports expressing the name, property, and bulk of
the ship, as also the name and place of habitation of the master and
commander of the said vessel, in order that it may thereby appear that
the ship really and truly belongs to the citizens of one [of] the parties.
Certificates They have likewise agreed that when such ships have a cargo, they shall
of cargo. also be provided, besides the said sea-letters or passports, with certificates
containing the several particulars of the cargo and the place whence the
ship sailed, so that it may be known whether anyshall
forbidden or contraband
be made out by the
goods are on board the same, which certificates
officers of the place whence the ship sailed, in the accustomed form;
without which requisites said vessel may be detained to be adjudged by
the competent tribunal, and may be declared lawful prize, unless the said
detbct shall be proved to be owing to accident, and shall be satisfied or
supplied by testimony entirely equivalent.
No search il ARTICLE 28. It is further agreed that the stipulations above ox-
caeof convoy, pressed, relative to the visiting and examination of vessels, shall apply
only to those which sail without convoy; and when saidI vessels shall be
under convoy, the verbal declaration of the commander of the convoy,
on his word of honor, that the vessels under his protection belong to the
nation, whose flag he carries, and, when they may be bound to an enemy's
port, that they have no contraband goods on board, shall be sufficient.
Prize court. ARTICLE 24. It is further agreed that in all cases the established
courts for prize, causes in the country to which the prizes may be con-
ducted shall alone take cognizance of them. And whenever such tribu-
nas of either party shall pronounce judgment against any vessel, or
goods, or property, claimed by the citizens of the other party, the sen-
tence or decree shall mention the reasons or motives upon which the
same shall have been founded; and an authenticated copy of the sen-
tence or decree, and of all the proceedings in the case, shall, if demanded,
be delivered to the commander or agent of said vessel, without any de-
lay, he paying the legal fees for the same.
ARTICLE 25. For the purpose of lessening the evils of war, the two
M
Hostilities to
be carded on by high contracting parties further y a war should unfortu-
agree that in case
kntera
mali them,
nately take place between
obcrs hostiities shall only be carried on by
only. persons duly commissioned by the Government, and by those under their
orders, except in repelling an attack or invasion, and in the defence of
property.
Ietter of ARTICLE 26. Whenever one of the contracting parties shall be en-
inarue or cor- aedin war with another state, no citizen of the other contracting party
misc oners shall accept a commission or letter of marque for the purpose of assisting
or cooperating hostilely with the said enemy against the said parties so
at war, under the pain of being treated as a pirate.
Incase for
of war ARLTICLE
the two If by any fatality,
27. contracting whichbecannot
parties should be expected,
engaged in a war with God
and each
prosion of forbid,
withdrawal
merchandis. other, they have agreed, and do agree, now for then, that there shall be
allowed the term ofof six months to the merchants residing on the coasts
and in the ports each other, and the term of one year to those who
dwell in the interior, to arrange their business and transport their effects
wherever they please, giving to them the sfe conduct necessary for it,

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TREATY WITH SAN SALVADOR, J3x. 2, 1850. 897
which may serve as a sulficient protection until they arrive at the desig-
nated port. The citizens of all other occupations who may be established
in the territories or dominions of the United States or of San Salvador,
shall be respected and maintainedin the fall enjoyment of their personal
liberty and property, unless their particular conduct shall cause them to
forfeit this protection, which, in consideration of humanity, the contract-
ing parties engage to give them.
ARTICLE 28. Neither the debts due from individuals of the one na- Debtsand pro.
tion to the individuals of the other, nor shares nor money which they pe not to be
may have in public funds, nor in public or private banks, shall ever, in COcated.
any event of war or of national difference, be sequestered or confiscated.
ARTICLE 29. Both the contracting parties being desirous of avoiding Priviegs of
all inequality in relation to their public communications and official inter- Ministers,
course, have agreed, and do agree, to grant to the envoys, ministers, and
other public agents, the same favors, immunities, and exemptions which
those of the most favored nations do or shall enjoy; it being understood
that whatever favors, immupities, or privileges the United States of
America or the Republic of San Salvador may find it proper to give to
the ministers and public agents of any other Power, shall, by the same
act, be extended to those of each of the contracting parties.
ARTICLE 80. To make more effectual the protectioni which the
United States and the Republic of San Salvador shall afford in future to Consuls and
the navigation and commerce of the citizens of each other, they agree to Viee-con .
receive and to admit consuls and vice-consuls in all the ports open to
foreign commerce, who shall enjoy in them all the rights, prerogatives,
and immunities of the consuls and vice-consuls of the most favored na-
tion; each contracting party, however, remaining at liberty to except
those ports and places in which the admission and residence of such con-
suls may not seem convenient.
ARTICLE 31. In order that the consuls and vice-consuls of the two
contracting parties may enjoy the rights, prerogatives, and immunities Their exequs-
which belong to them by their public character, they shall, before enter- tur.
ing on the exercise of their functions, exhibit their commission or patent
in due form to the Government to which they are accredited ; and, hav-
ing obtained their exequatur, they shall be held and considered as such
by all the authorities, magistrates, and inhabitants in the Consular Dis-
trict in which they reside.
ARTICLE 82. It is likewise agreed that the consuls, their secretaries, Their PIVnJ.
officers, and persons attached to the service of consuls, they not being
citizens of the country in which the consul resides, shall be exempt from
all public service, and also from all kind of taxes, imposts, and contribu-
tions, except those which they shall be obliged to pay on account of
commerce or their property, to which the citizens and inhabitants, native
and foreign, of the country in which they reside are subject, being in
every thing besides subject to the laws of the respective States. The
archives and papers of the consulates shall be respected inviolably, and
under no pretext whatever shall any magistrate seize or in any way in-
terfere with them.
ARTICLE 33. The said consuls shall have power to require the as- Reclamation
sistance of the authorities of the country fo, the arrest, detention, and of deserters
custody of deserters from the public and private vessels of their country: from vessels.
and for that purpose they shall address themselves to the courts, judges,
and officers competent, and shall demand in writing the said deserters,
proving by an exhibition of the registers of the vessel's or ship's roll or
other public documents, that those men were part of the said crews; and
on this demand, so proved, (saving, however, where the contrary is
proved by other testimonies) the delivefy shall not be refused. Such
deserters, when arrested, shall be put at the disposal of the said consuls,
and may be put in the public prisons at the request and expense of those
VOL. x. TaEAT. - 113

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898" TREATY WrTH SAN SALVADOR, JAN. 2, 1850.
who reclaim them, to be sent to the ships to which they belonged, or to
others. of the same nation; but if they be not sent back within two
months, to be counted from the day of arrest, they shall be set at liberty,
and shall be no more arrested for the same cause.
A3&TcILR 84. For the purpose of more effectually protecting their
commerce and navigation, the two contracting parties do hereby agree to
Conswarcon- form, as soon hereafter as circumstances will permit, a consular conven-
ventlon to be tion, which shall declare specially the powers and immunities of the
formed. consuls and vice-consuls of the respective parties.
ATiCL 85. The United States of North America and the Republic
of San Salvador, desiring to make as durable as possible the relations
which are to be established by virtue of this treaty, have declared
solemnly, and do agree to, the following points:
Duration of 1st. The present treaty shall remain in full force and vigor for the
tws trmy. term of twenty years from the-iay of the exchange of the ratifications;
and if neither party notifies the other of its intention of reforming any or
all the articles of this treaty twelve months before the expiration of the
twenty years stipulated above, the said treaty shall continue binding on
both parties beyond the said twenty years until twelve months from the
time thgt one of the parties notifies the other of its intention of proceed-
ing to a reform.
Peae not to 2d. If any one or more of the citizens of either party shall infringe
bet Of privateby any of the articles of this treaty, such citizens shall be held personally
setsdistaed
persons, responsible for the same, and the harmony and good correspondence be-
tween the nations shall not be interrupted thereby; each party engaging
in no way to protect the offender, or sanction such violation.
Proceedings 8d. If, unfortunately, any of the articles contained in this treaty should
before decsrng be violated or infringed in any way whatever, it is expressly stipulated
war. that neither of the two contracting parties shall ordain or authorize any
ats of reprisal, nor shall declare war against the other, on complaints of
injuries or damages, until the said party considering itself offended shall
have laid before the other a statement of such injuries or damages, veri-
fied by competent proofs, demanding justice and satisfaction, and the
same shall have been denied, in violation of the laws and of international
right.
AnTiOLn 86. The present treaty of peace, amity, commerce, and
navigation shall be approved and ratified by the President of- the United
States, by and with the advice and consent of the Senate thereof; and by
the President of the Republic of San Salvador, with the consent and
approbation of the Congress of the same; and the ratifications shall be
exchanged, in the City of Washington or San Salvador, within eight
months from the date of the signature thereof, or sooner if possible.
In faith whereof, we, the Plenipotentiaries of the United States of
America, and of the Republic of San Salvador, have signed and sealed
these presents, in the city of Leon, on the second day of January, in the
year of our Lord one thousand eight hundred and My, and of the inde-
pendence of the United States the seventy-fourth.
B. GEO. SQUIER. [L. a.]
AUGUSTIN MORALES. [L. s.]
And whereas the said treaty has been duly ratified on both parts, and
the rmpeewie ratifications of the same have been exchanged:

Now, therefore, be It known that I, FRANKLIN PIERCE, Presi-


dent of the United States, have caused the said treaty to be made public,
to the end that the same, and every article and clause thereof, may be
obser3d and fulfilled with good faith by the United States and the citi-
zens thereof.

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TREATY WITH SAN SALVADOR, JA. 2, 1850. 899
In witness whereof, I have hereunto set my hand, and caused the.. 81
of the United States to be affixed.
Done at the city of Washington, this eighteenth day of April,
[L. s.] in the year of our Lord one thousand eight hundred and fifty-
three, and of the independence of the United States the sev-
enty-seventh. FRANKLIN PIERCE.
By T PRSWDRuT:
W. L. MARCY, &adary of &age

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900 CONSULAR CONVENTION WITH NEW GRANADA. -Mir 4, 1850.

M.y 4, 1860. BY THE PRESID]:NT OF THE UNITED STATES OF AMERICA.

A PROCLAMATION.
Wmmis a Convention of the United States of America and the Re-
public of New Granada, for declaring especially the powers and immuni-
ties of the Consuls and Vice-Consuls of the respective parties, was con-
eluded and signed at Washington on the fourth day of May, in the year
of our Lord one thousand eight hundred and fifty, which Convention,
being in the English and Spanish languages, is, word for word, as fol-
lows:
Consular Convention between the Convenci6n Consuldr entre Ia Re-
Republic of New Granada and pfblica de Nueva Granada i los
the United States of America. Estados Unidos.

In the name of the Most Holy En el nombre de Ia Santfsima


Trinity: TrinidAd;
The Governments of the Repub- Los gobi6rnos de las reptiblicas
lies of New Granada and the United de Nueva Granada i de los Estados
States ofAmerica, havingengagedby Unidos deAmericahabidndose com-
the thirty-fourth article of the Trea- prometido por el artieulo 84 del
ty of Peace, Amity, Navigation, and Tratado de Paz, Amistad, Naviga-
Commerce, concluded on the 12th ei6n i Comercio, celebrado en 12 de
Vol. iz, P. 8. of December, 1846, to form a con- Deciembre de 1846, en formar una
sular convention, which shall declare convenci6n consulur que declare es-
specially the powers and immuni- pecialmente las atribuci6nes 6 in-
ties of the consuls and vice-consuls munidades de los Consules i Vice-
of the respective parties, in order Consules de las partes respectivas ;
to comply with this article and more para dar cumplimiento 6 dicho arti-
effectively to protect their con- culo, i con el objeto de protejer mas
merce and navigation, they have eficazmente su Comereio i Navega-
given adequate authority to their cion, ban convenido en eiebrdr las
respective plenipotentiaries, to wit: estipulaciones necesarias sobre la
Negotiator. The Government of New Granada matria, i al efecto han autorizado
to Raphael Rivas, its Chargd d'Af- competentemente i sus respectivos
falres in the United States, and the Plenipotencirios, 6 saber: el Go-
Government of the United States, bierno de la Nueva Granada A Ra-
to John IL Clayton, Secretary of fael Rivas, su Encargado de Nego-
State, who, after the exchange and cios 6n los Estados Unidos, i el Go-
examination of their full powers, bierno de los Estados Unidos, A Juan
found to be sufficient and in due M. Clayton, Secretario de Estado,
form, have agreed upon the follow- quienes previo el canje i cximen de
lng articles: sus plenos podires, que hallaron
bastintes i en debida forma, convi-
ni6ron en los articulos siguientes:

.AuTioLz L AuTicuLo L

zaah country Each of the two contracting Re- Cada una de las Repuiblices Con-
m&&&apo
outs, , in e-thle publics may maintain in the princi- tratintes podrk manten6r en las
other. pal cities or commercial places of principales ciudides 6 plazas comer-
the other, and in the ports open to ciules de I& otra, i en los puertos
foreign commerce, consuls of its abiertos en ella al comerclo estranjd-
own, charged with the protection ro, c6nsules particulkes encarg6Aos

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CONSULAR CONVENTION WITH NEW GRANADA. MAY 4, 18o.
of the commercial rights and inte- de protegdr los derechos e interdses
rests of their nation, and to sustain comerciales de su Nacioi i de fa-
their countrymen in the difficulties vorec6r 6, sus compatriotas en las
to which they may be exposed.- difcultddes que lee ocurran. Tam-
They may likewise appoint consuls- bien podrin nombrar C6nsules je-
general, as chiefs over the other nerales como jefes de los demas
consuls, or to attend to the affairs C6nsules, 6 para atend6r a muchas
of several commercial places at the plazas comerciales, 6 puertos A un
same time, and vice-consuls for ports tiempo, i Vice C6nsules para los
of minor importance, or to act under puertos de men6r importancia 6 pa-
the direction of the consuls. Each ra obrar bajo Ia dependdncia de los
republic may, however, except those C6nsules particulares. Sin embar-
cities, places, or ports in which it go cada Reptiblica podra esceptumr
may consider the residence of such aquellas ciudides, plazas 6 puertos
functionaries inconvenient, such ex- en donde no lea pareeire conve-
ception being common to all nations. niente la residencia de dichos em- StIoulaton as
All that is said in this convention of pleados; per6 esta escepci6n ser4 to consuls-ene-
m-
consuls in general shall be consider- comun 4 todas las Naciones Lo ms ClSft-CI
ed as relating not only to consuls, que en Ia presente convencion se
properly so called, but to consuls- diga de los C6nsules en jeneral se
general and vice-consuls, in all the entenddra no solo de los C6nsules
eases to which this convention re- particulares, sino tambien de los
fers. C6nsules jenerules i de los Vice-
C6nsules siempre que puedan hal-
larse en los casos de que so trata.
ARTICLE I. ARTicULO II.

The consuls, appointed by one of Los C6nsules nombr/dos por una Exequatars.
the contraeting parties to reside in de las partes contratintes para re-
the ports or places of the other, shall sidir en los puertos 6 plbzas de la
present to the government of the otra, deben presentar al Gobierno
republic in which they are to reside, de la Repfiblica en que van a resi-
their letters patent or commission, dir, sus letras patdntes 6 de provi-
in order that they may receive the si6n, pars que si lo tiene A bien, lea
proper exequatur,if it be deemed ponga el c6rrespondiente exequatur,
expedient to give it which shall be que seri espedido sin cobrar dere-
granted without any charge; and cho alguno; i obtenido este, las ex-
this exequatur, when obtained, is to hibirn i las Autoridades Superiores
be exhibited to the chief authorities del lugar en que hayan de ejerc6r
of the place in which the consul is sus funci6nes, pars que elias orde-
to exercise his functions, in'order nen se lee reconosca en sus empldos,
that they may cause bim to be re- i se lea guarden las prerogativas que
cognized in his character, and that lee corresponden en el respectivo
he may be sustained in his proper distrito Consular. El Gobiemo que
prerogative, in his respective con- recibe el emple~do podr4 retirarle
sular district. The government re- cuando lo estime conveniente el ex-
ceiving the consul may withdraw equatw" de sus letras Consulares,
the exequatur or his consular com- per6 en" tal caso espresarg Ia ra-
mission whenever it may judge pro- z6n que lo mu6ve A este proedi-
per to do so, but in such case shall mi6nto.
state a reasonable ground for the
proceeding.
ARTiCLE IMI -AxRimo 33L
The consuls admitted in either Los Consules admitfdos en eada
republic may exercise in -their re- Repdblica podrdn ejerer en eu re- uneom ot
spective districts the following spectivo distrito Consuldr las fun- oMuls.
functions: ci6nes siguientes:

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902 CONSULAR CONVENTION WITH NEW GRANADA. MAY 4, 1850.
In case of vio. 1. They' may apply directly to 1. Dirijirse it las Autoridides del
latlon of treaty the authorities of the district in diatrito de su residdncia i ocurrir
Stipulations. which they reside, and they may in e4 caso necesdrio al Gobierno Su-
case of necessity, have recourse to primo por m6dio del agente diplo-
the national government through the matico de su Nacion, si lo hubi6re, 6
diplomatic agent of their nation, if directamente en caso, contrario, re-
there be any, or directly, if there clamando contra cualquiers infrac-
be no such agent, in complaint cidn de los tratados de comercio que
Against any infraction of the treaties se cometa por las autoridddes i
of commerce committed by the an- empletdos del pals, conper cio del
thorities or persons employed by comercio de Is Naci6n A que el
them in the country, to the injury C6nsul sirva.
of the commerce of the nation in
whose service the consul is engaged.
In case ofabu- 2d. They may apply to the authori- 2. Dirijirse d las Autoridddes del
se on part of ties of the consulqr district, and, in distrito Consular, i en caso neces&
authorities. ease of necessity, they may have rio, ocurrir al Gobierno Supr~mo
recourse to the national government per medio del respectivo ajente di-
through the diplomati9 agent of their plomatico, si lo hubiere, 6 directa.
nation, if there be any, or directly, mente en caso contrfrio, contra cual-
if there be no such agent, against quiera abuso que los emple6dos 6
any abuse on the part of the au- Autoridddes del pals com6tan contra
thorities of the country, or the per- individuos de Ia Naci6n 4 que sirva
sons employed by them, against in- el C6nsul, i siempre que fuere ne-
dividuals of their nation in whose cesrio promov6r lo conveniente
service the consul is engaged; and para quo no se les niugue 6 retdrde
they may, when necessary, take such Ia administradi6n de justicia i para
measures as may be proper-to pre- que no sean juzg dos ni penddos
vent justice from being denied to sino per los ju6es comp6tentes i
them,or dela y ed and to prevent them con arreglo las eyes vjentes.
from being judged or punished by
any other than competent judges,
and agreeably'to the laws in force.
They ma q). 8d. They may, as the natural de- 8. Como defens6res naturiles de
aofel fenders of their fellow-counlrymen, sus compatri6tas, podr~n present-
citizens, appear in - their name and behalf, arse a su nombre, cuando por ellos
whenever so requested by them, fu6ren solicitados ante las respect-
before the respective authorities of ivas AutoridAdes del Pais, en los
the place, in all cases in which their negocios en que tengan necesidbd de
support may b) necessary. apoyo.
In relation to 4. They may accompany the cap. 4. Acompafta 4 los cipitdues,
acts of offlicers of tans, mates, or masters of vessels contra ma6stres, i patr6nes de los
vessels, of their nation in all that they may buques de n Nacidn, en todo lo
have to do with regard to the mani- que tengan que haer para el mani-
fests of their merchandise and other fiesto de sue mereancas i despacho
documents, and be present in all de documentos, i estdr presentes en
cases in which the authorities, courts, los actos en que per las Autoridddes,
or judges of the country may have Judces, 6 Tribundles del pais, haya
to take any declarations from the de tomarse alguna declaraci6n 6i
persons above mentioned, or any los dichos individuos i A cuales
other belonging to their respective quiera otros que pertendzcan a las
crews. respectivas triplaci6nes.
5. They may receive depositions, 5. Recibir las declaraci6nes, pro-
protests, and statements from cap- testas, i relacidnes do los capitdnes,
tains, mates, and masters of vessels contra madstres, i patr6nes de los
of their nation respecting losses and buques de su naci6n, per raz6n de
injuries sustained at sea, and pro- averias padecidas en Ia mar, i las
tests of any individuals of their na- protestas que cualesqui~ra indivi-
tion respecting mercantile affairs. duos de su naci6n tengan a bien

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CONSULAR CONVENTION WITH NEW GRANADA. Xx& 4, 1860. 908
These documents, drawn up in au- hacer sobre asuntos mercantiles.
thentic copies, certified by the con- Estos docuinentos, en copia anten-
sul, shall be admitted in the courts tica expedida por el C6nsul, seran
and offices of jusice, and shall have admitidos en los jusgddos i tribu-
the same validity as if they bad n4ies, i tendrin el mismo val6r que
been authenticated before the same si hubiran sido otorgidos ante los
judges or courts. mismos jueces i tribunfles.
6. They may determine on all 6. .Arregl r todo lo relativo a ]as Maysettle dn-
matters relating to injuries sustained averias que hayan suftido en la mar P'"respeetmng
at sea by effects and merchandise los efectos i mereanclas emb os
shipped in vessels of the nation in en buques de Ia naci6n a que sirva
whose service the consul is employ- el C6xnul, que leguen al puerto en
ed arriving at the place of his resi- que este reside, siempre que no
dence, provided that there be no haya estipulaei6nes contrdrias entre
stipulations to the contrary between los armaddres, los cargad6res i los
the shippers, owners, and insurers. asegurad6res. Per6 si se haflren
But if, among the persons interested interesados en tales averias, habi-
in such losses and injuries, there tantes del pais doade resida el C6n-
should be inhabitants of the country sul, i que no s6an de lanaci6n que
where the consul resides, and not este sirva, toca a las Autorid6des
belonging to the nation in whose locales el conoc6r i resolv6r sobre
service he is, the cognizance of such dichas averlas.
losses and injuries-appertains to the
local authorities.
7. They may compromise amica- 7. Compon~r amigable i extra. may be arm-
bly, and out of court, the differences judicialmente, las diferdneias -que trators.
arising between their fellow coun- se susciten entre ss compatridtas
trymen, provided that those persons sobre.asuntos mercantiles, siempre
agree voluntarily to submit to such que ellos quieran somet6rse volunk-
arbitration; in which case, the docu- tariam6nte a eu arbitraminto, en
ment containing the decision of the cuyo caso, el documento en que
consul, authenticated by himself and conste la decisi6n del C6nsul auto-
by his chancellor or secretary, shall rizado por el mismo i por su Cancil-
have all the force of a notarial copy ler o Seeretario, tendri toda la fa-
authenticated, so as to render it ob- erza de un documento guarentijio
ligatory on the interested parties. otorgado con todos los requisitos ne-
cesdrios pans ser obligatorio & las
partes interesnas.
& They may cause proper order 8. Ha 6r que se mantenga el de- maymaintain
to be maintained on board of vessels bido 6rden interi6r 4 bordo de los order in vessels.
of their nation, and may decide on the bdques de su naci6n, i decidir en
disputes arising between the cap- las difernecias que sobrevengan
tains, the officers, and the members entre el capitda, los ofleidies i los in-
of the crew, unless the disorders dividuos de la tripulacidn, excepto
taking place on board should disturb cuando los des6rdenes que sobre-
the public tranquillity, or persons not v6ngan 64bordo pu6dan turbar Ia
belonging to the crew or to the na- tranquiliddl publics, 6 cuando en las
tion in whose service the consul is diferdncias esten mezclados indivi.
is employed; in which case the local duos que no s6an de la tripulaci6n
authorities may interfere. 6 de la naci6n i que perten6zca el
buque, pues en este caso debera.
intervenir las autoridades localds.
9. They may direct all the ope- 9. Dirijir todas las operaci6nes In case of
rations for saving vessels of their relativas at salvamento de los bu- wrecks.
nation which may be wrecked on ques de la naci6n 4 que pertendzca
the coasts of the district where the el Consul cuando naufrguen en las
consul resides. In such cases, the costas del distrito, en que el resida.
local authorities shall interfere only En tal caso las Autoridddes locales
in order to maintain tranquillity, to solo intervendrdn para mantendr el

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904 CONSULAR CONVENTION WITH NEW GRANADA. MAr 4 1850.

give security to the interests of the 6rden, dar segurid6d a los intereses
parties concerned, and 'to cause the salvados, i hacer quo se cumplan ]as
dispositions which should be observ- disposici6nes que deban observarse
ed for the entry and export of the pars la entrada i salida de estos.
property to be fulfilled. In the ab- En ausencia i hasta la Ilegada del
sence of the consul, and until his Consul, deber n tambien dichas Au-
arrival, the said authorities shall torid~des tomar todas las m6didas
take all the measures necessary for neces4rias para la conservacion de
the preservation of the effects of the los efectos naufragados.
wrecked vessel
In respect to 10. They may take possession, 10.Tomarposesi6n,formar inven-
estates of de- make inventorips, appoint apprai- tirios, nombrar peritos pars hacer
ceased persons. sres to estimate the value of articles, los av~lnos i proceddr a la venta de
and proceed to the sale of the move- los bienes muebles de los individuos
able property of individuals of their de su naci6n que hayan muerto en
nation who may die in the country el pals de ]a residencia del C6nsul
where the consul resides without sin dejar executores testamentfrios
leaving executors appointed by their ni hereddros forzosos. En tales
will or heirs at law. In all such diligencias, procederi el C6nsul
proceedings, the consul shall act in asociado de dos comerciantes nom-
conjunction with two merchants, brados por el mismo, i pars Ia prac-
chosen by himself, for drawing up tics de las mismas diligencias 6 la
the said papers or delivering the entrdga de los bienes 6 sus produc-
property or the produce of its sale, tos, observar las leyes de su na-
observing the laws of his country ci6n y las 6rdeneb que tenga de su
and the orders which he may re- Gobierno; per6 los C6nsules no po-
ceive from his own government; but dnt ejer6r estas funciones en los
consuls shall not discharge these estados cuya legislaci6n particulAr
functions in those States whose pe- no lo permita. Cuando el Consul
culiar legislation may not allow it. no se hallare en el lug6r en que
Whensoever there is no consul in haya ocurrido la muerte del indivi-
the place where the death occurs, duo, las autorid ds locales tomaran
the local authority shall take all the las providencias de su resorte pars
precautions in their power to secure dar seguridAd a los bidnes de este.
the property of the deceased. 11. Pedir 4 las AutoridAdes locales
In relation to 11. They may demand from the elarrestode losmarineros que des6r-
deserters, local authorities the arrest of sea- ten dd los buques de la naci6n , que
men deserting fromthevesselsof the sirva el C6nsul, exhibiendo, si fuere
nation in whose service the consul necesario, el registro del buque, el
is employed, exhibiting, if necessary, rol de la tripulaci6n, it otro docu-
the register of the vessel, her ins- mento oficiil que justifique a de-
ter roll, and any other official docu- manda. Las dichas Autoridides
ment in support of this demand. dardn las providencias de su compe-
The said authorities shall take such tencia para la persecucidn, aprehen-
measures as may be in their power si6n i arresto de aquellos desertores,
for the discovery and arrest of such i los pondrin i disposicion del C6n-
deserters, and shall place them at sul; per6 si el buque A que perte-
the disposition of the consul: but if nezcan hubiere salido, i no se pre-
the vessel to which they belong sentise ocasi6n para haefrlos partir,
shall have sailed, and no opportu- se mantendrin en arresto, a expen-
pity for sending them away should sas del C6nsul, hasta por dos me-
occur, they shall be kept in arrest, ses, i" si cumplido cste tdrmino no
at the expense of the consul, for two se hubieren remitido, serin puestos
months ; and if, at the expiration of en libertad por Ins Autoridides re-
that time, they should not have been spectivas, i no podrn scr nueva-
sent away, they shall be set at li- mente arrestados per a misma
berty by the respective authorities, cansa.
and cannot again be arrested for the
same cause.

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CONSULAR CONVENTION WITH NEW GRANADA. MAr 4,1850. 905
12. They may give such doeu- 12. Dar los documentos neces To give doou-
ments as may be necessary for the rlos pan Ia comunieaci6n entre los ments.
intercourse between the two coun- dos paises i visar los que se hubie-
tries, and countersign those which ren dado por las Autorldides. Dar
may have been given by the author- patentes de sanid6A en cases nece-
ities. They may also give bills of sarios a los buques que se dirijan
health, if necessary, to vessels sail- del puerto en que el C06nsul resida
ing from the port where the consul A los puertos de Ia naci6n A que el
resides to the ports of the nation to C6nsul pertenezca; certificar sus
which he belongs; they may also facturas, el rol de Ia tripulaci6n, i
certify invoices, muster-rols, and demas documentos necesarios para
other papers necessary for the com- on comercio i navegacion.
merce and navigation of vessels.
M$.They may appoint a chan- 13. NombrAr un Canciller 6 Se- To appoint a
cellor or secretary whensoever the cretAtio cuando no lo teng el consu- chancellor or
consulate has none and one is Iido i sea necesario pans autorizfr secretar7.
required for authenticating docu- sus actos.
ments.
14. They may appoint commer- 14. NombrAr ajentes de comercio To appoint
cial agents to employ all the means pama prestr todos los buenos oficios commercial
in their power, in behalf of indivi- que esten a su aleance a los indivi- age9ts.
duals of the nation in whose service duos de la naci6n & quien sirva, i
the consul is, and for executing the pams desempefLar Ins comisones que
commissions which the consul may el C6nsul tenga 4 bien cOnflarles,
think proper to entrust to them, out fuera del lugar de an residencia,
of the place of his residence; pro- bien entendido que estos ajentes no
vided, however, that such agents gozarin de las prerogativas que se
are not to enjoy the prerogatives conceden A los Cdnsules, sino solo
conceded to consuls, but only those de las peculiares A los agentes co-
which are peculiar to commercial merciales.
agents.
ARTICLE IV. ARTiCULO IV.

The consuls of one of the con- Los C6nsules de una de las Re- Consuls of
tracting republics residing in anoth- pidblicas contrattntes
• residentes en either country
maeurploy
er country may employ their good otra nacion podrin hacer uso de Busthe good dces
offices in favor of individuals of the buenos oficios en fav6r de los indi- for the other In
other republic which has no consul viduos de Ia otra Repidblica que no gn oun-
in that country. tuvieren C6nsules en el mismo In-
gar.
ARTICLE V.
AItTCULo V.

The contracting republics recog- Las Repdblicas Contratantes no consuls not to


nise no diplomatic character in con- recondeen en los C6noules caracter have diplomatic
character and
suls, for which reason they will not diplomatico, i por lo mismo no go- immunities, but
enjoy in either country the immuni- zarin en elas las inmunidades con- t are to have cer-
ties granted to public agents accre- cedidas a los ajentes pdblicos ncredi- in privileges.
dited in that character; but, in order tados con aquel caracter; per6 para
that the said consuls ma7 exercise que dichos C6nsules puedan ejerc6r
their proper functions without dif- espeditamente las funcione, que lea
ficulty or delay, they shall enjoy the corresp6nden, gozar/m las siguientes
following prerogatives: prerogativas:
1. The archives and papers of 1. Los archivos i papd1es de los
the consulate shall be inviolable, consulados serin inviodbles, i no
and cannot be seized by any func- podrin ser ocfipados por ningun fun-
tionary of the country in which they cionario del pals en que se hallan.
may be.
2. Consuls, in all that exclusively 2. Los C6nsules, en todo lo que
VOL. x. TasEAT. - 114

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906 CONSULAR CONVENTION WITH NEW GRANADA. MAi 4,1850.
concerns the exercise of their func- sea exclusivamente relativo al ejer-
tions, shall be independent of the cicio de sus funcidnes serdA inde-
State in whose territory they re- pendi6ntes de, estado en cuyo terr-
sde. torlo residan.
8. The consuls and their chancel- 8. Los CWnsules, sns Caneilleres
lors or secretaries shall be exempt 6 Secretarios estaran exentoe de to-
from all public service and from do servicio publico do contribuei6nes
contributions, personal and extraor- personales i de las extraordinarias
dinary, imposed in the 6ountry que se imp6ngan en el pals de su
where they reside. This exemp- residencia.. Esta exenci6n no cota-
tion does not comprehend the con- prende 6 los C6nsules i sue Cancil-
sals or their chancellors or secreta- 16res 6 Secretarios quo sean nacio-
ries who may bo natives of the nales del pas en que residan.
country in which they reside.
4. Whenever the presence of con- 4. Siempre que sea neeesia a
smls may be required in courts or asist6ncia de los Cdnsules en los tri-
offices of justice, they shall be sum- bunales 6 juzgados, se les oitari por
moned in writing. escrito.
5. In order that the dwellings of 5. A fin de que las habitaci6nes
consuls may be easily and gene- de los C6nsules sean facil i jeneral-
rally known, for the convenience of mente conocidas para la convenien-
those who may have to resort to cia de los que t6ngan que ocurrir 4
them, they shall be allowed to hoist ells, lea ser permitido enarbolar
on them the flag, and to place over en elas Ia banddra i poner sobre
their doors the coat of arms, of the sus puertas el escudo de armas de
nation in whose service the consul Ia Naci6n A quo sirvo el C6nsul,
may be, with an inscription expres- con una inscripci6n que esprese el
sing the functions discharged by empleo que ejerce; per6 estas in-
him; but those insignia shall not be signias no suponen derecho de asilo,
considered as importing a right of ni sustra la casa 6 sns habitantes
asylum, nor as placing the house or A las perquisas que los Magistradoe
its inhabitants beyond the authority del pais podrAn hac6r en ellas lo
of the magistrateswho may think pro- mismo que en las casas de los demas
per to search them, and who shall habit/irtes en los casos determinddos
have that right in regard to them in por las leyes.
the same manner as with regard to
the houses of the other inhabitants,
in the cases prescribed by the
laws.
ARTicLz VL AnTICULo VI.
The persons and dwellings of con- Las personas i casas do los C6n-
To bee sub o sus shall be subject to the laws and sules estardn sometidas a las leyes i
tot laws authorities of the country in all Autoridide del pais, en todo aquello
cases in which they have not re- que no se lea haya concedido una
ceived a special exemption by this exprhsa exenci6n per esta convert-
convention, and in the same manner ci6n, i de I&misma manera, que lo
as the other inhabitants. dsten los demas habitantes.

ARTxoLz VII. ARTOULO VII.

Consuls shall not give passports Los C6nsules no darin psap6rte


Forbidden to to any individual of their nation or A ninguno individuo de an naci6n 6
gl" Pmportain going to their nation who may be quo se dirija a ella, que tenga que
em ce&es, held to answer before any authority, respond6r ante alguna de las Auto-
court, or judge of the country for ridides, Juzgados 6 Tribundies del
delinquencies committed by them, pais por delito 6 falta que hubidre
or for it demand which may have cometido 6 por demanda que hubi6se

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CONSULAR CONVENTION WITH NEW GRANADA. MAY 4, 1850. 907

been legally acknowledged; pro- sido legalmente admitida, siempre


vided that in each case proper no- quo se haya dado al C6nsul el aviso
tice thereof shall have been given correspondiente, i cuidardn de que
to the consul; and they shall see los buques de su nacidn no que- To see that neu-
that the vessels of their nation do brAnten Ia neutralidd cuando I , ittyti obS"-
not infringe the rules of neutrality naci6n en que el C6nsul resida so
halle en guerra con ota
when the nation in which the eon-
sul resides is at war with another
nation.
ARTiCLz VIII. AnTicULo VIII.

The present convention shall be La presents Convencidn moM ra- Ratifleston.


ratified by the governments of the tificada por los Gobiernos de las Re-
two contracting republics, and the ptiblieas Contratintes i los instru-
ratifications shall be exchanged at m6ntos de ratiflcai6n serin can-
Bogota within the term of eighteen geddos en Bogoti en el termino de
months, counted from this date, or diez y ocho meses contddos desde
sooner if possible. esta feeha, 6 antes si faere posible.

ARTICLz IX. AsTioULO IX.

The present convention shall be La presents Convenid6n obligari. Duration of


binding upon the contracting parties. A las partes contratantes mientras m conveti
so long as the treaty of.peace, friend- que permanezca vjente el Tratado
ship, navigation, and commerce be- de Paz, Amistid, Navegaci6n, i Co-
tween the United States and New merco entre ]a Nueva Granada i
Granada, the ratifications of which los Estados Unidos, eangeddo en
were exchanged at Washington on Washington el dies de Junio de mil
the tenth of June, one thousand eight ochocientos cuarenta i ocho.
hundred and forty-eight, shall re-
main in force.
In faith whereof, we, the plemln- En fd de lo eua], Nosotros, los
potentiaries of the United States Plenipotenciirios do las Repdblicas
and of New Granada, have signed de Nueva Granada i do los Estados
the present, and have affixed to it Unidos, flrmamos el presents i lo
our respective seals, at Washington, sellamos con nuestros respectivos
the fourth day of May, in the year sollos en Washington, el dia cuatro
of our Lord one thousand eight de Mayo, del affo del Sefior mil
hundred and fifty. ochoeientos i eincuenta.
JOHN M. CLAYTON. RAFAEL RIVAS.
[BEAL.]
] JOHN IL CLAYTON.
RAFAEL RIVAS." Cs I.]
[sEAL.]

And whereas the said Convention has been duly ratified on both parts,
and the respective ratifications of the same were exchanged at Bogota, on
the thirtieth day of October last, by YzLxTOrro P. KnGo, Charg6 d'Af-
faires of the United States to New Granada, and VICTOmRUO DR DzeQO
PAiEDzs, Secretary for Foreign Affairs of New Granada, on the part
of their respective Governments:

Now, therefore, be it known, that I, MILLARD FILLMORE, Pre-


sident of the United States of America, have caused the said Convention
to be made public, to the end that the same, and every clause and article

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908 CONSULAR CONVENTION WITH NEW GRANADA. MLY 4, 1856.
thereof, may be observed and fulfilled with good faith by the United
States and the citizens thereof.
In witness whereof, I have hereunto set my hand and caused the seal
of the United States to be affixed.
Done at the City of Washington, this 5th day of December, in the
[L. s] year of our Lord one thousand eight hundred and fifty-one, and
of the Independence of the United States, the seventy-sixth.
[Signed] MILLARD FILLMORE.
Br Tm PaESwmXT:

[Countersigned.] DANIEL WEBSTER, Seretauy of &te.

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TREATY WITH BORNEO. JUNE 28, 1850.

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. June w, 1850.

A PROCLAMATION.
WnnEn&s a Convention between the United States of America and
His Highness the Sultan of Borneo was concluded and signed by their
respective plenipotentiaries at the city of Bruni on the twenty-third day
of June one thousand eight hundred lmd fiy, which Convention is word
for word as follows:
His Highness OxA ALr SAInMDDn', ebn Marhoum Sultan, Mahomed
Jamalil Alam, and Pangiran Anak Mumin, to whom belong the govern-
ment of the country of Bruni and all its provinces and dependencies, for
themselves and their descendants on the one part, and the United States
of America on the other, have agreed to cement the friendship which has
long and happily existed between them by a Convention containing the
following articles:

Ai&TILE 1. Peace, friendship, and good, understanding shall from Pesae and
henceforward and forever subsist between the United States of America fiendship d-
and his Highness Omar Ali Saifeddin, Sultan of Borneo, and their re- dared.
spective successors and citizens and subjects.
ARTTICLz 2. The citizens of the United States of America shall have aberty
of
full liberty to enter into, reside in, trade with, and pass with their mer- trade.
chandise through all parts of the dominions of his Highness the Sultan
of Borneo, and tkey shall enjoy therein all the privileges and advantages,
with respect to commerce or otherwise, which are now or which may
hereafter be granted to the citizens or subjects of the most favored na-
tion ; and the subjects of his Highness the Sultan of Borneo shall, in like
manner, be at liberty to enter into, reside in, trade with, and pass through
with their merchandise through all parts of the United Stateslof America
as freely as the citizens and subjects of the most favored nation ; and they
shall enjoy in the United States ot America all the privileges and ad-
vantages, with respect to commerce or otherwise, which are now. or
which may hereafter be granted therein to the citizens or subjects of the
most favored nation.
ARTICLB 8. Citizens of the United States shall be permitted to pur- securttes for
chase, rent, or occupy, or in any other legal way to acquire all kinds of property and
property within the dominions of his Highness the Sultan of Borneo; and pe
his Highness engages that such citizens of the United States of America
shall, as far as lies in his power, within his dominions, enjoy full and
complete protection and security for themselves, and for any- property
which they may so acquire in future, or which they may have acquired
already before the date of the present Convention.
A.TICLB 4. No article whatever shall be prohibited from being im- No article of
ported into or exported from the territories of his Highness the Sultan trdetobe pro-
of Borneo; but the trade betwein the United States of America and the Borneo.
dominions of his Highness the Sultan of Borneo, shall be perfectly free,
and shall be subject only to the custom duties which may hereafter be in
force in regard to such trade.
AnTiaLE 5. No duty exceeding one dollar per registered ton shall
be levied on American veisels entering the ports of his Highness the Duties on yes-
Sultan of Borneo; and this fixed duty of one dollar per ton to be levied se and other
on all American vessels shall be in lieu of all other charges or duties exactons.
whatsoever. His Highness, moreoVer, engages that American trade and
American goods shall be exempt from any internal duties, and also from
apy injurious regulations which may hereafter, from whatever causes, be
adopted in the dominions of the Sultan of Borneo.

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910 TREATY WITH BORNEO. JuNE 28, 1850.
No duty on ARTIOLE 6. His Highness the Sultan of Borneo agrees that no duty
exports. whatever shall be levied on the exportation from His Highness do.
minions of any article the growth, produce, or manufacture of those
dominions.
Ships of war ARTIcLz 7. His hness the Sultan of Borneo engages to permit
o visit Po_ the ships-of-war of the Ui States of --- freely to enter the ports,
freely and pur- S
chas supplies rivers, and creeks situate within his dominions, and to allow such ships
to provide themselves, at a- fair and moderate price, with such supplies,
stores, and provisions as they may from time to time stand in need of.
Wrecks. ARTICLE 8. If any vessel under the American flag should be wreck-
ed on the coast of the dominions of his Highness the Sultan of Borneo,
his Hihanes engages to give all the assistance in his power to recover
for andTto deliver over to the owners thereof all the property that can be
saved from such vessels. His Highness further engages to extend to
the officers and crew, and to all other persons on board of such wrecked
vessels, full protection, both as to their persons and as to their property.
TrialAmerican
,where of cases ARTICLE 9. ..His Highness the Sullan of Borneo agrees that in all
hE- re c cases where a citizen of the United States shall be accused of any crime
corned. committed in anv part of his Highfiess dominions, the person so accused
shall be exclusively tried and adjudged by the American Consul, or
other officer duly appointed for that purpose; and in all cases where
disputes or differences may arise between American citizens, or between
American citizens and the subjects of his Highness, or between American
citizens and the citizens or subjects of any other foreign Power in the
dominions of the Sultan of Borneo, the American Consul, or other duly
appointed officer, shall have power to hear and decide the same, without
any interference, molestation, or hindrance on the part of any authority
of Borneo, either before, during, or after the litigation.
This treaty shall be ratified, and the ratifications thereof shall be ex-
changed at Bruni at any time prior to the fourth day of July, in the year
one thousand eight hundred and fifty-four.
Done at the city of Bruni on this twenty-third day of June, Anno
Domini one thousand eight hundred and fifty, and on the thirteenth day of
the month Saaban, of the year of the Hegira one thousand two hundred
and sty-s JOSEPH BALESTIER, (L. .)

0MAR AlI SAIFEDDIN, (L. 8.)


And whereas the said Convention has been duly ratified on both parts,
and the respective ratifications of the same were exchanged at the city
of Bruni on the eleventh day of July, 6ne thousand eight hundred and
fifty-three, by Captain WILLIAM J. MCCLUNEY, of the United States
Navy, and PAxGzEa ExDza MACOT , Prime Minister of his High-
ness the Sultan of Borneo, on the part of their respective Governments:
Now, therefore, be it known that I, FRANKLIN PIERCE, Presi-
dent of the United States of America, have caused the said Convention
to be made public, to the end that the same, and every clause and article
thereof, may be observed and fulfilled with good faith by the United
States and the citizens thereof..

In witness whereof I have hereunto set my hand and caused the seal
of the United States to be affixed.

Done at the city of Washington, this twelfth day of July, in the


(L. s.) year of our Lord one thousand eight hundred and fifty-four,
and of the independene of the United States the seventy-ninth..
FRANKLIN PIERCE.
By TED PazsnxzM :
W. L. MARCY, &crelmy of &ate.

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TREATY WITH PORTUGAL. FzruuAn 26, 1851.

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. Feb. 16, 185L

A PROCLAMATION.
WESKEAS a Convention between the United States of America and
Her Most Faithful Majesty, the Queen of Portugal and of the Algarves,
was concluded and signed by their Plenipotentiaries, in this City, on the
twenty-sixth day of February, in the year of our Lord one thousand
eight hundred and fMfty-one, which Convention, being in the English and
Portuguese languages, is word for word as follows:
The United States of America Havendo os Estados Unidos da Preablea .
and Her Most Faithful Majesty, the America, e Sua Magestade Fidelis-
Queen of Portugal and of the Al- slma, A Rainha de Portugal e dos
garves, equally animated with the Algarves, igualmente animados do
desire to maintain the relations of dezejo de mantdrem a harmonia e
harmony and amity which have al- relagoens de b6a amizade, que sem-
ways existed, and which it is desi- pre tem existido e tanto convemn
rable to preserve between the two conservar entre as duas Poten*clas
Powers, having agreed to terminate, Deliberado terminar por uma Con-
by a Convention, the pending ques- vengo as questoens pendentes entre
tions between their respective Go- os dois Governos, relativas a certas
vernments, in relation to certain pe- reclamagoens pecuniarias de cida-
cuniary claims of American citizens dam Americanos, apresentadas pelo
presented by the Government of Governo dos Estados Unidos) contra
the United States against the Go- o Governo Portugues, Nomearam
vernment of Portugal, have appoint- Seus Plenipolenciarios para esse
ed as their Plenipotentares for that fim, a saber:
purpose, to wit:
The President of the United 0 Presidente dos Estados Unidos
States of America, Daniel Webster, da America, a Daniel Webster, Se- Regotlto.
Secretary of State of said United cretarino de Estado dos ditos Esta-
States, and dos Unidos, e
Her Most Faithful Majesty, J. C. Sus Magestade. Fidelissima a
de Figanibre 6 Morao, of Her Coun- Joaquim Cdsar de Figanibre e Mo-
l, Knight Commander of the Or- ro, do Seu Conselho, Commenda-
ders of Christ, and of 0. L. of dor da Ordem de Christo, e da de
Conception of Villa Vioza, and N. S.,da Copceiao de Villa Vi9oza,
MinSter Resident of Portugal near e Ministro Residente de Portugal
the Government of the United nos Estados Unidos-
States-
Who, after having exchanged Os quies, depois de terem tr6cado
their respective full powers, found os seus Plenos Poderes, que foram
to be in due and proper form, have achados em boo. e divide forma,
agreed upon and concluded the fol- adjustiram 8 COncluiram os arto
lowing articles: seguintes:
AnTiaLz I. AuTTro L

Her Most Faithful Majesty the S Magestade Fidelissima, A Paymenttobe


Queen of Portugal and of the Al- , Rainha de Portugal e dos Algarves, n-de in Ain ot
garves, appreeiating the difficulty Reconheeendo a difliculdade de se 0laim.

of the two Governments' agreeing entenderem os dois Governos sobre


upon the subject of said claims, from o assumpto de aquellas reelamagoens

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912 TREATY WITH PORTUGAL. FEBRtuuy 26, 1851.

the difference of opinion entertained -pelas opinioens divergentes, quo


by them respectively, which diffi- cada un conserva-difficuldade que
culty might hazard the continuance podia p6r em risco a b6a intelligen-
of the good understanding now pre- ciae harmonia existentesentre elles,
vailing between them, and resolved e, determinada a conservar ura e
to maintain the same unimpaired, outra, annuio a pagar ao Governo
has assented to pay to the. Govern- dos Estados Unidoes, ura somma
ment of the United States, a sum equivalente is indemnidades pedi-
equivalent to the indemnities claim- das para diversos cidadaos Ameri-
ed for several American citizens, canoes, (corn a excepgao da que he
(with the exception of that men- mencionada no artigo quarto :) a
tioned in the fourth article,) and qual somma o Governo dos Estados
which sum the Government of the Unidos se obriga a receber ocorno
United States undertakes to receive compensagao plena das ditas recla-
in full satisfadtion of said claims, magoens, corn a excepgao acima re-
except as aforesaid, and to distri- ferida, e a distribui la pelos recla-
bute the same among the claimants. mantes.

Aw =CLIL ARTIGO IL
The as of The high contracting parties, not Nao podendo as Altas Partes
the General b being able to come to an agreement contractantes concordar na questao
submitted-to ar- upon the question bf public law in- de Direito Publico, relativa ao easo
bitratlon. volved in the case of the American do Corsario Brigue Americano " Ge-
privateer brig"General Armstrong," neral Armstrong," destruido por Na-
destroyed by British vessels in the viosda marinhaBritinnioanasaguas
waters of the Island of Fayal, in da flha do Faial, em Septembro de
September, 1814, Her Most Faith- 1814,6 Sa Magestade Fidelissima
ful Majesty has proposed, and the Prop z, e os Estados Unido. da
United States of America have con- America coneorddram, que fosse a
sented, that the claim presented by reclamagQa apresentada polo Go-
the American Government, in be- verno Americano, em favor do ca-
half of the captain, officers, and crew pitanoffioides e Tripulagao do mes-
of the said privateer should be sub- mo cotsario, submettida so juizo ar-
mitted to the arbitrament of a soy- bitral de algum Soberano, Potenta-
ereign, potentate, or chief of some do, on Chefe de alguma Nags o
nation in amity with both the high amiga de ambas as altas partes con-
ontracting parties. tractantes.

ARTiCLE II. ARToO IIM


Copies of al. L% soon as the consent of the L6go que tiver sido obtido o con-
Cpm to be load sovereign, potentate, or chief of sentimento do Soberano, Potentado,
and his decion some friendly nation, who shall be ou Chefe de alguma Na"so amiga,
to be final, chosen by the two high contracting em que tiver reoahido a esc6lha das
parties, shall have been obtkined to iltas partes contractantes, para ser-
act as arbiter in the aforesaid case vir de arbitro na precitada questao
of the privateer brig "General do orsarlo "General Armstrong,"
Armstrong," copies of all corres- copias de toda a correspondencia
pondence which has passed in re- que tern medeado, dorea da mesma
ference to said claim between the reclamagao, entre os dois Governose
two Governments and their respec- sens respectivos Representantes, so-
tive representatives, shall be laid ram apresentadas ao mesmo arbitro,
before the arbiter, to whose decision a cnja decizao as duas altas partes
the two high contracting parties contractantes, des de ja se obrigam
hereby bind themselves to submit. a se submett~rem.

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TREATY WITH PORTUGAL. FzBuuAR 26, 1851.

ARTICLE IV. A33Uo IV.

The pecuniary indemnities which As indemnidacTes pecuniarias que $91,72T.00to


Her Most Faithful Majesty pro- Sum Magestade Fidelissima promete paid fr te
mises to pay, or cause to be paid, pagar, ou fazer pager por todas as
for all. the claims presented pro- reclamagoens apresentadas, antes do
vious to the 6th day of July, 1850, dia 6 de Julho, de 1850, em favor
in behalf of Ameiican citizens, by de cidadaos Americanos pelo Go-
the Governmentofthe United States, verno dos Estados Unidos, (corn a
(with the exception of that of the excepgao da do " General Arm-
"General Armstrong,") are fixed strong,")fieam Alxadas ma somma do
at ninety-one thousand seven bun- noventa um mil seteentos vinte e
dred and twenty-seven dollais, in sete dollars, na forma da eorrespon-
aceordancp with the correspondence deneia entre os dois Governos.
between he two Governments.

ARTIOCL V. AmTIGO V.

The payment of the sum stipu- 0 pagamente da somma estipula- rayment, how
lated in the preceding article shall da no artigo precedente, serA feito "'
be made in Lisbon, in ten equal in- em Lisboa, em des prestagoens
stalments, in the course of five years, ignues, no decurso de cinco annos,
to the properly-authorized agent of ao agente dos Estados Unidos de-
the United States. The first in- vidamente authorisado. A primeira
stalment of nine thousand one hun- prestagao de nove mU, cento setenta
dred and seventy-two dollars seven- e dois dollars, e setenta centavos,
ty cents, with interest ashereinafter corn os juros adiante, mencionados,
provided, (or its equivalent in Por- (ou seu equivalente em moeda ceor-
tuguese current money,) shall be rente Portuguesa,) seri satisfeita,
paid, as aforesaid, on the 80th day da lbrma que flea deelarada, no dia
of September of the current year 80 de Setembro do anno corrente
of 1851, or earlier, at the option of de 1851, ou antes, se o Governo
the Portuguese Government; and Portugues o tenha por conveniente,
at the enl of every subsequent six e, no Am de cad& seis moses subse.
mouths a like instalment shall be quentes, o pagamento de igual pres-
paid; the integral sum of ninety- tago serf feito, ficando assim, no dia,
one thousand seven hundred and 80 de Setembro de 1856, on antes,
twenty-seven dollars, or its equiva- satisfeita a sommg integral de no-
lent, thus to be satisfied on or before vents um mil setecentos vinte e sets
the thirtieth day of September, dollars, on o seu equivalents.
1856.
ARTICLE VI. AnTIGO VI.

It is hereby agreed that each and Fiea estipulado que so addicionara Interest.
all of the said instalments are to ao pagamento de cada una das di-
bear, and to be paid with an inte- tas prestagoens, o juro de seis por
rest of six per cent. per annum, ceanto ao anno, contado desde o die
from the date of the exchange of da tr6es das ratifica oens da pro-
the ratifications of the present Con- sente Convengao.
vention.
ARTICL= VIL ARTIGO VII.

sta Convenpao sen approvada


This Convention shall be ap-' e' ratifiesda e as ratificagoens troca- RaMilAtoRU s.
proved and ratified, and the ratifi-
cations shall be exchanged in the das no cidade de Lisboa dentro de
city of Lisbon within four months quatro mezes depois da sua assigna-
VOL. x. TREAT. -115

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TREATY WITH PORTUGAI& FBRuART 96,1851.
after the date hereof, or sooner If 'tura n'esta capital, ou, mals 6do.se
possible. ffr possiveL
In testimony whereof, the re- Em fS do quo, os respectivos
spectivePlenipotentiaries havesign- Plenipotenoiarios assigndram a pre-
ed the same, and affixed thereto the sente, e a selgram com o sello das
seals of their arms. suas armas.
Done in the city of W~ahington, Feita, na cidade de Washington,
D. C., the twenty-sixth daj of Fe- Districto de Columbia, aos vinte e
bruary, of the year of our Lord one seis dies de Feverefro do anno do
thousand eight hundred and fifty- nascimento de N. S. Jezu Christo
one. de mil oito centos • eincuenta e urn.
DANIEL WEBSTER. J. C. DE FIGANIERE E
] MORlO. L 8.
J. C. DE FIGAIERE Ei DAXNIEL WEBSTER.
NORIO. [L. B.] LL. s.)
And whereas the said Convention has been duly ratified on both parts,
and the respective ratifications of the same were exchanged at Lisbon on
the twenty-third day of June, in the year of our Lord one thousand
eight hundred and fifty-one, by CHARLES B. HAkDOOK, Chargd d'AffAires
of the United States near the Government of Her Faithful Majesty,
and ANTONIo ALuxzi6 JZIVIS D'AToUGUT, Minister of State for
Foreign Affairs of her said MXjesty, on the part of their respective
Goverfinents:
Now, therefore, be it known that I, MILLARD FILLMORE, Presi-
dent of the United States of America, have caused the said Convention
to be made public, to the end that the same, and every clause and article
thereof may be observed and fulfilled withgoqd faith by the United
States and the citizens thereoE
In witness whereof, I have hereunto set my hand and caused the seal
of the United States to be affixed.

Done at the city of Washington this first day of September, in


r* s the year of our Lord one thousand eight hundred and fifty-
one, and in the seventy-sixth year of the Independence of
the United States.
MILLARD FILLMORE.
BY TaH PaUSDMa:
WM. S DERRICK, Acting S..reemn of &at#.

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HeinOnline -- 10 Stat. 915 1849-1862
TREATY WITH COSTARICA. Jusr 10, 1851.

July 10, 1851. BY THE PRESIDENT OF THE UITED STATES OF AMERICA.

A PROCLAMATION.
Wamus, a Treaty of- Friendship, Commerce, and Navigation be-
tween the United States of America and the Republic of Costarica was
concluded and signed in the city of Washington, by their respective
Plenipotentiaries, on the tenth day of July, in the year of our Lord one
thousand eight hundred and fifty-one, the original of which Treaty,
being in the English and Spanish languages, is, word for word, as fol-
lows:
TREATY

Of )Wend 'p, Cnerce, and vigation, *wen the Unde &ates


of America and do Bepubic of Co.tarica.

In the name of the Most Holy En el Nodibre de Ia Santissima


Trinity. Trinidad.
Preamble. Commercial intercourse having Habiendo trifico comercial esta-
been tbr some time established be- blecido hace algun tiempo, entre Ia
tween the United. States and the Repfblica de Costarica y los Esta-
Republic of Costarica, it seems dos Unidos, ha parecido conveni-
good for the security as well as the ente, pard la seguridad, como tam-
encouragement of such commercial bien pam el fomento de sus mutuos
intercourse, and for the mainte- intereses, y par 1a conservacion de
nance of good understanding be- la buena inteligencia entre la men-
otween the United States and the cionada Repfiblica y los Estado
said Republic, that therelations now Unidos, que las relaciones que ahora
subsisting between them should be existen entre ambas partes, sean
regularly acknowledged and con- reconocidas y confirmadas formal-
firmed by the signature of a treaty mente, por medio de un Tratado de
of amity, commerce, and naviga- Amistad, Comercio, y Navegacion.
tion.
Negotlatm. For this purpose they have Con este objeto, ban sido nom-
named their respective Plenipoten- brados los respeetivos Plenipoten-
tiaries, that is to say: ciarios, a saber:
The President of the United Por su Excelencia el Presidente
States, Daniel Webster, Secretary de la Repiblica de Costarica, el
of StateI Seffor Don Felipe Molina, Enviado
And his Excellency the Presi- Extraordinario y Ministro Plenipo-
dent of the Republic of Costarica, tenciario de dicha Repfblica cerca
Sefior Don Felipe Molina, Envoy del Gobierno de los Estados Uni-
Extraordinary and Minister Pleni- dos;
potentiary of that Republic to the Y por el Presidente de los Esta-
United States; dos Unidos, Daniel Webster, Sec-
retario de Estado ;
Who, after having communicat- Quienes, despues de haberse co-
ed to each other their full powers, municado mutuamente sus plenos
found to be in due and proper form, poderes, y halidolos en debida y
have agreed upon and concluded regular forma, ban acordado y con-
the following articles: cluido los artieulos siguientes.

ARTxoLz L .ATiouLo L
State of amity There shall be perpetual amity Habrn una perpetua amistad en-
to eist, between the United States and tre el Gobierno de la Repiblica de

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TREATY WITH COSTARIUA. JULY 10, 1851.
their citizens on the one part, and Costarica y sus ciudadanos por una
the government of the' Republic of parte y los Estados Unidos y sue
Costarica and its citizens on the eiudadanos por otra parte.
other.

AnTrozE IL ARTICULO IL

There shall be, between all the Habr&entre los territorios de la Reoiprolfree-
territories of the United States, and co-
Rephiblica de Costarics, y todos los d.OinoW
the territories of the Republic of mee, except as
territorios de los Estados Unidos ototgioc.
Coatarica, a reciprocal freedom of una reciproes libertad de comereio.
commerce. The subjects and citizens Los ciudadanos y siibditos de los
of the two countries, respectively, dos paises, respectivamente, ten-
shall have liberty, freely and secure- drbm libertad par ir, libre y segu-
ly, to come with their ships and car- ramente, con sus buques y carga-
goes to all places, ports, and rivers mentos, A todos parages, puertos, y
in the territories aforesaid, to which rios en los territorios antedichos, 6,
other foreigners are or may be per- los cuales so permite 6 se permi-
mitted to come; to enter into the tiere ir 6. otros estrangeros, entrar
same, and to remain and reside in en los mismos, y parmanecer y re-
any part thereof, respectively; -also sidir en cualquiera parte de ellos,
to hire and occupy houses and respectivamente; tambien pars al-
warehouses for the purposes of quilar y occupar casas y almaeenes
their commerce; and, generally para los -objetos de su comereio ;
the merchants and traders of eacl y generalmento los comerciantes y
nation, respectively, shall enjoy the traficantes de cada nacion, respect-
most complete protection and secu- ivamente, gozarin la mas completa
rity for their commerce; subject, proteecion y seguidad pare en co-
always. to the laws and statutes of mercio; estando siempre sujetosA
the two countries respectively. las leyes y estatutos de los dos
paises, respectivamente.
In like manner, the respective Del mism modo,los respectivos
ships of war and post-offics pack- buques de guerra y paquetes de
ets of the two countries shall have correo do los dos paises, tendrdn
liberty, freely and securely, to come ibertad para liegar franca y segu-
to all harbors, rivers, and places to ramente a todos los puertos, rios, y
which other foreign ships of war lugares, A que se permits 6 se per-
and packets are, or may be permit- mitiere llegar buques de guerra y
ted to come, to enter into the same, paquetes de correo de otras na-
to anchor, and to remain there and ciones, entrar en los mismos, anelar
refit; subject, always, to th' laws y permanecer en ellos, y repararse,
and statutes of the two countries re- sujetos siempre 6,las lyes y esta-
spectively. tutos de los dos psises, respectiva-
mente.
By the right of entering the For el derecho de entrar en pa-
places, ports, and rivers mentioned rages, puertos, y rice de que se
in this article, the privilege of car- haco relacion, en eate Articulo, no
rying on the coasting trade is not estd comprendido el privilegio del
understood; in which trade, na- comercio de escala y cabotage, que
tional vessels only of the country unicamente seri permitido I buques
where the trade is carried on are nacionales del pass donde se hlciere
permitted to engage. semejante comercio.

ARTIaLz I. AXTICULOil

It being the intention of the two Siendo Ia intencion de las dos al- Ptrnilee of
high contracting parties to bind tas partes contratantes, el obligarse the"most favor-
themselves, by the preceding arti- por los articuls precedentes Attrn- tually
ed natin " mu-
conceded.

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TREATY WITH COSTARICA. JxLy 10, 1851.
eles, to treat each other on the foot- tarse la una Ala otra en Ice mismos
ing of the most favored nation, it t6rminos que la nacion ms fa-
is hereby agreed between them, vorecida, por el presente convienen
that any favor, privilege, or immu- mutuamente en que cualquier favor,
nity whatever, in mattdrs of com- privileglo, 6 inmunidad, de cual-
merce and navigation, which either quiera especie que fuere, que en
contracting - party has actually materias de comercio y navegacion
granted, or may hereafter grant haya conedido actualmente 6 pu-
to the subjects or citizens of any eda en adelante conceder, algna
other state, shall be extended to de las partes contratantes A los sub-
the subjects or citizens of the other ditos 6 ciudadanos de otra nation
high contracting party gratuitously, cuaiquiera, se harA extensivo A los
if the concession in favor of that subditos 6 ciudadanos de la otra
other nation shall have been gratu- alta parte contratante gratuita-
itous; or in return for a compensa- mnte; siempre que la concesion
tion as nearly as possible of propor- en favor de la otra nacion hubiere
tionate value and effect, to be ad- sido gratuita ; pues siendo condi-
justed by mutual agreement, if the cional, en tal easo por mutuo con-
concessions shall have been condi- venio, se accordar unsa compensa-
tiona/. eion equivalente, cuanto sea posible
y proporcionada, asi en el valor
como en los resultados.

ARTiCOLE IV. ATiomuLo IV.

Cmgmed No higher nor other duties shall No se impondrin otros 6 mas al-
prIsions be imposed on the Importation tos derechos t Ia Importacion en los
. Drlminaft- into the territories of the United territoris de Is Rep6bliea de Cos-
duties not t -" States, of any article being of the tarica, de cualesquiera articulos del
Ip'L growth, produce, or manufacture producto natura, producciones, 6
of the Republic of Costarica, aod Manufacturas de los territerios de
no higher nor other duties shall be los Estados Unidos, ni se impon-
imposed on the importation into the drin otros 6 mas altos derechos A
territories of the Republic of Cos- a importation en los territorios de
tarica, of any *articles being the los Estados Unidos de cualesquiera
growth, produce, or manufacture articulos del producto natural, pro-
of the territories of the United duociones, 6 manufacturas de la
States, than are or shall be payable Itepfblica de Costarica, que los
on the like articles, being the growth, que se pagan 6 pagaren por seine-
produce, or manufacture of any jantes.articulos, cuando sean pro-
other foreign country; nor shall ducto natural, producclones, 6 man-
any other or higher duties or char- ufacturas de cualquiera otro pals
ges be imposed in the territories of estrangero; ni se impondrin otros
either of the high contracting par- 6 mas altos derechos 6 impuesto.
ties, on the exportation of any en los territorios de eualquiera di
articles to the territories of the las altas partes contratantes A a
other, than such as are or may be exportacion de cualesquiera artieu-
payable on the exportation of the los para los territorios de la otra,
like articles to any other foreign que los que se pagan 6 pagaren por
country; nor shall any prohibition Ia exportacion de iguales articulo
be imposed upon the exportation or para cualquiera otro O estran-
importation of any articles, the gero; ni se impondrS prohibicion
growth, produce, or manufacture of algnatle exportacion 6importa-
the territories of the United States, cion] de cualesquiera artLculos del
or of the Republic of Costarica, to producto natural, prodnuolones, 6
or from the said territories of the minufacturas de los territorios do
United States, or to or from the la Repiiblica de Costarica, 6 de lo
Republic of Coestaica, which shall territorios de los Estades Unidos.

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TREATY WITH COSTARICA. JULy 10, 1851.
not equally extend to all other na- pars los dichos, 6 de los dichos ter-
tions. ritorios de Ia Repiblica de Costa-
rica; 6 pars los dichos, 6 de los
dichos territories do los Estados
Unidos, que no se extiendan igual-
mente t todas las otras naciones.
ARTiCLe V. ARTxcu.o V.

No higher nor other duties or No se impondrim otros ni Mas Tonnge duties


payments on account of tonnage, altos derechos ni pagos por razon and other loca
of light, or harbor dues, of pilotage, = in am
de toneladas, fanal, emolumentos de -mg.
of salvage, in case either of damage puerto, prctico, derecho de salva-
or shipwreck, or on account of any mento, en caso de perdida 6 naufra-
other local charges, shall be im- gio, ni por razon de algunas otras
posed in any of the ports of the Re- cargas locales en ninguno de los pu-
public of Costarica, on vessels of ertos de los Estados Unidos, 6 los
the United States, than those pay- buques Costaricenses, sin6 los que
able in the same ports by Costa- unicamente pagan en los mismos,
rican vessels; nor in any of the los buques de los Estados Unidos;
ports of the United States, on Co- ni en los puertos de ls Republics
staien vessels than shall be pay- de Costarica se impondrdn A los
able in the same ports on vessels buques de los Estados Unidos, otras
of the United States. cargas que las que, en los mismos
puertos, pagan los Costariconses.
ARTIOLE VL ARTICULO VI

The same duties shall be paid Se pagardn los mismos derechos OomweW
on the importation into the territo- de importacion en los territorios do prvlsio.
ries of the Republic of Costarica, los Estados Unidos por los artieu-
of any article being of the growth, los de productos naturales, produc- Duties,
produce, or manufacture of the ter- ciones, y manufaeturas de Ia Re-
ritories of the United States, whe- pfblica de Costarica, bien sean ian-
ther such importation shall be made portados en buques de los Estados
in Costarican, or in vessels of the Unidos 6 Costaricenses ;, y los mis-
United States; and the same duties mos derechos se pagarda por la im-
shall be paid on the importation portacion en los territorios de Ia
into the territories of the United Repfblica de Costarica, de las ma-
States of any article, being the nufacturas, efectos, y producciones
growth, produce, or manufacture de los territorios do los Estados
of the Republic of Costarica, whe- Unidos, aunque su importacion sea
ther such importation shall be made en buques Costaricenses 6 do los
in United States or in Costarican Estados Unidos.
vessels.
The same duties shall be paid, Los mismos derechos pagazn , y
and the same bounties and draw- gozardn las mismas franquicias y
backs allowed, on the exportation descuentos concedidos ii la exporta-
to the Republic of Costariea, of cion para los territorios de los Fs-
any articles being the growth, pro- tados Unidos, cualesquiera articulos
duce, or manufacture of the terri- de los productos naturales, produc-
tories of the United States, whether ciones, 6 manuActuras de la Re-
such exportations shall be made in pfiblica do Costarica, ya sea que Ia
Costarican or in United States ves- exportacion se hap en buques de
sels; and the same duties shall be los Estados Unidos 6 Costaricenses;
paid, and the same bounties and y pagardn los mismos derechos, y se
drawbacks allowed on the exporta- concederAn las mismas franquicias
tion of any articles, being the y descuentos A la exportacion para
growth, produce, or manufacture la 1lepublica de- Costarica, de cu-

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TRE!ATY WITH COSTARICA. JuLY 10, 1851.
of the Republic of Costarica to the alesquiera jrticulos de los produc-
territories of the United States, tos naturales, producciones, 6 ma-
whether such exportation shall be nufacturas de los territorios de los
made in United States or in Cos- Estados Unidos, sea que eats ex-
tarican vessels. portacion se hags en buques Costa-
ricenses 6 de los Estados UnIdos.

ARTICLE VII. ATxcuLo VIL

Prvlewor All merchants, commanders of Todo comerciante, comandante


citizns c either ships, and others, citizens of the de buque, y otros ciudadenos, de Ia
fof in the United States shall have full liberty,
other. in all the territories of the Repub- Repfiblia de Costarica, gozarda de
libertad completa en todos los terni.
lie of Costarica, to manage their toris de los Estados Unidos para
own affairs themselves, or to com- nianejar per si sus propios nego-
mit them to the management of cios, 6 para encargar su manejo A
whomsoever they please, as broker, quien mejor lee parezca, sea corre-
factor, agent, or interpreter; nor dor, factor, agente, 6 interpr6te; y
shall they be obliged to employ any no se les obligarA A emplear para
other persons in those capacities ostos objetos A ninguna otra per-
than those -employed by Costari- sona mas que Ias que se emplean
cans, nor to pay them any other por los ciudadanos de los Estados
salary or remuneration than such Unidos, ne estar n obligados i pa-
as is paid in like cases by Costari- garles *ias salarlo 6 remuneracion,
can citizens; and absolute freedom que la que, en semejantes casos, se
shall be allowed in all cases to the paga por ciudadanos de'los Estados
buyer and seller to bargain and fix Unidos ; y se conceder& libertad
the price of any goods, wares, or absoluta en todos cases al compra-
merchandise imported into or ex- dor y vendedor, pars ajustar y fijar
ported from the Republic of Cos- el precio de eualesquiera efectos,
farica, as they shall see good, ob- mereaderias, y g6neros importados
serving the laws and established 6 exportados de la Rep6blica de
eustoms of the country. The same Costarica, como crean conveniente,
privileges shall be enjoyed in the conformtndose con las leyes y cos-
territories of the United States by tumbres establecidas en el pais.
the citizens of the Republic of Cos- Los mismos privilegios disfrutardn
tarica under the same conditions. en los territorios de Is Repfbliea
de Costarica los ciudadanos de los
Estados Unidos y sujetos 6,sI mis-
mas condiciones.
The citizens of the high contract- Los ciudadanos delas altas partes
ing parties shall reciproeallyreceive contratantes recibirin y gozar n re-
and enjoy full and perfect protection ciprocamente de completa y per-
for their persons and property, and fects proteccion en sus personas y
shall have free and open access to propiedades, y tendr~n fibre y facil
the courts of justice in the said coun- acceso i los tribunales de justicia
tries respectively, for the prosecu- en los referidos paises, respectiva-
tion and defence of their just rights; mente, pars la prosecucion y defensa
and they shall be at liberty to em- de sue justos derechos; y estardn
ploy, in all cases, the advocates, en ibertad de emplear en todos
attorneys, or agents of whatever casos los abogados, prociradores, 6
description, whom they may think agentes de cualquier ele, que
proper, and they shall enjoy in this juzguen conveniente; yr gozarn en
respect the same rghts and privi- este respecto, los mismos derechos
leges therein as native citizens. y privlegios que all disfrtaren los
ciudadanos natives.

HeinOnline -- 10 Stat. 920 1849-1862


TREATY WITH COSTARIOA. Sur. 10, 1851.
ARTICLE VIM AnTiCUo VIIM
In whatever relates to the police Pot lo quo toea la policia de Samesbject.
of the portsthe lading and unlading los puertos, A Ia carga y dcarga
of ships, the safety of the merchan- dd buques, la seguridad de las mer-
dise, goods, and effects, the succes- cancias,bienes, y efeotos, Ia sucesion
sion to personal estates by will or de las propiedades personales por
otherwise, and the disposal of per- testamento, 6 de otro modo, y al
sonal property of every sort and derecho de disponer de la propiedad
denomination, by sale, donation, ex- personal, de calquiera clase 6 de-
change, testament, or in any other nominacion, por vents, donacion,
Smanner whatsoever, as also the ad- permuta, testamento, 6 de otro modo
ministration of justice; the citizens cualquiera, asi como tambien A la
of the two high contracting parties administracion de justicia; los ciu-
shall reciprocally enjoy the same dadanos de las dos altas partes con-
privileges, liberties, and rights as tratantes, gozarda, reciprocamente
native citizens, and they shall not los mismos privilegios, libertades, y
be charged in any of these respects derechos, que si fueran ciudadanos
with any higher imposts or duties nativos, y no se les cargard en nm-
than those which are paid or may guno de estos puntos 6 casos, ma-
be paid by native citizens; submit- yores impuestos 6 derechos que los
ting of course to the local laws and que pagan, o en adelante pagaren
regulations of each country respect- los ciudadanos nativos, sujetos por
ively. supuesto i las leyes y estatutos lo-
If any citizen of either of the cales de cada pais, respectivamente.
two high contracting parties shall En caso que muriere algun ciu-
die without will or testament in any dadano de cualquiera de las dos
of the territories of the other, the altas contratantes, sin haber hecho
consul-general or consul of the na- su 6ltima disposicion 6 testamento,
tion to which the deceased belonged, en cualquiera de los territories do
or the representative of such consul- Ia otra, el C6isul-general 6 el Con-
general or consul in his absence, sul de la nacion A que pertenecia el
shall have the right to nominate difunto, 6 en su ausencia, el que
curators to take charge of the pro- representare Adicho C6nsul-general
perty of the deceased, so far as the 6 C6nsul tendrd el derecho de nom-
laws of the country will permit, for bran curadores, que se encarguen
the benefit of the lawful heirs and de Ia propiedad del difunto, en
creditors of the deceased, giving cuanto las leyes del pals lo per-
proper notice of such nomination to mitieren, Abeneficlo de los legitimos
the authorities of the country. herederos y acreedores del difunto;
dando noticia convenlente 6 las an-
toridades del pals.
ARTICLE IX. ARTICULO IX.
The citizens of the United States Los ciudadanos de los Fsados &ame ,bjw.
residing in the Republic of Costa- Unidos residentes en la Repfblica
rica, and the citizens of the Repub- de Costarica y los ciudadanos de la
lic of Costarica residing in the Rephblicade Costaricaresidentesen
United States, shall be exempted los Estadob Unidos, estardn exentos
from all compulsory military service de todo servicio militar forzado-de
whatsoever, either by sea or by cualquier espocie, de mar 6 de tierra
land, and from all forced loans or y de todo pr6stamo forzoso, 6 exac.
military exactions or requisitions, ciones militates, 6 requisiciones; ni
and they shall not be compelled, serdn eompelidos A pagar, bajo nin-
under any pretext whatsoever, to gun pretexto, cualesquiera cargos
pay other ordinary charges, requi- ordinarios, requisiciones, 6 impues-
sitions, or taxes greater than those tos mayores, que los que paguen
that are paid by native citizens of los ciudadanos nativos de Iaspartes
the contracting parties respectively. contratantes respectivamente.
VOL. X. T RAT.-'ll6

HeinOnline -- 10 Stat. 921 1849-1862


TREATY WITH COSTARICA. JuLY 10, 1852.
AETXOLE X. ARTXCuLo X.

Prvodon re- It shall be free for each of the Cada una de las dos altas partes
s C. - two high contracting parties to ap- contratantes, podr4 nombrar C6n-
watio agents. point consuls for the protection of sules, para la proteocion del comer-
trade, to reside in any of the terri- cio, quo residan en cualquier de
tories of the other party; but before los territorios de la otra parte; pero
any consul shall act as such, he Antos quo ningun C6nsu funcione
shall, in the usual form, be approved como tal, deberd sei aprobado y
and admitted by the government to admitido en Ia forma acostumbrada,
which he is sent; and either of the por el Gobierno, 4 quien se dirige;
high contracting parties may except y oualquiera de las altas partes con-
from the residence of consuls such tratantes puede exceptuar de Ia
particular places as they judge fit residencia de C6nsules ".aquellos
to be excepted. The Costarican puntos particulares, en que no ten-
diplomatic agents and consuls shall gan por conveniente admitirlos.
enjoy in the territories of the United Los agentes diplomittics y los C6n-
Sotes whatever privileges exemp- soles de la Rep6blica de Costarica
tions, and immunities are or shall gozarim en los territorios de los Es-
be granted to agents of the same tados Unidos de todos los privilegios,
rank belonging to the most favored exenciones, 6 inmunidades concedi-
nation; and in like manner the das, 6 quo so concedieren, A los
diplomatic agents and donsuls of agentes de igual rango de la nacion
the United States in the Costarican mas favorecida; y del mismoimodo,
territories, shall enjoy according to los agentes diplomities y C6nsules
the strictest reciprocity whatever do los Estados Unidos, en los ter-
privileges, exemptions, and immu- ritorios de la Repfablica de Costarica
nities are or may be granted in the gozardn, conforme AIa mas exacta
Republic of Costarica to the diplo- reciprocidad, todos los privilegios,
matic agents and consuls of the exenciones, 6 inmunidades quo se
most favored nation. conceden 6 en adelante se concedie-
ron, 6, los agentes diplomAticos y
Cdnsules de Ia nacion mas favored-
da, en la Rephblics do Costarica.
AETroLz XL AnTioCLo XI,

Proviions in For the better security of om- Para mayor seguridad del comer-
the event of a meres between the citizens of the cio entre los ciudadanos de los Es-
rupture between United States and the citizens of tados Unidos y los ciudadanos de
the two nations, the Republic of Costarics, it is
la Repfiblica de Costarica, se esti-
agreed, that if at any time any In- pula, quo si en algun tiempo occur-
terruption of friendly intercourse, riere desgraciadamente una inter-
or any rupture should unfortunately rupeion, en las rolaciones amistosas,
take place between the two high y se efeotuare un rompimiento entre
contracting parties, the citizens of las dos altas partes contratantes, so
either of the two high contracting concederdn & los ciudadanos, de
parties who may be within any of cualquiera de las dos altas partes
the territories of the other, shall, contratantes, quo est6n dentro de
if residing upon the coast, be al- los territorios de la otra, si residen
lowed six months, and if in the in- en las costas, seis meses, y un aflo
terior, a whole year to wind up their entero A los quo residan en el inte-
accounts and dispose of their pro- rior, puA arreglar sB negocios, y
perty; and asafe conduct shall be disponer de sus propiedades; y so
given them to embark at the port les darA un salvo condudo, pars
which they themselves shall select; quo se embarquen en el puerto quo
and even in the event of a rupture, ellos elijieren; y sun en caso de un
all such citizens of either of the rompimiento, todos aquellos ciuda-
two high' contracting parties who danos de cualquiera de las dos altas

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TREATY WITH OSTAIOA. JuLy 10, 1851.
are established in any of the terri- partes contratantes que esten esta-
tories of the other, in the exercise blecidos en cuslquiera de los terri-
of any trade or special employ- torios de la otra, en el ejercicio de
ment, shall have the privilege of algun trlco ,6 ocupaecion especial,
remaining and of continuing such tendrin el pivilegio de permanecer
trade and employment therein y continuar dicho trifico y ocupa-
without any manner of interruption, cion, en el referido pas, sin que se
in the full enjoyment of their lib- les interrumpa en manera alguna
erty and property as long as they en el goze absolut de ou libertad
behave peaceably, and commit no y de sus bienes, mintras se con-
offence against the laws ; and their dusean pci camente, y no comtan
goods and effects of wbatever de- ofensa alguna contra lsa leyes; y
scription they may be, whether in sus bienes y efectos de cualquiera
their own custody or intrusted to clame que sean, bien que est6n bojo
individuals or to the State, shall not sn propria custodia, 6 conflados ( in-
be liable to seizure or sequestra- dividuos 6 al Estado, no estarfn su-
tion, nor to any other charges or jetos 6. embargo 6 secuestro, ni Anis-
demands than those which may be guna car 6 imposicion que Is que
made upon the like effects or pro- so haga con respecto A los efectos 6
petty belonging to the native citizens bienes pertenecientes i los ciuda-
of the country in which such citi- danos del pals en que dichos ciuda-
zens may reside. In the same case danos residan. De igual modo 4
debts between individuals, property en el mismo caso, ni las deudes en-
in public funds, and shares of com- tre particulares, ni los fondos pfibli-
panies, shall never be confiscated, cos ni ls acciones de compaflias
sequestered, nor detained. sern jamas onfiscadam, seeuestra-
dam, 6 detenidas.
ARTioLz XI. ARTroULO XiL

The citizens of the United States Los cludadanos de Is Repfibliea Privles of


and the ctizens of the Republic of •• - .4y los
de Costarica 4 ueuddanoso de lnain inOfeOer
h
the
Costarica respectively, residing in los Estados Unidos quo residan other.
any of the territories of the other en cualquiera de los territorios
party, shall enjoy in their houses, de I otra parte, gozarn rd-
persons, and properties, the protec- procamente en s casas, per-
tion of the government, and shall sonas, y bienes, de ia proteeion
continue in possessionof the guaran- del Gobierno, y continuardn en
ties which they now enjoy. They posesion de las garantias que ae- Liberty of eoe.
shall not be disturbed, molested, or tualmente tienen. No serdn in- sben-
annoyed in any manner on account quietados, molestados, ni perturba-
of their religious belief, nor in the dos en manera aiguna, en razon: de
proper exercise of their religion, mu creencia religiosa, ni en los ejer-
either within their own private cicios propios de su religion, ya
houses or in the places of worship dentro do sus casas particulares, 6
destined for that purpose, agreeably en los lugares del culto destinados
to the system of tolerance establish- para aquel objeto, conforme at siste-
ed in the territories of the two high ma de tolerancia establecido en los
contracting parties; provided they territorios de las dos altas partes
respect the religion of the nation contratantes; con tal que respeten
in which they reside, as well as the I religion de la nacion en que re-
constitution, laws, and customs of sidan, asi como la constitution, leyes,
the country. Liberty shall also be y costumbres estableeidas. Ten- Rights ofbulal.
granted to bury the citizens of drin tambien libertad de enterrar
either of the two high contracting A los ciudadanos de cualquiera de
parties who ma7 die in the territo- Ins dos altas partes contratantes,
ries aforesaid, m burial places of que murieren en los referidos terri-
their own, which in the same man- torios, en sus propios cementerios,
ner may be freely established and que podrin del mismo modo libre-

HeinOnline -- 10 Stat. 923 1849-1862


924 TKtATY WITH CosTARICA. JULY 1, 1851.
maintained; nor shall the funerals monte establecer y mantener; y no
or sepulchres of the dead be dis- so molestarAn los funerales ni los
turbed in any way or upon any ac- sepulcros de los muertos, de nigun
count. modo ni por motivo algano.

As XoLz XIII. ARTIOULO II


Art, V V In order that the two high con- Par quo Ias dos altas partes
and VL of this traeting parties may have the op- contratantes tongan en lo futuro,
tty m bmportunity of hereafter treating and oportunidad de tratar y ajustar
mom n otie agreeing upon such other arrange- cualesquiem otros arreglos quo
after 7 yearm ments as may tend still further tioendan sun mas eficasmente 6
the improvement of their mutual strechar las relaciones existentes,
intercourse, and to the advance- y al adelanto de los intereses do los
ment of the interests of their re- respectivos ciudadanos, se ha con-
spective citizens, it is agreed that venido, quo en oualquier tiempo,
at any time after the expiration of pasados siete aos, desde ]a fecha
seven years from the date of the en que se cang6en las ratifeaciones
exchange of the ratifications of the del presente tratado, eaiquiera de
present treaty, either of the high las dos altas partes contratautes
contracting parties shall have the podrA poner en conocimiento de Ia
right of giving to the other party otra parte sus intenciones de ter-
notice of its intention to terminate minarlos Articulos IV. V. y VI del
Articles IV. V. and VI. of the presente Tratado; y que al espirar
present Treaty; and that at the un ao desde que una de las partes
expiration of twelve months after haya recibido de Ia otra, dicha noti-
such notice shall have been received cia, le expresados articulos, y todo
by either party from the other, the en contenido, dejarda de ser obliga-
said articles, and all the stipulations torios Alas dos altas partes contra-
cotained therein, shall cease to be tantes.
binding on the two high contracting
parties.
A TioLE XIV. ATIcuLo XIV.
]he=V of The present treaty shall be rati- El presente tratado seriratiflcado,
aftwoaos. fled, and the ratifications shall be y as ratifleaciones cambiadas en
exchanged at Washington or at San Jos6 de Costarica 6 en Wash-
San Jos6 de Costariea within the ington, en el t6rmino do un ao, 6
space of one year, or sooner if pos- dntes si possible fuese.
sible.
In witness whereof the respect- Enf%de lo cual, los respectivos
lye Plenipotentiaries have signed Plenipotenciaros ban firmado el
the same and have affxed thereto presents, sellhndolo con sus sellos
their respective seals respectivos.
Done at Washington this tenth Fecho en la Ciudad do Wash-
day of July, in the year of our ington, A los diez dias del mes de
Lord one thousand eight hundred Julio, del dgo del Seflor mil ocho-
and My-one. cientos cincuenta y uno.
DANIEL WEBSTER, [L. s.] F. MOLINA, rL. s.1
F. MOLINA, tL. sa. DANIEL WEBSTER, [L.s.]
And whereas the said Treaty has been duly ratified on both parts,
and the respective ratifications of the same were exchanged at Wash-
ington, on the twenty-sixth day of May, eighteen hundred. and Mfly-two,
by WnLrAx Huw , Acting Secretary of State of the United States
of America, and Seffor Don FzLrp. MoLiNA, Envoy Extraordinary
and Minister Plenipotentiary of the Republic of Costarics, on the part
of their resnective governments.

HeinOnline -- 10 Stat. 924 1849-1862


TREATY WITH COSTARICA. JuLT 10, 1851. 925
N~ow, therefore, be it known, that I, MILLARD FILLMORE,
President of the United States of America, have caused the said
Treaty to be made public, to the end that the same, and every clause
and article thereof, may be observed and fulfilled with good faith by thE
United States and the citizens thereof.
In witness whereof, I have hereunto set my hand and caused the seal
of the United States to be affixed.
Done at the city of Washington this twenty-sixth day of
May, in the year of our Lord one thousand eight hundred
and fifty-two, imad of the independence of the United States
of America the peventy-sixth.
MILLARD FILLMORE.
BT TEM P'nBMMT:
W. HUN RER,
"y &cretary of &at#.

HeinOnline -- 10 Stat. 925 1849-1862


TRF(ATY WITH PERU. Jm 26, 1851.

July 2s, 1851. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.

A PROCLAMATION.
W==".., a Treaty of Friendship, Commerce, and Navigation, be-
tween the United States of America and the Republic of Peru, was
concluded and signed at Lima, on the twenty-sixth day of July, one
thousand eight hundred and hfty-one which treaty, being in the English
and Spanish languages, is word for word as follows:
Preambis The United States of America La Repfiblica del Perh ylos Es-
and the Republic of Peru, being tados Unidos de Am6rica, hallan-
equally animated with the desire dose igualmente animados con el
to render firm and permanent the deseo de hacer fArmes y perma-
peace and friendship which have nentes Ia paz y Amistad que feliz-
always so happily subsisted be- mente ban subsistido siempre entre
tween them, and to place their com- ellos, y de colocar sus relaciones de
mercial relations upon the most comercio bajo las bases mas libe-
liberal basis, have resolved to fix rales; han resuelto fijar reglas cla-
clear and precise rules which shall ras y precisas, las que se observa-
in future be religiously observed nn religiosamente en lo sucesivo
between the two nations by means entre ambas naciones, per medio de
of a treaty of friendship, commerce, un tratado de Paz, commercio, y
and navigation. navigacion.
Negotiator To attain this desirable object the Y para lograr este deseado ob-
President of the United States of jeto; el Presidente de la Rep6blica
America has conferred full powers del Perfk ha conferido plenos po-
on John Randolph Clay, the accre- deres al Jeneral de Brigada Don
dited ehargi d'afaires of the said Juan Crinsostomo Torrico, Ministro
States, to the government of Peru, de Guerra y Marina, Eneargado
and the President of the Republic Interinamente del Ministerio de Re-
of Peru has conferred like full laciones Exteriores; y el Presidente
powers on Brigadier General Don de los Estados Unido ha conferido
Juan Crisostomo Torrico, Minister iguales plenos poderes al Selfor
of War and the Marine, Minister Juan Randolph Clay ncargado de
of Foreign Affairs, ad interim, &c., Negocios de los Estados Unidos
who, after exchanging their respec- cerca del gobierno del Perf : los
tive full powers, found to be In euales despues de haber canjeado
good and due form, have agreed sue respectivos poderes, y halladolos
upon and concluded the following en buena y debida forma ham con-
articles: venido en los articulos siguientes:

MXTIOL. L ARTicuLO L

state of peace There shall be perfect and per- HabrA perfeeta y perpetua paz
provided for. petual peace and friendship between y Amistad entre la Repfiblica del
the United States of America and Peri y los Estados Unidos de
the Republic of Peru, and between America y on entre sus respectivos
their respective territories, people, territorios, pueblos yciudadanos sin
and citizens, without distinction of distincion de persona 6 lugares.
persons or places.

ARTrILE IL A.icuLO I.

Freed= of The United States of America, La Repfblica del Perfi y los Es-
eOmmeM. and the Republic of Peru, mutually fades Unidos do Am6rica convienan

HeinOnline -- 10 Stat. 926 1849-1862


TREATY WITH PERU. "JuLT 26, 1851.
agree that there shall be reciprocal mutamente en que habrA libetad
liberty of commerce and navigation reciproca de comerelo y navigacion
between their respective territories entre sus respectivos territories y
and citizens; the citizens of either ciudadanos: los ciudadanos de eu-
republic may frequent with their alquiera de lss dos repfiblicas po-
vessels, all the coasts, ports, and dma freeventar con sus buques
places of the other, whatever fo- todas las costas, pueros, y lugares
reign commerce is permitted, and do Ia otra on que so permits el co-
reside in all parts ofthe territories mercio extrangero; residir en cual-
of either, and occupy dwellings and quier punto de los territories de Is
warehouses; and every thing be- otra y ocuparlas casas y almacenes
longing thereto shall be respected, quo necesiten ; y todo lo que lea
and shall not be subjectod to any pertenezea seri respetado y exento
arbitrary visits or search. de tods visia 6 pesquisa arbitraria.
The said citizens shall have full Dichos eiudadanos gozamn de en- Prvnepo
liberty to trade in all parts of the tem libertad para comerciar en to- natio inthe
territories of either, according to das partes del territorio de la otra, other
the rules established by the respect- segun las reglas establecidas per las
ive regulations of commerce, in all respectivas leyes do comercio en
kinds of goods, merchandise, manu- todo genero do efeetos, mercaderlas,
factures, and produce not prohibited manufacturas, y produetos do licito
to all, and to open retail stores and comercio, y abrir tiendas y alma-
shops, under the same municipal cenes por menor, sometiendose A
and police regulations As native las mismas leyes, decretos, y usos
citizens; and they shall not in this establecidos para los ciudadanos del
respect. be liable to any other or pals; y no estar" sujetos 6, may-
higher taxes or imposts than those ores contribuciones 6 impuestos que
which are or may be paid by native los que pagan 6 deban pagar los
citizens. No examination or in- naturales. No so examinarin 6 in-
speetion of their books, papers, or speccionarin los libros, papeles, 6
accounts shall be made without the cuentas quo lea pertenezcan sin
legal order of a competent tribunal mandato de un tribunal 6 juez com-
or judge. petente.
The citizens of either county shall Los cudadanos de cualquiera de
also have the unrestrained right to las dos partes tendr/n tambien el
travel in any part of the posses- derecho ilimitado do viajar por on-
sions of the other, and shall in all alquier parts de las posedones del
cases enjoy the same security and otro, y en todos los cam gozadn
protection as the natives of the de Ia mism seguridad y proteceion
country wherein they reside, on quo les naturales del pals donde
obndition of their submitting to the residen, con condicion de someterse
laws and ordinances there prevail- i Us leyes y ordenanzas quo ew el
ing; they shall not be called upon so observen; no so lea exijr nin-
for any forced loan or occasional gun emprestito fbrzoso, ni nIngun
contribution, nor shall they be lia- contribucion accidental, ni istardn
ble to any embargo, or to be de- sujetos i ningun embargo, ni Aque
tained with their vessels, cargoes, so les detena con sus buques, car-
merchandise, goods, or effects, for gamentos, mereaderias, 6 efeetos pa-
any military expedition, or for any ra ninguna expedicion militar 6
public purpose whatsoever, without parm cualquier objeto publico, sin
being allowed therefor a full and concederles por ello una cumplida
sufficient indemnification, which y sauficiente idemnizacion, que en
shall in all cases be agreed upon todo caso soconvenga y pague ade-
and paid in advance. lantada.
AICL IlL Awiouo II.
Each natiopto
The two high contracting parties dos
des rtes, "-os stmid on he foot-
hereby bind and engage themselves so obligan y omprometen Ano con- fgord nation."

HeinOnline -- 10 Stat. 927 1849-1862


928 TREATY WITH PERU. JuLy 26, 1851.
-not to grant any favor, privilege, or ceder favorprivilejio,6 exencion a-
immunity whatever, in matters of guna sobre comercio y navegacion
commerce and navigation, to other A otras naciones, sin hacerlos exten-
nations, which shall not be also im- sivos tambien inmediamente i los
mediately extended to the citizens ciudadanos de Ia otra parte contra-
of the other contracting party, who tante, que los gozarA gratuitamente
shall enjoy tbe same, gratuitously, sila concesion hubiese sido gratuita,
if the concession shall have been o mediante igual compensacon, t
gratuitous, or on giving a compen- otra equivalente, quo se arreglard
sation as nearly as possible of pro- de mutuo acuerdo, si Ia concesion
portionate value and efect to be hubiese sido condicional.
adjusted by mutual agreement, if
the concession shall have been con-
ditional.
AxTiCLE IV. Apwxo o IV.
Dutesnves- No higher or other duties or No se exiJirn otros 6 mns altos
ode, sud 1o64 charges on account of tonnage, derechos en razon do tonelada ,
hap. light-houses, or harbor dues, pilot- firo, puerto, pilotaje, cuarentena, y
age, quarantine, salvage in case of salvamento en casos de averia, 6
damage or shipwreck, or any other naufrajio, ni otros impuestos locales,
local charges, shall be imposed in en los puertos de la Repfblica del
any ports of Peru on vessels of the Per6 Alos buques de los Estados
United States, of the burden of two Unidos de mas de doscientas tone-
hundred tons and upwards, than ladas, que los quo pagaren en dichos
those payable in the same ports by puertos los buques Perunos del
Peruvian vessels of the same bur- mismo porte; ni en los puertos de
den; nor in any of the ports of the los Estados Unidoes los buques
United States by Peruvian vessels Peruanos de rns de doscientas to-
of the burden of two hundred tons neladas, quo los que pagaren en los
and upwards, than shall be payable mismos puertos los buques de los
in the same ports by vessels of the Estados Unidos de igual porte.
United States of the same burden.
ANTICLA V. AnTiCULO V.

All kinds of merchandise and Toda elase de merceaderias y ar-


PWOYVWOs, articles of commerce which may be ticulos do comercio que sean import-
lawfally imported into the ports ados legalmente en los puertos y
and territories of either of the high territorio de cualquierade las Altos
contracting parties in national yes- Partes Contratantes, en buques na-
sels, may also be so imported in conales, podran serlo tambien en
vessels of the other party, without los buques de Isotra nacion, sin
paying other or higher duties and pagar otros 6 ras altos derechos e
charges of any kind or denomina- impuestos cualquier que sea su de-
tion whatever than if the same mer- nominacion, que si las mismas mer-
chandise and articles of commerce eaderias 6 articulos fuesen imports-
were imported in national vessels ; dos en buques nacionales. Ni se
nor shall any distinction be made har distincion aguns en los pagos
in the manner of making payment do los mencionados derechos 6 im-
of the said duties or charges. puestos.
It is expressly understood that Queda expresamente convenido
the stipulations in this and the pre- que las estipulaciones de este y del
ceding article are to their full ex- articulo anterior son aplicables en
tent applicable to the vessels and toda su estension Alos buques y sus
their cargoes belonging to either of cargamentos pettenecientes A cual-
,the high contracting parties arriv- quiers de las Alias Partes Contra-
ing in the ports and territories of tantes que Rleguen 4 los puertos y

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TREATY WITH PERU. Juy 26, 1851.
the. other, whether the said vessels territorios de a otra, ya sea en el
have cleared directly from the caso de que dichos buques hayan
ports of the country to which they salido directamente de los puertos
appertain, or from the ports of any del pals Aque pertenecen 6 de los
other nation. puertos de cualquiera otra nacion.
ARTICLE VL ARxCrCLO VL

No higher' or other duties or No se exijirh otros 6 mas altos Duties on goods.


charges shall be imposed or levied derechos Ala importacion en los pu-
upon the importation into the ports ertos y territorios de eualquiera de
and territories of either of the high las altas partes contratantes de eu-
contracting parties of any article alquier articulo, producto 6 mann-
the produce, growth, or manufac- facture de la otra, que los que se
ture of the other party, than are or pagan o pagaren por el mismo arti-
shall be payable on the like article culo, producto, 6 manufactura de
being the produce, growth, or manu- cualquier otro pais; ni se impondri
facture of any other country; nor prohibieion alguna 6 la importaci6n
shall any prohibition be imposed de cualquier articulo, producto, 6
upon the importation of any article manufactura de cada una de las
the produce, growth, or manufac- partes A los puertos 6 territorios de
ture of either party into the ports la otra, sin que Ia prohibicion se
or territories of the other, which estienda igualmente £ todas las de-
shall not equally extend to all other inns naciones.
nations.

ARTICLE VII. ARTicuLo VII.

All kinds of merchandise and Toda clue de mereaderias y ar- Provion


articles of commerce which may be ticulos de comercio que puedan ex- agstduties.
dism-
lawfully exported from the ports portarse legalmente de los puertos nating
and territories of either of the high y territorios de cualquiera de las
contracting parties in national ves- altas partes contratantes en buques
sels, may also be exported in ves- nacionales, podrdn exportarse tam-
sels of the other party; and they bien en buques de la otra parte pa-
shall be subject to the same duties gando estos unicamente los mismos
only, and be entitled to the same derechos y gozando de los mismos
drawbacks, bounties, and allow- descuentos, primas v franquicias,
ances, whether the same merchan- que sl la misma mercaderia 6 los
dise and articles of commerce be mismos articulos de comereio se ex-
exported in vessels of the one portasen en buques de Ia una 6 de
party or in vessels of the other Ia otra parte.
party.
ARTICLE VII. ARTICULO VIII.
No changes oi alterations In the Ningun cambio 6 alteracdon en Changes in
tariffs of either of the high contract- l
las tarifas de una 6 otra de las Al- etieSt en to
ing parties, augmenting tbe duties tas Partes Contratantes aumentando
payable upon merchandise or ar- los derechos que se paguen por las
ticles of commerce of any sort or mereaderias 6 articulos do comerco
kind imported into, or exported de cualquierespecie 6 clase que 3ean
from, their respective ports, shall importados en sue respectivos puer-
be held to apply to the commerce tos 6 exportados de ellos, se apli-
or navigation of either party, until car 6 tendr& efecto para el comer-
the expiration of eight calendar cio 6 Ia navegacion de una i otra
months after the said changes or parte hasta que se cumplan oho
alterations shall have been promul- meses despues que dichos cambios
gated and become a law, unless 6 alteraciones se hayan promulgado
the law or decree by which such coma ley, ii no ser que Ia ley 6 de-
VOL. x. TRaET. - 117

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TREATY WITH PERU. JULY 26, 1851.
chages or alterations shall be creto pow el que tales cambios 6 al-
mae contain a prospective provi. teraciones se hagan contenga alguna
sion to the same or similar effect. disposicion que tienda i producir el
mismo 6 semejante efecto.

AnTicLE IX. AnTicuLo IX.

provilmmasto It is hereby declared that the Se declara asi mismo que las
coating trae. stipulations of the present treaty estipulaciones del presente tratado
are not to be understood as apply- no se considerarin aplicables 6 la
ing to the navigation and coasting navegacion y comercio de cabotaje,
trade between one port and another entre un puerto y otro situado en
situated in the territories of either el territorio de cualquiera de las
contracting party-the regulation partes contratantes, "puesIa regna-
of such navigation and trade being cion de este comercio estA reservada
reserved, respectively, by the par- respectivamente 6 las leyes particu-
ties, according to their own separate lares de cada una de las partes.
laws.
Vessels may Vessels of either country shall, Sin embargo, los buques de coal-
pi t suoeee however, be permitted to discharge quiera de los dos paises podrin dis-
part of their cargoes at one port cargar parte de sus cargamentos en
open to foreign commerce in the un puerto habilitado pars el comer-
territories of either of the high con- cio extranjero perteneeiente al ter-
tracting parties, and to proceed with ritorio de cualquiera de las Altas
the remainder of their cargo to any Partes Contratantes y continuar
other port or ports of the same ter- con el resto de an carga A culquier
ritories open to foreign commerce, otro puerto 6 puertos del mismo
without paying other or higher ton- pais abiertos al comercio extranjero,
nage dues or port-charges in such sin pagar otros 6 mayores derechos
cases than would be paid by national de toneladas 6 de puerto, que los
vessels in like circumstances; and que pagan en tales casos los buques
they shall be permitted to load in nacionales en circunstancias analo-
lke manner at different ports in the gas; y del mismo mode se lea per-
same voyage outwards. mitir6 cargar en diferentes puertos
en el mismo viaje pari otros paises.
ARTiC= M. AaTiOuLO X.
pwosmas The Republic of Peru, desiring Deseando la Rep6bliea del Perh
to stem-veNeIS to increase the intercourse along its aumentar la communicacion entro
coasts, by means of steam naviga- los puntos de su costa per medio de
tion, hereby engages to accord to Ik navegacion per vapor, se compro-
any citizen or citizens of the United mete desde ahora6 conceder A cual-
States who may establish a line of quier ciudadano 6 ciudadanos de los
steam-vessels, to navigate regularly Estados Unidos que establezoan una
between the different ports of entry linea de vapores para navegar con
within the Peruvian territories, the regularidad entre los diferentes
same privileges of iaking in and puertos de entrada en el territorio
landing freight, entering the by- Peruano, los mismos privilejios
ports for the purpose of receiving para embarear y desembarear carga
and landing pangers and their o fiete, entrar en los puertos inter-
baggage, specie, and bullion, carry- medlos con objeto de recibir y de-
ing the public mails, establishing sembarear pasajeros y sus equipajes,
depots for coal, erecting the neces- dinero y plata en barra, Hlevar las
sary macine and workshops for baljas de correos, formar depositos
repairing and refitting the steam- pars carbon, esta~lecer maquinas y
vessels, and all other favors enjoyed talleres pars reparar y carenar los
by any other association or com- vapores, y todos los dem~s favores
pany whatsoever. It is further- que goce cualquiera otra sociedad

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TREATY WITH PERU. JULr 26, 1851. #$I
more understood between the two 6 comnpania. Convienen ademis
high contracting parties, that the las altas partes contratantes en que
steam-vessels of either shall not be los vapores de eualquiera de ellas
subject in the ports of the other no estarn obligados Aipagar en los
party to any duties of tonnage, har- puertos de Is otra nfnguns clase de
bor, or other similar duties what- derechos de tonelje, puerto ni etros
soever, than those that are or may semejantes que los quo- pagan 6
be paid by any other association pagaren los de cualquiera otra so-
or company. ciedAd 6 compaliia.

AkroCLE XI AxTicULo XI.

For the better understanding of Para Is mejor intelligencia de los What shan be
the preceding articles, and taking articulos precedentes y teniendo en Oddwed a Pe-
into consideration the actual state consideracion el estado actual de Ia ravIan vessOL
of the commercial marine of Peru, marina mereante del Pet se ha
it is stipulated and agreed that estipulado y convenido que todo
every vessel belonging exclusively buque perteneciente exlusivamente
to a citizen or -citizens of the said 6ciudadano 6 ciudadanos de dicha
republic, and of which the captain repfblica, y cuyo capitan sea tare-
is also a citizen of the same, though bien cuidadano de ella, aunque Is
the construction or the crew is or construccion y tripulacion del buque
may be foreign, shall be considered, sean extranjeras, sera considerado
for all the objects of this treaty, as para todos los efectos de este trat-
a Peruvian vessel. do, como buque Peruano.

ArrIOLz XIL AxTrCuLo XIL

The whale-ships of the United Los buques balleneros do los Es. Ptrvege of
States shall have access to the port tados Unidos podrdn entrar en el
of Tumbez, as well as to the ports puerto de Tmnbez y en los puertos . ".
of entry in Peru, and may sal from mayores del Pert1, y pasar de uno
one port to another for the purposes A otro, con el objeto de tomar vive-
of refreshment and refitting, and resy repararse, y lee serd permitido
they shall be permitted to sell or vender 6 cambiar sus provisiones 6
barter their supplies or goods, in- mereaderias, inclusive el aceite,
cluding oil, to the amount of two -hasta la cantidad de doscientos pe-
hundred dollars, ad vadorem, for sos ad valorek& per coda buque, sin
each vessel, without paying any que est6n obligados itpager los de-
tonnage or harbor dues, or any du- rechos de toneladas, 6 de puerto, ni
ties or imposts upon the articles so derecho aguno 6 impuesto por los
sold or bartered. They shall be articulos vendidos 6 cambiados de
also permitted, with like exemption esta manera. Se lea permitiri
from -onnage and harbor dues, fur- ademds con Ismisma exencion de
ther to sell or barter their supplies los derechos de toneladas y puerto,
o go,,Al, including oil, to the ad- vender 6 cambiar sus provisiones 6
S- .1 amount of one thousand mereaderias, incluso el aceite, hasta
dollars, ad valorem, for each vessel, Ia suma adicional de rail pesos ad
upon paying for the said additional valorem por cada buque, pagando
articles the same duties as are pay- por Is parts adicional de dichos ar-
able upon like supplies, or goods ticulos los mismos derechos que se
and oil, when imported in the ves- satisfacen por iguales provisiones 6
sels and by the citizens or subjects mercaderias y aceite quando so im-
of the most favored nation. portan en buques y per ciudadanos
6 subditos de Isnacion mas favore-
cida.

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982" TREATY WITH PERU. JuLy 26, 1851.
ARTI cL XIII. ARTiCULO XIII.
Commercial Tke merchants, commanders, or Los negociantes, capitanes, de
w masters of vessels, and other citizens buques, y todos los ciudadanos de
of either contracting party, shall be cada una de las Partes Contratan-
wholly free to manage their own tes, tendrdn en los territorios de la
business and affairs, in all the ports otra plena libertad par manejar
and places within the jurisdiction por si sus negocios 6 encomendarlos
of the other, or to commit their 6 la persona que quieran emplear
business and affairs to the manage- como ajente, corredor, factor, 6 in-
ment of any person whom they may "terprete. No se les obligar A que
choose to appoint, as agent, factor, empl6en personas determinadas pa-
consignee, or interpreter. They ra el desempefio de estos servicios,
shall not be restrained in the choice ni tampoco 6 dar ningun salario, 6
of persons to act in such capacities, remuneracion A quien no quieran
or be compelled to pay any salary ocupar. Gozardn de libertad abso-
or remuneration to any one whom luta, asi para consignar y vender
they do not wish to employ. Ab- sus mercaderias y articulos de co-
solute freedom shall be given, as mercio, como pars comprar los re-
well with respect to the consign- tornos, descargar, cargar, y deepa-
ment a4 sale of their merchandise char sus buques. El comprador y
and articles of commerce, as to the vendedor tendrAn plena libertad
purchase of their returns, unload- pam arreglar entre si y hjar el
ig, loading, and sending off their precio de cualquiera mercancia 6
vessels. The buyer and seller shall efectos de comercio quo se hayan
have full liberty to bargain together de importar 6 de exportar de los
and fix the price of any merchandise, territorios de cualquiera de ambas
or articles of commerce, imported partes contratantes observandose,
into or to be exported from the ter- en todo caso los reglamentos de
ritories of either contracting party, comercio vijentes en los respectivos
the regulations of commerce esta- paises.
blished in the respective countries
being in every case duly observed.

ARTioLE XIV. AsTxcuLo XIV.


Prrviee of Peruvian citizens shall enjoy the Los ciudadanos del Peru gozarAu
P oin the same privileges, in frequenting the los mismos privilejios que se conce-
nes of Call- mines,
Coral and the
gold upon public or
in digging working for den 6 se puedan conceder en ade-
lands situated lante por los Estados Unidos de
in the State of California, as are, Am6rica Ailos ciudadanos 6 subdi-
or may be hereafter, accorded by tos de la nacion mas favorecida,
the United States of America to cuando concurran A las minas y ex-
the qitizens or subjects of the most traigan 6 busquen el oro en las
favored nation. tierras p6blicas situadas en el Es-
tado de California.

ARTIOLE XV. ARTIOULO XV.

to dig- The citizens of either of the Los ciudadanos de cads una de


pm of property. high contracting parties shall have las [Altas] Partes Contratantes pc-
the full power and liberty to dispose dran disponer de sun efectod person-
of their personal property and ef- ales dentro de Ia jurisdiction de la
fects, of every kind and description, otraporventadonacion,testamento,
within the jurisdiction of the other, 6 de cualquierotro modo, y sun here-
by sale, donation, testament, or oth- deros 6 representantes, si son ciuda-
erwise, and their heirs or represent- danos de Ia otra parote succederin
adives, being citizens of the other en los susodichos efectos personales,
party, shall succeed to their said ya sea por testamento, 6 ab inesta-

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TREATY WITH PERU. Jut, T 26, 1851.
personal property and effects wheth- to, y pueden tomar posesion de el-
er by testament or ab intetao,and Jop, bien por si mismos, 6 por otros
may take possession of the same que obren en su nombre, y disponer
themselves or by others acting for de ellos &isu -voluntad; pagando
them, and dispose of the same at unicamente aquellos derechos i que
their pleasure, paying such dues en tales'casos esthn sujetos los habi-
only as the inhabitants of the tantes del pals donde so hallan los
country wherein said effects may efectos preitados. Y si, en el caso
be shall be subject to pay in like de ser bienes raicps, estuviesen im-
eases. Should the property consist pedidos los susodichos herederos de
of real estate, and the heirs, on ac- entrar en posesion de la herencia,
count of their character as aliens, en razon de ser extranjeros, se lee
be prevented from entering into eoncederr& el termino de tres afios,
possession of the inheritance, they pam que dispongan de ellos segun
shall be allowed the term of three lo estimen conveniente, y para ex-
years to dispose of the same and portar su producto; lo cual podr
withdraw and export the proceeds, hacer sin obstaculo y sin pagar
which they may do without any otros derechos 6 impuestos que
hindrance, and without paying any aquellos de que en general impo-
other dues or charges than those nen las leyes del pals.
which are established by the laws of
the country.
ARTICLE XVI. AsTiCULO XVI.

If any vessel belonging to the En caso que un buque pertene- Provisions in


citizens of either of the high con- ciente i ciudadanos de cualquierade of wrecks,
traeting parties should be wrecked, las [Altas] Partes Contratantes nan-
suffer damage, or be left derelict, fragase, sufriese averia, 6 fuese
on or near the coasts, within the abandonado (derelicto) en las costas,
territories of the other, all assist- 6 cerea de las costas, de la otra, se
ance and protection shall be given dari i dicho buque y i su tripula-
to such vessel and her crew; and cion toda asistencia y proteecion; y
the vessel, or any part thereof, and el buque, cualquiera parte de el,
all furniture and appurtenances be- todos los articulos que le pertene-
longing thereto, together with all cen, y las mercaderias que de 61 se
the merchandise which shall be salvaren, 6 el producto de los mis-
saved therefrom, or the produce mos, si se vendieren, serfn fiel-
thereof, if sold, shall be faithfully mente entregados i sus dueflos 6
restored to the owners, or their ajentes, pagando unicamente los
agents, they paying only the ex- gastos hechos para conservar los
penses incurred in the preservation efectos, y los derechos de salva-
of the property, together with the mento que hubiera pagado en seme-
rate of salvage which would have jante caso un buque nacional. Y
been payable, in the like case, by so permitiri en este easo, descargar
national vessels; and it shall be las mereaderias 6 efectos que se
permitted for them to unload the ballen tbordo con las precauciones
merchandise and effects on board, necessarias para prevenir su ilicita
with the proper precautions to pre- introduccion, sin que se exija ningun
vent their illicit introduction, with- impuesto 6 contribucion, con tal do
out exacting in such case any duty, que seen exportados.
impost, or contribution whatever,
provided the same be exported.
ARTICLE XVIL AnTrr Lo XTI.
When through stress of weather, Cuando & causa de mal tiempo, S
want of water or provisions, pur- falta de agua 6 de viveres, perse-
suit of enemies or pirates, the ves- cucion de enemigos 6 de pirates,

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TREATY WITH PERU. JULY 26, 1851.

eels of one of the high contracting los buques de una do as Altas


parties, whether of war (public or Partes Contratantes de guerra 6
private) or of trade, or employed mercantes, 6 empleados en Is psesa,
in fiaing, shall be forced to seek so vean obligados i buscar abrigo
shelter in the ports, rivers;bays, en los puertes, rios, 6 lugares de los
and dominions of the other, they dominios do ia otra, serin recibidos
shall be received and treated with y tratados con humanidad; s lee
humanity-; sufficient time shall be concederi el tiempo sufleiente para
allowed for the completion of re- que terminen sus reparos, y mien-
pairs; and while any vessel may tras cualquier buque se halle en
be undergoing them, its cargo shall este caso no so le exijirA que des-
not unnecessarily be required to be cargue en todo 6 en parte, i no ser
landed either in whole or in part; preciso, prestandole todo favor y
all assistance and protection shall proteccion parn quo so proporcione
be given to enable the vessels to anxios y se ponga en estado de
procure supplies, and to place them proseguir en viaje sin obetaculo 6
in a condition to pursue their molestia.
voyage without obstacle or hind-
rance.

ARTICLE XVIII. Aurxeuo XVIII.


Property re- All vessels, merchandise, and ef- Todos los buques, mercaderias,
aptured from fects, belonging to the citizens of y efectos pertenecientes & ciudada-
s , to be either of the high contracting par-
nos de una de las altas partes con-
ties, which may be captured by tratantes, que sean apresados por
pirates, either on the high seas or piratas, bien en alta mar 6 dentro
withini the limits of its jurisdiction, de los limites de mu juriediecion, y
and may be carried into or found que fuosen llevados 6 encontrados
in the rivers, roads, bays, ports, en los rios, radas, 6 bahias, puertos,
or dominions of the other, shall be 6 dominio do la otra, serin entre-
delivered up to the owners or their gados a los duefos 6 a sus ajentes,
agents, they proving, in due and con tal que prueben en propia y
proper form, their rights before the debida forma, sus derechos ante los
competent tribunals; it being un- tribunales competentes: debiendo
derstood that the claim thereto shall entenderse que el reclamo ha de
be made within two years, by the hacerse dentro del termino de doe
owners themselves, their agents, or afios por las mismas partes, sus
the agents of the respective gov- agentes 6 los de sum respectivo
ernments. gobiernos.

ARTICLE XIX. A icmo XIX

Personal rights The high contracting parties Las Altas Partes Contratantes
of citizens of promise and engage tb give full and ofrecen y so comprbmeten i dar la
either nation in
the other, perfect protection to the persons mas cmplida proteccion i las per-
and property of the citizens of each sonas y propiedades de los ciudada-
other, of all classes and occupa- nos de una 6 otra, de todas clases
tions, who may be dwelling or y ocupaciones, que puedn estar en
transient in the territories subject los territorios sujetos it au respectiva
to their respective jurisdiction; jurisdiccion, ya sean transeuntes 6
they shall have free and open ac- domiciiados; dandoles libre acceso
cess to the tribunals of justice for ante los tribunales de justicia pars
their judicial recourse, on the same sus recursos judieiales, en los mis-
terms as are usual and customary mos terminos que son de uso y
with the natives or citizens of the costumbre con los naturales 6 ciu-
country in which they may be; and dadanos del pais en donde se hal-
they shall be at liberty to employ, len; para cuyo efecto podrin em-
in all causes, the advocates, attor- plear en defensa de sue dereebos

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TREATY WITH PERU. JuLy 26, 1851.
neys, notaries, or agents, of what- los abogados, proeuradores, escriba-
ever description, whom they may nos, y ajentes, de cualquier clase
think proper. The said citizens que erean conveniente. Dichos
shall not be liable to imprisonment ciudadanos no podrfn ser presos
without formhl commitment under sin que preceda un auto de prision
a warrant signed by a legal au- y en vista de una ordenfirmada por
thority, except in cases flagranie una autoridad legal, escepto en los
decl; and they shall in all cases casos de delito infragnti, y siem-
be brought before a magistrate, or pre se les hark comparecer ante un
other legal authority, for examina- juez fi otra autoridad legal pars
tion, within twenty-fburhours after tomarle declaraciones dentro del
arrest; and if not so examined the termino de feinticuatro horas des-
accused shall forthwith be discharg- pues del arresto, y si en ese tiempo
ed from custody. Said citizens, no so le ban tomado deelaraciones,
when detained in prison, shall be el aeusado serfi puerto inmediata-
treated during their imprisonment mente en libertad. Cuando se de-
witl humanity, and no unnecessary tenga i los dichos ciudadanos, so
severity shall be exercised towards les tratarA con humanidad durante
them. su prision y no so empleari con
ellos ningun rgor innecosario.

AaTiCLE XX. AuviCULO XX

It is likewise agreed that perfect Se conviene asi mismo en quo Lib.ye. of en


and entire liberty of conscience los ciudadanos de las dos Partes ee.
shall be enjoyed by the citizens of Contratantes disfrutardn entera y
both the contracting parties in the perfeeta libertad de conciencia en
countries subject to the jurisdiction los paises sometidos , la jurisdie-
of'the one or the other, without cion de Is una y de la otra, sin estar
their being liable to be disturbed sujetos 6 ser perturbados 6 moles-
or molested on account of their re- tados A causa de su ereencia relijio-
ligious belief, so long as they respect sa, en tanto que respeten las leyes
the laws and established usages of y usos establecdos del pais. Ade-
the country. Moreover, the bodies mis los cuerpos de Ios ciudadanos
of the citizens of one of the con- de una de las partes contratantes Rights of buria.L
tracting parties, who may die in the que murieren en los territorios de
territories of the other, shall be Is otra, serin enterrados en los
buried in the usual burying grounds, lugares de costumbre 6 en otros
or in other decent and suitable lugares proprios y decentes, y serAn
places, and shall be protected from protejidos de toda violacion 6 falta
violation or disturbance. de respeto.

A TICL XXI. AaTxcuLo XXIL

The citizens of the United States Los ciudadanos de Is Repfiblica provwson re


of America and of the Republic of del Peru y los de los Estados Uni- sei tae
Peru may sail with their vessels, dos do America, podria navegar ,W1t s
with entire freedom and security, con sus buques en perfeeta libertad
from any port to the ports or places y seguridad, sin que se haga distin-
of those who now are, or hereafter don de quienes sean los dueflos de
shall he, enemies of either of the las mercaderias que tengan A su
contracting parties, whoever may bordo, de eualquier puerto 6 lugar
be the owners of the merchandise 6.los puertos y lugares de aquellos
laden in the said vessels. The que en la actualidad son 6 fueren
same citizens shall also be allowed en lo sucesivo enemigos de una de
to sail with their vessels, and to las partes contratantes. SerA asi
cbaryand traffic with their mer- mismo licito 6 los predichos ciuda-
from the ports and places danos navegar con los buques y
of the enemies of both parties, or mercaderias arriba mencionadas, y

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986 TREATY .WITH PERU. JuLy 26, 1851.
of one of them, without any hind- comerclar con is misma libertad y
rance, not only to neutral ports and seguridad, de los lugares, puertoB,
places, but also from one port be. y bahias de aquellos que son ene-
longing to an enemy to another migos de una de Ias dos partes, 6
enemy's port, whether they be un- de ambas, sin ninguna oposicion 6
der the jurisdiction of one power impedimento, no solo directamente
or under several. And it Is agreed de los lugares del enemigo ya nom-
that free ships shall give freedom brado A los lugares neutrales, sino
to goods, and that every thing shall tambien de un lugar perteneciente
be deemed free which shall be found Aun enemigo Aotro puerto tambien
on board the vessels belonging to del enemigo, bien sea que est~n bajo
the citizens of either of the con- lajursdiccion de una misma poten-
tracting parties, although the whole cia, 6 bajo la de varias: y queda
lading or a part thereof, should be- convenido que los buques libres ha-
long to the enemies of either, arti- rAn libres las mereaderias y que se
cles contraband of war being al- reputari libre tolo lo que se encuen-
ways excepted. The same liberty tre Abordo de los buques pertene-
shall be extended to persons who cientes 4 los ciudadanos de cual-
may be on board free ships, so that quiera de las partes contratantes,
said persons cannot be taken out of aunque todo el cargamento, 6 una
them. even if they may be enemies partede el pertenezea enemigos de
of both parties, or of one of them, Is otra, exceptuandose siempre los
unless they are officers or soldiers efectos de contrabando de guerra.
in the actual service of the enemy. La misma libertad se estendeia as
It is agreed that the stipulations in personas que est6n 4 bordo de un
this article declaring that the flag buque libre, de suerte que dichas
shall cover the property shall be personas no podrinserarrestadas ni
understood as applying to those sacadas de esos buques aunque sean
nations only who recognize this enemigos de una de las partes 6 do
principle; but if either of the con- ambas Amenos que sean officiales 6
tracting parties shall be at war soldados y en actual servicio del
with a third, and the other shall enemigo. Y se conviene, que las
remain nedtral, the flag of the neu- estipulaciones contenidas en este
tral shall cover the property of articulo, declarando que el pabellon
enemies whose governments ac- cubriri la propiedad son applicables
knowledge this principle, and not Aaquellas poteqcias solamente que
that of others. reeonocen este principio; pero si
aiguna de las partes eontratantes
estuviere en guerra con una tercera,
y la otra fuere neutral, el pabellon
del neutral cubriri In propiedad de
aquellos enemigos cuyos gobiernos
reconocen este principio y no de
los otros.
AnTIOLE XXII. ARTxcuLO XII.

Provisons re- When the neutral flag of one of En los casos en que el pabellon
Tpeting neutral the contracting parties shall protect neutral de una de las partes contm-
roe veej, the property of the enemies of the tante§ proteja la propiedad de los
other, in virtue of the preceding enemigos de In otra, en virtud de In
article, neutral property found on precedente estipulacion, In propie-
board enemies' vessels shall like- dad neutral que se hallare A bordo
wise be considered as enemies' pro- de los buques del enemigo se consi-
pery, and shall be subject to deten- derara del mismo modo como propi-
tion and confiscatiou, unless it shall edad enemiga, y estarn sujeta 0 de-
have been put on board before the tencdon y confdscacion a menos que
declaration of war, or even after- hubiere sido puesta a bordo de tales
wards, if it were done without buques antes de In declaracion de

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TREATY WITH PERU. JuLy 26, 1851. 987
knowledge of such declaration; but a guerra, o ann ddspues si so hu-
the contracting parties agree that biere hecho sin conocimiento do la
ignorance cannot be alleged after tal delaracion ; per las partes
the lapse.of -six months from the eontratantes convienen Tie no po-
declartion of war. On the con- dra alegarse ignorancia seis meses
trary, in those cases where the flag despues de Ia declaration de la
of the neutral does not protect ene- guerra. For el contrarlo en aquel-
mies" property which may be found los cases en que el pabellon del
on board, the goods or merchandise neutral no proteje a propiedad en-
of the neutral embarked in enemies' emiga que se encuentre i bordo, los
vessels shall be free. efectos y mercaderias del neutral
embarcadas en tales buques ene-
migos seran libres.

ARTICL. XXImI Anxcmo XXIII


The liberty of commerce and La hlbertad do comercio y nave- Defntion of
navigation stipulated for in the pre- gacion estipulada en los artliculoscntzaband wt-
ceding articles shall extend to all anteriores se estendera a toda espe- CIO&
kinds of merchandise except the cie do mercaderias, exceptuandose
articles called contraband of war, finicamente aquellos articulos que
under which name shall be compre- se Raman contrabando de guerra,
hended: bajo cuya denominacion se com-
prenden :
1. Cannons, mortars, howitzers, 1. Caflones, morteros, obuses,
swivels, blunderbusses, muskets, fu- pedreros, trabueos, mesquetes, fa-
sees, rifles, carbines, pistols, pikes, siles, rifles, carabinas, pistolas, picas,
swords, sabres, lances, spears, hal- espadas, sables, lazas, chuzos, al-
berds, grenades, bombs, powder, abardas, granadas, y bombas, pol-
matches, balls, and every thing be- vora, mechas, balas con las demas
longing to the use of these arms. cosas correspondientes al usc de
estas armas:
°
2. Bucklers, heImets, breastplates, 2 . Escudos, casquetes, corazas,
coats of mail, accoutrements, and cotas de malla, fornituras, yvestidos
clothes made up in military form, hechos en forma y para use ril-
and for military use. itar:
8. Calvay belts and horses, with 8. Bandoleras y caballos junto
their harness, census arneses:
4. And generally, all offensive or 4%. Y generalmente toda especie
defensive arms made of iron, steel, de armas ofensivas y defensivas he-
brass, copper, or of any other ma- chas de hierro, acero, bronce, cobre,
teria], prepared and formed to make y otros materiales manufacturadas,
war by land or at sea. preparadas, y formadas expresa-
mente para hacer la guerra por mar
&per tierra.
AxTcIrC XXIV.
ART cULo XXIV.
AU other merchandise and things
not comprehended in the articles Cualesquiera otras mereaderias An other goods
of contraband explicitly enumerated y cosas no comprendidas en los at- be feex-
ticulos do contrabando explicita- *aptto places be-
and classified as above shall be held sle-ed or block
and considered as free and sub- mente enumerados y clasiflcados ar- ade .
jects of free and lawful con- riba, se tendran y consideraran i-
meree, so that they may be car- bros y materia de libre y lejitimo
ried and transported in the freest comercio; de maners que puedan
manner by both the contracting par- se flevadas y transportadas en el
ties even 'to places belonging to an mode iroa libre per las dos partes
enemy, excepting only those places contratantes, aun a los higares per-
which are at that time besieged or tenecientes a un enemigo, exeeptu-
VOL. X. TRZAT.- 118

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TREATY WITH PERU. JuLT 26, 1851.
Bloekade and blockaded; and to avoid all doubt ando unicamente aquellos lugares
siege defined, in this particular, it is declared that que est6n en aquel tieinpo sitiados
those places only shall be consider- o bloqueados; y paa evitar toda
ed as besieged or blockaded which duda sobre el partielar, se declara
are actually invested or attacked que unicamente se consideraran si-
by a force capable of preventing tiados o bloqueados aquellos lugaros
the entry of the neutral. quo se -hallen a la sazon atacados
por una fuerza capas de impedir I&
entradh del neutral.

AEiMOLE XXV. A TXroLO XXV.

Proions fo, The articles of contraband, or Los articulos de contrabando, 6


the case of con- those before enumerated and clas- los ya enumerados y clasificados
taband, amog sifted, which may be found in a ves- quo so encuentren en'un buque des-
fee articles.~sel bound for an enemy's port, tinado 6 un puerto enemigo, esta-
shall be subject to detention and ran sujetos 6 detencion y confsca-
confiscation; but the rest of the cdon ; pore el resto del cargamento
cargo and the ship shall be left y el buque se dejaran libres para
free, that the owners may dispose quo los dueflos puedan disponer de
of them as they see proper. No elos segun estimen conveniente.
vessel of either of the contracting Ningun buque de ninguna de las
parties shall be detained on the partes contratantes serA detenido en
high seas on account of having on alta mar por tener A bordo artieu-
board articles of contraband, when- los de contrabando, siempre quo el
ever the master, captain, or super- maestre, capitan, 6 sobre-cargo del
cargo of said vessel will deliver up susodicho buque entregue los arti-
the articles of contraband to the culos de contrabando al apresador;
captor, unless, indeed, the quantity menos .que sea tan grande y do
of such articles be so great, or of so tanto volumen Ia cantidad de los
large bulk, that they cannot be re- tales articulos quo no puedan reei-
ceived on board the capturing ves- birse A bordo del buque apresador
sel without great inconvenience; sin gran inonveniente; pero en
but in this and all other cases of este y en todos los otros casos de
just detention, the vessel detained just& detencion, el buque detenido
shall be sent to the nearest conve- ser enviado al puerto ma imme-
nient and safe port, for trial and diato, edmodo, y seguro, para ser
judgment according to law. jusgado con arreglo i las leyes.

ARTxCL XXVI. A3&TIouLo XXVL

pro irs And whereas it frequently hap- Y como frecentemente sucede


secting blooz- pens that vessels sail for a port or quo navegan buques pars un puerto
dand siegeS. place belonging to an enemy with- 6 lugar perteneciente Aun enemigo,
out knowing that the same is be- sin saber quo 61 mismo esta sitiado,
sieged, blockaded, or invested, it is bloqueado, 6 atacado, so convenie
agreed that every vessel so circum- quo todo buque quo se halle en este
stanced may be turned away from case, sea rechazado del tal puerto 6
such port or place, but shall not be lugar, pero no detenido, ni onfis-
detained, nor shall any part of her cads ninguna parte de au carga-
cargo, if not contraband, be con- mento quo no sea contrabando, A
fiscated, unless, after having been menos quo despues de notilicarsele
warned of such blockade or invest- el bloqueo 6 ataqtte por el oficial
ment by the commanding officer ofa quo mande un buque quo forme
vessel forming part of the blockad- parts de las fuerzas bloqueadoras
ing forces, she again attempt to intentase de nuev6 entrar; pe'o se
enter; but she shall be permitted le permitir ir A cualqniera otro
to go to any other port or place the puerto 6 lugarquo juzgue oportuno
master or supercargo may think e1 maostre 6 sobre-cargo. Y 6 nin-

HeinOnline -- 10 Stat. 938 1849-1862


TREATY WITH PERU. JuL 26, 1851.
proper. Nor shall any vessel of gun buque do una 6 otra parte quo
either party that may have entered hubiere entrado en un puerto 6 lu-
into such port or place before the gar Antes do que el mismo fuese
same was actually besieged, block- sitiado, bloqueado, 6 atacado por la
aded, or invested by the other, be otra, se le impedirA que salga con
restrained from leaving it with her an c-rgamenibr; ni si se encontrase
cargo, nor, if found therein before alli inies 6 despues do Ia redueion
or after the reduction and surrender, y entrega estarA sujeto el tal buque
shall 'such vessel or her cargo be 6 su cargamento 6, apresamiento,
liable to seizure, confiscation, or confiscacion o demanda alguna por
any demand on the score of redemp- causa de redencion o restitucion,
tion or restitution; but the owners sino quo se dejarn 4 sus duefios en
thereof shall remain in the undis- tranquila posesion de su propiedad.
turbed possession of their property. Y s algun buque que hubiere en-
And if any vessel having thus trado en el puerto ntes de tener
entered the port before the -block- lugar el bloqueo, tomase carga
ade took place shall take on board Abordo aespues de establecido el
a cargo after the blockade be esta- bloqueo, 6 intentase salir, se le po-
blished, and attempt to depart, she drd intimar por las fuerzas bloque-
mnay be warned by the blockading adoras que vuelva el puerto blo-
forces to return to the blockaded quedo y descargbe an cargamento;
port, and discharge the said cargo; y si despues de recibir Is dicha in-
and if, after receiving such warn- timacion insistiere el buque en salr
ing, the vessel shall persist in going con el cargamento, estard, sujeto A
out with the cargo, she shall be lia- las mismas consecuencias i que lo
ble to the same consequences as in estaria una embarcacion que inten-
the case of a vessel attempting to tase entrar en un puerto bloqueado,
enter a blockaded port after having despues de ser intimada por las fu-
been warned off by the blockading erzas bloqueadoras.
forces.
ARToLz XXVIL AnTiLO XXVIL
To prevent disorder and irregu- Par impedir todo gen6ro de de- Ahtofvslta-
laity in visiting and examining the sorden 6 irregularidad en la visita tion and searoh
vessels and cargoes of both the y examen de los buques y carga-
contracting parties on the high seas, mentos de Ias dos partes contra-
they have agreed, mutually, that tantes en alta mar, han convenido
whenever a vessel of war, public or mutuarnente, que cuando un buque
private, shall meet with a neutral de guerra, p6blico 6 particular en-
of the other party, the former shall contrare i un neutral de Is otra
remain at the greatest distance parte contratante, el primero per-
compatible with the possibility and manenceri A ]a mayor distancia que
safety of making the visit, under sea compatible con la posibilidad y
the circumstances of wind and sea la seguridad de bacer la visita, aten-
and the degree of suspicion attend- didas las circunstaneiss del viento
ing the vessel to be visited, and y de la mar, y el grado de sospecha
shall send one ofher small boats with que inspire el bajel que ha de ser
no more men than may be necessa- visitado, y envisra uno de sus botes
ry to execute the said examination pequefiLos sin mas jente quo Ia ne-
of the papers concerning the own- cessaria par tripularlo, con el ob-
ership and cargo of the vessel, jeto de ejecutar el predicho examen
without causing the least extortion, de los papeles relativos 6 la propi-
violence, or ill-treatment, in respect edad y cargamento del buque, sin
of which the commanders of said causar Is menor extorcion, violencia,
armed vessels shall be responsible 6 maltratamiento; respecto A lo
with their persons and property; cual los comandantes de los susodi-
for which purpose the commanders chos buques armados ser~n, respon-
of said private armed vessels shall, sables con sus personas y proprie-

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940 TREATY WITH PERU. Jumr 26, 851.
before reeeiving their commissions, dades; pam cuyo fin los coman.
give sufficient security to answer dantes de los prediohos buques par-
for all the injuries and damages ticulares armados, dntes de recibir
they may commit. And it is ex- sus comisiones, dardn ]a suficiente
pressly agreed that the neutral seguridad pars responder por todos
party shall in no ease be required los daflos y perjuicios que cometle-
to go on board of the examining ren. Y se conviene expresamente
vessel for the purpose of exhibiting que en ningun caso so requerir
the ship's papers, nor for any other que Is parte neutral vays Abordo
purpose whatever. del buque que hace i visitani pars
exibir sus papeles ni par ningun
otro objeto.
AnTiozm XXVII. A31TxC-ULO XXVIU
Papers with Both contracting parties like- Ambas partes contratantes con-
which vessels of wise agree that when one of them vienen que en el caso que una de
either party
must Troid- shall be engaged in war, the vessels ellas estuviere empeflada en guerra,
ed, when the of the other must be furnished with los buques de Is otra deben estar
Other Isat war. sea-letters, patents, or passports, provistas de letras de mar, patentes,
in which shall be expressed the 6pasaportes, en que se expresen el
name, burden of the vessel, and nombre y tamafio del buque, como
the name and place of residence of tambien el nombre y el lugar de Is
the owner, and master, or captain residencia de an dueflo, maestre, 6
thereof, in order that it may appear eapitan, Afin de quo aparezea por
that the vessel really and truly be- ellos que el susodicho buque perte-
longs to citizens of the said other neee real y verdaderamente I cm-
party. It is also agreed that such danos de I&dicha otro parte. Y
vessels, beingladen, besidesthe said han convenido asi mismo en que los
sea-letters, patents, or passports, dichos buques estando cargados, lle-
shall be provided with manifests or varin ademAs de las mencionadas
certicates, containing the partcu- letras de mar, patentes, 6 pass-
lars of the cargo and the place portes,maniflestos,6oertificadosque
where it was taken on board, so contengan los diferentes pormenores
that it may be known whether any del cargamento, y el lugar donde
part of the same consists of contra- fu6 embarcado; de manera que so
band or prohibited articles; which sepa si hay . su bordo efectos pro-
certificate shall be made out in the hibidos 6 de contrabando, dichos
accustomed form by the authorities certificados seran espedidos por Ins
of the port whence the vessel sail- autoridades del lugar de donde sali
ed; without which requisites the el buque en Is forms acostumbrada,
vessel may be detained, to be ad- sin cuyos requisitos, el susodicho
judged by the competent tribunals, buque puede ser detenido para ser
and may be declared good and legal adjudicado por los tribunales ompe-
prize, unless it shall be proved that tentes y puede ser declarado press
the said defect or omission was legal, A menos quo se pruebe el
owing to accident, or unless it shall precitado defecto proviene de aeci-
be satisfied or supplied by testimony dente, 6 sea satisfecho 6 suplido por
equivalent in the opinion of the un testimonio del todo equivalente,
said tribunals, for which purpose en In opinion de los susodichos tri-
there shall be allowed a reasonable bunales, A cuyo fin se conceder# un
length of time to procure and pre- t6rmino suficiente para proporeion-
sent it. arselo.
A:TOL XXIX. ATxouLo

Vessels uuier The preceding stipulations rein- Las estipulaciones arriba expre.
COUvoy. tive to the visit and examination sadas reitivas-4 la visits y examen
of vessels, shall apply only to those de los buques, se aplicardn sola-

HeinOnline -- 10 Stat. 940 1849-1862


TREATY WITH PERU. Juy 26, 1851.
which sail without convoy; for mente i iquellos que navegan sin
convoy; y cuando los dichos buques
when said vessels shall.be under
convoy, the verbal declaration of
fueren convoyados, Ia decaracion
the commander of the convoy, onverbal del comandante del convoy,
his word of honor, that the vessels
bajo su palabra de honor, de que
los hajeles que estan bajo su pro-
under his protection belong to the
teccion pertenecen AIa nacion cuya
nation whose flag they carry, ad,
bendera tremola 61, y .cuando su
when they are bound to an enemy's
destino es b un puerto enemigo, de
port, that they have no contraband
que no tienen a bordo efectos de
goods on board, shall' be suflcient.
contrabando, seri considerada sufl-
ciente.
ARTICLE XXX. ARTiouLo XXX.
It is further agreed that, in all Be conviene asi mismo que, en Priz
prize cases, the courts specially todo case de presas los tribunales PviMU to.s
established for such causes in the establecidos para tales causas en el
country to which the prizes may be peis A que puedan ser conducides
conducted shall alone take cogni- la presas, serdA los finicos que
zance of them. And whenever tomen conocimiento de ellas. Y
such courts of either party shall siempre que semejantes Tribunales
pronounce judgment against any de una fi otra parte pronunciaren
vessel, merchandise, or property sentencia contra algun buque, efee-
claimed by the citizens of the other tos, 6 propiedad reclamads por ciu-
party, the sentence or decree shall .dadanos de Ia otra parts, Ia sen-
set forth the reasons or motives on tencia 6 descision mencionarA ]as
which the same shall have been razones 6 motivos en que se ha
founded; and an authenticated copy fundado, y se entregara al coman-
of the sentence or decree, and of all dante 6 ajente del dicho buque o
the proceedings connected with the propiedad sin escusa 6 demora al-
case, shall, if demanded, be de- guna, si 61 lo pidiere, una copia
livered to the commander or agent autentica de Is sentencia o decision,
of the said vessel, merchandise, or y de todos los procedimientos del
property, without any excuse or case, con tal que pague per ello los
delay, upon payment of the esta- derechos 6 gastos legales.
blished legal fees for the same.

ARTICLE XXXI. Anrcimo XXXI.


Whenever one of the co.ntracting Siempre quo una de las partes cOizsas of
parties shall be engaged in warwith contratantes estuviere empefiada en ether =donnot
another nation, no citizen of the guerra con otra nacion, ningun ciu- te.other.
other contracting party shall accept dadano de la otra parte contr-tante
a commission, or letter of marque, aceptaar comision 6 letra de marca
for the purpose of assisting, or cou5pe- con el objeto de ayudar 6 odperar
rating hostilely with the said enemy hostilmente con el susodieho qne-
against the said party so at war, migo, contra Is predicha parte que
under pain of being treated as a esti en guerra, so pena do ser tra-
*pirate. tado como pirata.
. ARTICLE XXXII ARTzcuLo XXXIL

14 which is not to be expected, Si, lo que no es de esperar, lie- BRits of amti-


a rapture should at any time take' gase A haber en eualquier tiempo zenk In 0ase Of
place between the two contracting un rompiminto entre las dos nacio- two natio.
nations, and they should engage in nes contratantes y se empeffsren en
war with each other, they have guerra una con otra, han convenido

HeinOnline -- 10 Stat. 941 1849-1862


942 TREATT WITH PERU. JULY 26, 1851.

agreed now for then, that the mer- ahora pars entonces, que los comer-
chants, traders, and other citizens ciantes, traficantes, y otros ciudada.
of all-occupations of either of the nos de todas profesiones, de cual-
two parties, residing in the cities, quiera de las partes que residen en
ports, and dominions of the other, lQs ciudades, puertos, y dominios de
shall have the privilege of remain- Is otra, tendrAn el. privilejio de
ing and continuing their-ade and pormanecer all y de continuar an
business therein, and shall be re- com6rcio y neg6cioe y ser/n respe-
spected and maintained in the full tados y mantenidos en el pleno y
and undisturbed enjoyment of their tranquilo goee de an libertad per-
personal liberty and property, so sonal y de su propiedad, en tanto
long as they conduct themselves que se conduzean pacificamente de
peaceably and properly, and corn- un modo areglado, y no cometan
mit no offence against the laws. ofensa alguna contra las leyes. Y
ight to order And in case their acts should ren- en caso de que su conducts los hi-
der them justly suspected, and, ciere justamente sospechosos y ha-
having thus forfeited this privilege, biendo perdido asi este privilejio,
the respective governments should los respectivos gobiernos-juzgaren
think proper to order them to leave oportuno mandarlos salir del pais,
the country, the term of twelve se lea conceder4 el t6rmino de doce
months from the publication or in- meses, contados desde la publicacion
timation of the order therefor shall 6 intimacion de la 6rden, para que
be allowed them in which to arrange en el puedan arreglar y ordenar sus
and settle their affairs and remove neg6cios y retirarse con sus familias,
with their families,"effects, and pro- efectos, y propiedades; A duyo fin,
perty; to which end the necessary se ls dari el necesario alva con.
safe conduct shal be given to them, ducto, que sirva de suficiente pro-
which shall serve as a sufficient pro- teccion hasta que leguen al puerto
tection, until they arrive at the designado, y en 61 se embarquen.
designated port and there embark; Pero este favor no se estenderi A
but this favor shall not be extended aquellos que obraran do un modo
to those who shall act contrary to contrarlo 4 las leyes establecidas.
the established laws. It is, never- Debe no obstante entenderse, que
theless,understood that the respect- A las personas ai sospehosas, pue-
ive governments may order the den los gobierne respectivos man-
persons so suspected to remove, darlas retirar immediatamente lo
forthwith, to such places in the interior, 4 aquellos lugares quo ten-
interior as may be designated. gan por conveniento designar.

ArTIOL 'XXXIII. AnTicULO XXXII.

pety, debts, In the event of a war, or of any En el caso de una guerra 6de
&ontobe interruption of friendly intercourse nna intirrupcion de I&cordial in-
war. between the high contracting par- tligencla de las dos Altas Partes
ties, the money, private debts, shares Contratantes, Is propiedad en dine-
in the public funds or in the public ro, duedas entre particulares, ac-
or private banks, or any other pro- clones en los fondoo pfiblico, 6 en
perty whatever, belonging' to the los bancos pfblicos o privados, 6
citizens of the one party in the ter- cualquiera otra propiedad pertene-
ritories of the other, shall in no ciente i las ciudadanos de Una de
ease be sequestrated or confiscated. los partes en el territorio de Ia otra
no podri ser secuestrada 6 confis-
cada en ningun caso.

ARTIOL XXXIV. AxTiOuLo XXXIV.

ights of en- The high contracting parties, de- Deseando las dos partes contra-
voys,&o siring to avoid all inequality in tantes evitar toda desigualdad con
their public communications and relacion A sus comunicaciones pfb-

HeinOnline -- 10 Stat. 942 1849-1862


TREATY WITH PERU. Juzx 26, 1851.
official intercourse, agree to grant lieas, y s correspondencie ofidal,
to their envoys, ministers, chwrg6. han convenido y couvienen, en con-
'ajfaires, and other diplomatic ceder Asus Enviados, Ministros, En-
aigents, the same favors, privileges, cargados de Weg6cios, y otros Ajen-
immunities, and exemptions, that tea pnblicos, los mismos favores, in-
those of the most favored na- munidades, y kxenciones que hoy
tions do or shall enjoy; it being diafrutan 6 en adelante diafrutaren
understood that the favors, privi- los de I&nacion mns favorecida;
leges, immunities, and exemptions entendiendose, que cualesquiera fa-
granted by the one party to the vores, inmunidades, 6 privilejios que
envoys, ministers, charqh fafaires, is ep-blica del Per6 y los Esta-
or other diplomatic agents of the dos Unidos de Am6rica tuvieren
other party, or to those of any par conveniente conceder A los En-
other nation, shall be reciprocally viados, Ministros, Eneargados de
granted and extended to those of Wegocios, y Agentes diplomaticos
both the high contracting parties de cualquiera otra, potencia, serdn
respectively. par el mismo acto estendidos y eon.
cedidos A los de as partes contra-
tantes respectivamente.
AZTIOLS XXXV. ATIODLO XXXV.

To protect more effectually the A fin dehacerma- efectivaIa pro. Proviom re


commerce and navigation of their teecion que Is Repfibliea del Perfi LtdngcMMub,
respective citizens, the United y los Estados Unidos de Am6riea
States of America and the Repub- coneedieren en lo future al comerelo
lic of Peru agree to admit and y navegacion do sus respectivos ciu-
receive, mutually, consuls and vice- dadanos, la Repfblica del Per y
consuls in all their ports open to los Estados Unidos de Am6rica con-
foreign commerce, who shall enjoy, vienen en recibir y admitir Consu-
within their respective consular lea y Vice-Consules en todos los
districts, all the rights, prerogatives, puertos abiertos al comereio extran-
and immunities of the consuls and Jero; los cauales disfruta.-i dentro
vice-consuls of the most favored de sus respectivos distritos consu-
nation; but to enjoy the rights, laes, todos los derechos, preroga-
prerogatives, and immunities which tiva, 6 inmunidades de los Consules
belong to them, in virtue of their y Vice-Consules de la nacion ma
public character, the consuls and favorecida. Pero para que los
vice-consuls shall, before exercising Consules y Vice-Consules de las
their official functions, exhibit to dos partes contratantes, puedan
the government to which they are disfrutar de los derechos, preroga-
accredited their commissions or tivas, 6 inmunidades que lea perte-
patents in due form, in order to necen por sm caracter'pfblio, pre-
receive their exquatur; after re- sentarin rntes de ejereer sus fun-
eeiving which they shall be ac- eiones, su nombramiento 6 patente,
knowledged, iu their official eharac- en debida forms al gobierno cercea
ters, by the authorities, magistrates, del cual sedn acereditados, 6,An de
and inhabitants of the district in obtener el exquafur; y recibido
which they reside. The high con- este senin tenidos y consideradoe
tracting parties, nevertheless, re- Como tales Consules 6 Vie-CoI-
main at liberty to except those sue, par todas as autoridades,
ports and places where the admis- mijistrados, y habitantes del distrito
sion and residence of consuls or consular donde residan. Queda
vico-eonsuls may not seem conve- sin embargo cada una de las partes
nient, provided that the refusal to contratantes en libertad de escep-
admit them shall likewise extend tuar aquellos puertos y lugares en
to those of all nations. donde no se erea conveniente Is
admission y residencia de tales fun-
cionarios, bien entendido quo en tal

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TREATY WITH PERU. Just 26, 1851.
caso la exclusion 6 negativa A ad-
mitirlos deberd ser comun 6jeneral
par todas las naciones.

A,TiLN XXXVL ARTIOULO XXXVI.

consul, &a. to The consuls, vice-consuls, their Los Consules, Vice-Consules, of-
be exempted officers, and persons emplbyed in ficiales, y personas empleadas en
from w etheir consulates, shall be exempt sue consulados estardn esentos de
from all public service and from todo aervicio pfblico, y tambien de
all kinds of taxes, imposts, and todo g6nero de contribuciones,
contributions, except those which pechos, 6 impuestos, escepto aquel-
they shall lawfully be held to pay los que estuvieren obligados A pagar
on account of their property or A causa de su comercio 6 de sus
commerce, and to which the citizens propiedades, y A los que estan suje-
and other inhabitants of the country tos los ciudadanos y otros habitan-
in which they reside are subject, tes del pais en que residen, estando
they being, in other respects, sub- ellos por Io demns sometidos 64las
ject to the laws of the respective leyes de Ios respectivos paises.
Archives and countries. The archives and papers Los archivos y papeles de los Con-
Of, o be of the consulates shall be inviolably sulados, serfn inviolablemente re-
respected, and no person, magis- spetados, y bajo de ningun pretesto
trate, or other public authority se apoderari de ellos 6 intervendr
shall, under any pretext, interfere en manera alguna con ellos, ningun
with, or seize them. majistrado, ni cualquiera otra per-
sona.

AETICLU XXXVIL AuTImULO XXXVIII.

The consuls and vice-consuls Los Consules y Vice-Consules


oDamon.Oi shall have power to require the tendrdn la facultad de requerir el
assistance of the public authorities aucilio de las autoridades del pais
of the country in which they reside, en que residan para el arresto,
for the arrest, detention, and custo- detencion y custodia de los deser-
dy of deserters from the vessels of tores de los buques de guerra y
war or merchant vessels of their mercantes de su nacion; y cuando
nation; and where the deserters los desertores reclamados pertenez-
claimed shall belong to a merchant can 6,un buque mercante, los Con-
vessel, the consuls or vice-consuls sules y Vice-Consules podrin diri-
must address themselves to the jirse ellos mismos 4 las autoridades
competent authority, and demand competentes y pedir per escrito los
the deserters in writing, proving, susodichos desertores, manifestando
by the ship's roll or other public el rol del b6que 6 otros documentos
document, the individuals p6blicos pam probar con ellos que
climed are that
a part of the crew of los hombres pedidos forman parte
the vessel from which it is alleged do Ia tripulacion del buque de
that they have deserted; but should donde se alega que desertaron:
the individuals claimed form a part per si los individuous reclamados
of the crew of a vessel of war, the perteneciesen 6 la tripulacion de
word of honor of a commissioned un buque de guerra, bastari la
officer attached to the said vessel palabra de honor del comandante
shall be sufficient to. identify the de dicho buque pam identificar A
deserters; and when- the demand los desertores y en cualquier caso
of the consuls or vice-consuls shall, que se pruebe per estos medios la
in eithcr case, be so proved, the reclamacion de los consules 6 vice-
delivery of the deserters shall not consules, no se rohusarA la entrega
be refused. The said deserters, de los desertores. Unavez arresta-
when arrested, shall be delivered dos los tales desertores, se tendr6a
to the consuls or vice-consuls, or, A dispesicion de los suso dichos

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TREATY WITH PERU. JuLr 26, 1851. 945
at the request of these, shall be put Consules, y pueden ponerse en las
in the public prisons and maintain- prisiones pfiblicas i peticion y costo
ed at the expense of those who re- de aquellos que los reclaman pamt
claim them, to be delivered to the ser enviados i los buques 4 que
vessels to which they belong, or pertenecen 6 A otros do la misma
sent to others of the same nation; nacion; pero a1 no fuesen asi envia-
but if the said deserters should not dos dentro de los dos moses que
be so delivered or sent within the deberdn contarse deedo el dia de
term of two months, to be counted su arresto, serAn puestos en libertad
from the day of their arrest, they y no volverdin d ser arrestados por
shall be set at liberty, and shall not Ia misma causa. Las altas partes
be again apprehended for the same contratantes convienen en quo no
cause. The high contracting par- podrI legalmente ninguna autoridad
ties agree that it shall not be law- publca ni otra persona cualquiera
ful for any public authority, or amparar 6 protejer 6 tales deserto-
other person within their respect- res dentro de sus respectivos do-
ire dominions, to harbor or protect minios.
such deserters.
ARTouLo XXXVIE.
ARTEcL, XXXVII.
Con el objeto de protejer de un cosuar can
For the purpose of more eftfectu- modo mas efectivo su comercio y _m to he
ally protecting their commerce and navegacion, las dos partes contra-
navigation, the two contracting par- tantes convienen por la presente en
ties do hereby agree to form, as formar, mas adelante, tan pronto
soon hereafter as may be mutually como A ambas les convenga, una
convenient, a consular conventiod, convencion consular en que se de-
which shall declare specially the claren especialmente las facultades
powers and immunities of the con- 6 inmunidades de los Consules y
suls and vice-consuls of the respect- Vice-Consules de las partes re-
iye parties. spectivas.

AuT eLu
XXXIX. AuTicuLo XXXIX.

Until the conclusion of a eonsu- Hasta que se concluya una con- Iots of eon-
lar convention, the high contracting vencion consular, queda estipulado 0 totake
parties agree that, in the absence entre las altas partes contratantes; ju one of do-
of the lagal heirs or representa- que en ausencia de los herederos cease of citizens
tives, the consuls or vice-consuls legales 6 sus representantes, los of theirnotn
of either party shall be ex oco Consules 6 Vice-Consules de cui- other, or at sea.
the executors or administrators of quiera de las partes serdn "ex oA
the citizens of their nation who may cio" los albaceas 6 administradores
die within their consular jurisdic- de los ciudadanos de su nacion que
tions, and of their countrymen dy- mueran dentro de sus distritos con-
ing at sea, whose property may be sulares ; y do aquellos que mueran
brought within their district. The en la mar, y cuya propiedad pueda
said consuls or vice-consuls shall ser Ilevada A algun puerto 6 lugar
call in a justice of the peace, or dentro de los mismos distritos. Los
other local authority, to assist in dichos Consules 6 Vice-Consules
taking an inventory of the effects podrin presentarse 6 un juez de
and property left by the deceased; paz, 6 4 cualquier otra autoridad
after which, the said effects shall local, y pedir que so baga el inven-
remain in the hands of the said tario de los efectos y propiedades
consuls or vice-consuls, who shall qae ha dejado el difunto, y despues
be authorized to sell immediately de hecho, esos efectos quedardn en
such of the effects or property as poder del Consul 6 Vice-Consul, el
may be of a perishable nature, and que estar4 autorizado pam vender
to dispose of the remainder accord- inmediatamente Oquellos efectos o
ing to the instructions of their re- propiedades quo puedan sufrir do-
VOL. X. TREAT.- 119

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946 TREATY WITH PERU. JULY 26, 1851.
spective governments. And where terioro, y para disponer del resto
the deceased has been engaged in segun las instrucciones de sus re-
commerce or other business, the spectivos gobiernos. Y cuando el
consuls or vice-consuls shall hold difunto bays estado consagrado al
the effects and property so remain- comercio 6 it otros negocios, los
ing until the expiration of twelve Consules 6 Vice-Consules guarda-
calendar months; durino which run los efectos y propiedades que
time the creditors, if any, of the hayan quedado durante el plazo de
deceased, shall have the right to doce meses, it fin de que si hay
present their claims or demands acreedores contra el difunto puedan
against the said effects'and pro- presenter sus reclamaciones 6 de-
perty, and all questions arising out mandas contra los dichos bienes, y
of such claims or demands shall be todas las cuestiones que se susciten
decided by the laws of the country portales reelamaciones 6 demandas
wherein the said citizens may have se descidirda segun las leyes del pals
died. It is understood, neverthe- en donde los dicho ciudadanos ha-
less, that if no claim or demand yan fallecido. Se entiende, sin em-
shall have been made against the bargo, que si ninguna reclamacion
effects and property of an indivi- 6 demanda se ha hecho contra los
dual so deceased, the consuls or bienes de un individuo que haya
vice-consuls, at the expiration of fallecido de esa maners, los Con-
the twelve calendar months, may sules 6 Vice-Consules, al fin del
close the estate and dispose of the plazo de los doce meses podrin eon-
effects and property, in accordance cluir la testamentaria y disponer de
with the instructions from their own los bienes conforme 4 los instruc-
governments, ciones de sus propios gobiernos.
A3TxoLz XL. AxnOULO XL.
The United States of Ameriea La. Repfbles del Perk ylos Es-
and the Republic of Peru, desiring tado Unidos de Am6rica deseando
to make as durable as circumstan- hacer tan durables como las circum-
ces will permit, the relations esta- stancias Io permitan las relaciones
blished between the two parties in establecidas entre ambas Partes, en
virtue of this treaty of friendship, virtud de este Tratado de Amistad,
commerce, and navigation, declare Comercio, y Navegacion, declaran
solemnly and agree as follows: solemnemente, y convienen en lo
que sigue:
TMO Wea 1 1. The present treaty shall re- 10. El presente Tratado durarA
remn In =fr main in force for the term of ten per el t6rmino de diez stios, conta-
ten ye= and years from the day of the exchange dos desde el dis del canje de las
,ots
notice of the ratfifcations thereof; and. ratifieaciones, y mas hasta el fin de
aftfrwards, further, until the end of one year un afo despues que cualquiera de
after either of the high contracting las dos partes contratantes aya no-
parties shall have given notice to tificado i la otra su intencion de
the other of its intention to termi- cancelarlo, reservandose cada una
nate the same - each of them re- el derecho de hacer ess notificacion
serving to itself the right of giving a la otra, al fin de dicho plazo de
such notice to the other at the end diez alos. Y se conviene ademis
of the said term of ten years. And entre las partes que i la espiracion
it is hereby agreed between the de un afo despues que se haya re-
parties that, on the expiration of cibido esa notificacion por una de
one year after such- notice shall elias, hecha por la otra parte come
have been received by either of se ha mencionado este tratado con-
them from the other party, as above eii y terminara enteramente.
mentioned, this treaty shall alto-
gether cease and determine.
Actsofprivate
citizens, not to 2. If any citizen or citizens of 20. Si cualquier ciudadano 6 en-
diturb amiable either party shall infringe any of alesquier ciudadanos de una 6 otra
relahons.

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TRBEATY WITH PERU. JuLT 26, 1851. "-947
the articles of the treaty, such citi- parte, quebrantasen cualquier arti. Ofenders to be
zen or citizens shall be held per- culo de este tratado, dichos ciuds p
sonally responsible therefor; and dano 6 ciudadanos serdA responsa-
the harmony and good understand- bles personamente, y la armonia y
ing between the two nations shall buena intelijencia entre las dos na-
not be interrupted thereby- each ciones no se interrumpirin pot ese
party engaging in no way to pro- motivo; y cada parte se compro-
tect the offender or offenders, or to mete i no protejer de ninguna ma-
sanction such violation, under pain nera al infractor 6 infractores, 6 A
of rendering itself liable for the sancionar tal violAcion, so pena de
consequences thereof. hacorse la misms responsable por
las consecuencias do ella.
S. Should unfortunately any of 80. Si dosgracisdamint la essfi- War not to be
the provisions contained in the pulaciones do este tratado fuesen deced for in..
t of this
present treaty be violated or in- violadas de otra manera,so convi- -_rnm
trealy, n re-
fringed in any other manner what- ene espresamente on que ningna dress has been
ever, it is expressly stipulated and de las partes contratantes ordenar demad
agreed that neither of the contract- 6 autorizarA ningun acto do repre-
ing parties shall order or author- sals, nL declararA Ia guerra A Is
ize any act of reprisals, nor declare otra pot quejas de agravios 6 per-
nor make war against the other, on juicios qu de all resultenbasta quo
complaint of injuries or damages la parte quo so considere agraviada
resulting therefrom, until the party haya presentado primeramente AIa
considering itself aggrieved shall otmuna relacion 6 representacionde
first have presented to the other a tales agravios 6 perjuicios, spoyados
statement or representation of such en suficientes pruebas, y hays pe-
injuries or damages, verified by dido reparacion y satisfscion, y quo
competent prooft, and demanded esta se le hays rehusado 6 retard-
redress and satisfaction, and the ado sin razon.
same shall have been either refused
or unreasonably delayed.
4. Nothing contained in this 4. Nada de lo ontenido en este T h,,# d
treaty shall, however, be construed tratado se entenderfi de maners quo to. oontmvene
to operate contrary to former and pueda producir un efecto contrarlo fr. treaties
existing public treaties with other a los trstados anteriores y vijentes fas.,
nations or sovereigns. colebrados con otras nacions o so-'
beranos.
The present treaty of friendship, El presente tratado de amistad, Exhge ot
commerce, and navigation, shall be comercio, y navegacion ser apo-rtfieatII5.
approved and ratified by the Presi- bado y ratificado por el Presidente
dent of the United States of Ame- de la Repfibica del Pere, con la
rica, by and with the advice and autorizaciondel Congreso del Per6,
consent of the Senate thereof, and y por el Presidente de los Estados
by the President of the Republic Unidos de Am6rica, con el parecer
of Peru, with the authorization of y acuerdo del Senado de los Esta-
the Congress thereof; and the rati- dos Unidos; y las ratiflcaciones se-
fications shall be exchanged at rfn canjeadas on Washington a los
Washington within eighteen months die y ocho mesas de esta fecha, 6
from the date of the sigqature Antes si es posible.
-hereof, or sooner if possible.
In faith whereof, we, the pleni- En f6 de lo cual, los plenipoten-
potentiaries of the United States of ciarios de Is Repfiblica del Peri y
America and of the Republic of. de los Estados Unidos de Ambrica
Peru, have signed and sealed these hemos firmado y sellado el pre-
presents. sente.
Done at the city of Lima on the Hecho en Lima el veintiseis de

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TREATY WITH PERU. JuLy 26, 1851.
twenty-sxth day of July, in the Julio del ago del Seflor de mi)
year of our Lord one thousand ochocientos cincuenta y uno.
eight hundred and fifty-one. J. CMO. TORRICO, [L. s.J
J. RANDOLPH CLAY, [L. s J. RANDOLPH CLAY,[L. s.]
J. CMO. TORRICO, EL. s.]
And whereas, the said Treaty has been duly ratified on both parts,
and the respective ratifications of the same were exchanged at Wash-
ington, on the sixteenth instant, by WILLAx HUNTER, Acting Secrtary of
State of the United States, and Seffor Don JuA Y. Di OsxA, Charg6
d'Afaires of the Republic of Peru, on the part of their respective go-
vernments:
Now, therefore, be it known, that I, MILLARD FILLMORE,
President of the United State& of America, have caused the said
Treaty to be made public, to the end that the same, and every clause
and article thereof, may be observed and fulfilled with good faith by the
United States and the citizens thereof.
In witness whereof, I have hereunto set my hand and caused the seal
of the United States to be affixed.
Done at the city of Washington, this nineteenth day of
[ July, in the year of our Lord one thousand eight hundred
J and fifty-two, and of the independence of the United States
the seventy-seventh.
MILLARD FILLMORE.

W. HUITEB, da ,a &er, of ae

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TREATY WITH THE SIOUX. Juy 23, 1851.

TREATIES.

MILLARD FILLMORE,
PRESIDENT OF THE UNITED STATES OF AMERICA: July 28 1851.
TO ALL AND SINGULA. TO WhOM THESE PRESENTS SHALL COME
3 , GRETING,

WrmRAs a treaty was made and concluded at Traverse des Sioux, in Prble.
the Territory of Minnesota, on the twenty-third day of July, one thousand
eight hundred and fifty-one, between the United States of America, by
Luke Lea, Commissioner of Indian Affairs, and Alexander Ramsey,
Governor and ex-ofcio Superintendent of Indian Affairs in said Terri-
tory, acting as Commissioners, and the See-see-toan and Wah-pay-toan
bands of Dakota or Sioux Indians, which treaty is in the words follow-
ing, to wit:
Articles of a treaty made and concluded at Traverse des Sioux, upon
the Minnesota River, in the Territory of Minnesota, on the twenty-third
day of July, eighteen hundred and fifty-one, between the United States
of America, by Luke Lea, Commissioner of Indian Affairs, and Alexan-
der Ramsey, Governor and ex-officio Superintendent of Indian Affairs in
said Territory, commissioners duly appointed for that purpose, and the
See-see-toan and Wah-pay-toan bands of Dakota or Sioux Indians.
ARTiCLZ 1. It is stipulated and solennly agreed, that the peace and Peace to exist.
friendship now so happily existing between the United States and the
afbresaid bands of Indians, shall be perpetual.
ARTICLE 2. The said See-see-roan and Wah-pay-toan bands of Da- Cession of land
kota or Sioux Indians, agree to cede, and do hereby cede, sell, and relin- to the United
quish to the United States, all their lands in the State of Iowa; and, Stte
also, all their lands in the Territory of Minnesota, lying east of the fol-
lowing line, to wit: Beginning at the junction of the Buffalo River with
the Red River of the north; thence along the western bank of said Red
River of the north, to the mouth of the Sioux Wood River; thence along
the western bank of said Sioux Wood River to Lake Traverse; thence,
along the western shore of said lake, to the southern extremity thereof;
thence in a direct line, to the junction of Kampeska Lake with the
Tchan-kas-an-data or Sioux River; thence along the Western bank of
said river to its point of intersection with the northern line of the State
of Iowa; including all the islands in said rivers and lake.
ARTICLE 3.* In part consideration of the foregoing cession, the United Laud to be set
States do hereby set apart for the future occupancy and home of the apart in lien
Dakota Indians, parties to this treaty, to be held by them as Indian lands t f"
are held, all that tract of country on either side of the Minnesota River
from the Western boundary of the lands herein ceded, east to the Tchay-
tam-bay River on the north, and to the Yellow Medicine River on the
south side, to extend, on each side, a distance.of not less than ten miles
from the general course of said river; the boundaries of said tract to be
marked out by as straight lines as practicable, whenever deemed expedi-
ent by the President, and in such manner as he shall direct.
ARTICLE 4. In further and full consideration of said cession, the Payment of
United States agree to pay to said Indians, the sum of one million, six on to said
hundred and sixty-five thousand dollars ($1,065,000,) at the several d,
times, in the manner and for the purposes following, to wit:

* This article was stricken out. See amendments, post, p. 951.

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950 TREATY WITH THE SIOUX. JULY 28, 1851 .
1st. To the Chiefs of the said bands, to enable them to settle their
affairs and comply with their present just engagement; and in considera-
tion of their removing themselves to the country set apart for them as above,
which they agree to do within two years or sooner, if required by the
President, without further cost or expense to the United States, and in
consideration of their subsisting themselves the first year after their re-
moval, which they agree to do without further cost or expense on the
part of the United States, the sum of two hundred and seventy-five
Poi thousand dollars ($275,000): Provided, That said sum shall be paid to
the Chiefs in such manner, as they, hereafter, in open Council shall re-
quest, and as soon after the removal of said Indians to the home set apart
for them, as the necessary appropriation therefor shall be made by Con-
gress.
2d. To be laid out under the direction of the President, for the esta-
blishment of manual labor schools; the erection of mills and blacksmith
shops, opening farms, fencing and breaking land, and for such other
beneficial objects as may be deemed most conducive to the prosperity
and happiness of said Indians, thirty thousand dollars ($80,000.)
The balance of said sum of one million six hundred and sixty-five
thousand dollars ($1,665,000) to wit: One million, three hundred and
sixty thousand dollars ($1,860,000,) to remain in trust with the United
States, and five per cent. interest thereon to be paid, annually, to said
Indians for the period of fifty years, commencing the first day of July,
eighteen hundred and fifty-two (1852,) which shall be in full payment
of said balance, principal and interest, the said payment to be applied
under the direction of the President, as follows to wit:
3d. For a general agricultural improvement and civilization fund,
the sum of twelve thousand dollars ($12,000.)
4th. For educational purposes, the sum of six thousand dollars,
($6,000.)
5th. For the purchase of goods and provisions, the sum of ten thou-
sand dollars, ($10,000.)
6tb. For money annuity, the sum of forty thousand dollars ($40,000.)
JaWS - ARTICLe. 5. The laws of the United States prohibiting the introduc-
ig liquor to re- tion and sale of spirituous liquors in the Indian country shall be in full
ma nf force in ffrce and effect throughout the Territory hereby ceded and lying in
said dstdrlc. Minnesota until otherwise directed by Congress or the President of the
United States.
Rules m AnTcLn 6. Rules and regulations to protect the rights of persons
pre eay oe and property among the Indians, parties to this Treaty, and adapted to
their condition and wants, may be prescribed and enforced in such man-
ner as the President or the Congress of the United States, from time to
time, shall direct
In testimony whereof, the said Commissioners, Luke Lea and Alex-
ander Ramsey, and the undersigned Chiefs and Headmen of the afore-
said See-see-toan and Wah-pay-toan bands of Dakota or Sioux Indians,
have hereunto subscribed their names and affixed their seals, in duplicate,
at Traverse des Sioux, Territory of Minnesota, this twenty-third day of
July, one thousand eight hundred and fifty-one.
ALEX. RAMSEY, [SRAL.]
Een-yang-ma-nee, (Running Walker or Wa-ma.ksoon-tay, ("Walnut;' or Blunt
"the Gun,") headed arrow,)
Wee-tehan-hpee-ee-tay-toan, (the Star Ma-za-sh'a, (Metal Sounding,)
face or the "Orphan,") Ya-shoa-pee, (The wind instrument,)
"e.tay.wa-keen-yan, ("Limping Devil" Noan-pa een-yan, (Twice Flying,)
or "Thunder Face,") Wash-tay-da, (Good, a little,)
Eesh-ta-hum.ba, (" SleepyEyes,") Wa-keen-yan-ho-ta, (Grey Thunder,)
Oo-pee. hen-day-a, (Extending his Wa-shee-tchoon-ma.za, (Iron French-
tram,) man,)

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TREATY WITH THE SIOUX. JuLY 28, 1851.
Hoak-shee-dan-wasb-ta7, (Good Boy,) Ta-pe-tan-ka, (His Big ire,)
Be-ta-eo-ka, (Face mnToe midst,) Ma~hpee-ya-h)na-sshkkn, (moving
Hay- a-hen-day-ma-za, (Metal Horn,) Cloud,)
Am-pay-too-sba, (Red Day,) Wa-na-pay-a, (The pursuer,)
Zesh-ta-humba-koash-ka, (Sleepy Eyes Be- hashkan-shkan-ma-nee, (Who walks
young,) shaking,)
A na-wang-ma-ntee, (Who goes galloping Ta-wa-kan-he-day-ma-za, (ls Metal
on,) Lightning,)
Ma-hKpee-wee-tchash-ta, (Cloud man,) Be-tay doo-ta, (ed Face,)
Tan-pa-hee-da, iSounding Moccasin,) Eenek-marp|-yahdi-nape, (Reappearing
Eenk-pa, (the upper end,) I Cloud,
Wee-yoa-kee-yay, Standard,) . Tchan-hedaysh-ka-ho-toau-ma-nee (the
Wa-kan-ma-uee, (malking gpirit,) Moving sounding Harp)
Be-taysha,
face,) (the one that reddens his Mazaku-te-ma-n, (Metal walks shoot-
iag,)
Ta-ka-ghay, (Elk maker,) A-kee-tcee-ta, (Standing Soldier.)
Signed in presence of Thomas Foster, Secretary. Nathaniel McLea Indian
Agent. Alexander Faribault, Stephen IL Riggs, Interpreters. A. S. H. White;
Tios.S. Williamson; IV. V. Henderson; A. Jackson ; James W. Boal; W.G.
Le Due; Alexis Baily; ILL. Dousman; Hugh Tyler.
To the Indian names are subjolned marks.
AND WEERnEAS the said treaty having been submitted to the Senate of
the United- States for its constitutional action thereon, the Senate did, on
the twenty-third day of June, one thousand eight hundred and fifty-two,
amend the same by a resolution in the words and figures following, to
wit:
IN EXECUTIVE SESSION, SENATE OR THE UNITED STATES,
June 23d, 1852.
Resolved, (two thirds of the Senators present concurring,) That the
Senate advise and consent to the ratification of the Articles of a Treaty
made and concluded at Traverse des Siodx, upon the Minnesota Fiver,
in the Territory of Minnesota, on the twenty-third day of July, eighteen
hundred and fifty-one, between the United States of America, by Luke
Lea, Commissioner of Indian Affairs, and Alexander Ramsey, Governor
and ex--oi'o Superintendent of Indian Affairs in said Territory, Com-
missioners duly appointed for that purpose, and the See-see-toan and
Wah-pay-toan bands of Dakota or Sioux Indians with the following
AMENDMENTS:
Strike out the third article of the treaty and add the following sup- Supplementl
plemental article. aymenlfo
1st. The United States do hereby stipulate to pay the Sioux bands f
of Indians, parties to this treaty, at the rate qf ten cents per acre, for the ln -----
lands included in the reservation provided for in the third article of the
treaty as originally agreed upon in the following words: -
"ARTICLE 3. In part consideration of the foregoing cession, the
United States do hereby set apart for the future occupancy and home of
-the Dakota Indians, parties to this treaty, to be held by them as Indian
lands are held, all that tract of country on either side of the Minnesota
River, from the western boundary of the lands herein ceded, east, to the
Tchay-tam-bay River on the north, and to Yellow Medicine River on the
south side, to extend, on each side, a distance of not less than ten miles
from the general course of said river; the boundaries of said tract to be
marked out by as straight lines as practicable, whenever deemed expedi-
ent by the President, and in such manner as lie shall direct:" which
article has been stricken out of the treaty by the Senate, the said pay-
ment to be in lieu of said reservation: the amount when ascertained under
instructions from the Department of the Interior, to be added to the trust
fund provided for in the Fourth article. Land to be set
2d. It is further stipulated, that the President be authorized, with apart for said in-
the assent of the said bands of Indians, parties to this treaty and as soon dia.

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2 TREATY WITH THE SIOUX. Juvr 28, 1851.'
after they shall have given their assent to the foregoing art,'o, as may
be convenient, to cause to be set apart by appropriate landmarks and
boundaries, such tracts of country without the limits of the cession made
pxovbD. by the First [2d] article of the treaty as may be satisfactory for their
future occupancy and home: Provded,That the President may, by the
consent of these Indians, vary the conditions aforesaid if deemed ex-
pedient.
Attest- ASBURY DICKINS, Sefr.aq.

AND wznzaAs, the said amendments having been submitted and ex-
plained to the said See-see-toan and Wah-pay-toan bands of Sioux In-
dians, the said Indians did, on the eighth day of September, one thousand
eight hundred and fifty-two, assent to the said treaty as amended by the
Senate, in words following, to wit:
We, the undersigned, Chiefs and Headmen of the See-see-toan and
Wab-pay-toan bands of Dakota or Sioux indians, parties to tjie treaty
made and concluded at Traverse des Sioux, upon the Minnesota River,
on the justice,
to the twenty-third day of
liberality, andJuly, eighteen
humanity hundred
of the and fifty-one,
President trusting
and the Congress
of the United States, that such tracts of country will be set apart for our
future occupancy and homie as will be to us acceptable and satisfactory,
do hereby give our free and voluntary assent to the foregoing treaty of
July 23, 1851, as amended by the resolution of the Senate of the United
States, on the twenty-third day of June, eighteen hundred and fifty-two,
the same having been submitted to us by Alexander Ramsey, Superin-
tendent of Indian Affairs for the Territory of Minnesota, and Commis-
sioner on the part of the United States, and fully and fairly explained
by In
himtestimony
to us in Council
whereof assembled.
the undersigned, Chiefs and Headmen of the
See-see-toan and Wah-pay-toan bands of DakOta or Sioux Indians, have
hereunto subsribed their names, in duplicate, at the office of the Super-
intendent of Indian Affairs, in the town of Saint Paul, Territory of
Minnesota, this eighth day of September, eighteen hundred and fifty-two.
Een-yang-ma-nee, A-na-wang-ma-nee,
Be-tay-wa-keen-yau, -enk-pa, by his on
Eesh-ta-hum-ba, (by his nephew,) Tapt-tank-ka,
Mah-pee-ya-wee-tchasta, Ma -pee-yanhla-shkan-hkan,
Ee h-tahm-ba-koash-ka, No hope-tor,
Mah-kat-een-day, Wo-tone-ho-wash-ta,
Yah-zhoa-pee, Moza-ku-te-ma-ni,
Wa-me-dee -cto-mo-nee, Tchan-ka-ha-too,
Oo-pee.ya-hen-da.ya, Wah-pah-ha-nah,
Roam-pa-keen-yan , Wah-m'pee-dee-dootah,
WasM-pa-day, Ho-hah-tchoko-ma-za,
Hay-a-he-day-ma-za, (by his father) Ta-wa-kan-he-day-ma-za,
Wa-keen-yah-doo-ta, Wa-kah-han-dee-tops,
Wa-kak.'ndee-ka-ta.
Witness: Nathaniel McLean, Indian Agent. Wallace D. White, Secretary.
Philander Prescot, Interpreter. Jos. Laframboise, Interpreter. Henry M. Rice
To the Indian names are subjoined marks.
The foregoing assent was signed in presence .of myself, and the wit-
nesses whose names are annexed.
ALEX. RAMSEY, (ommwiotr.

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TREATY WITH THE SIOUX. JuLy 28, 1851. 958
Now, therefore, be it known, that I, MILLARD FILLMORE, Presi-
dent of the United States of America, dd, in pursuance of the advice and
consent of the Senate, as expressed in their resolution of the twenty-
third day of June, one thousand eight hundred and fifty-two, aecept,
ratify, and confirm the said treaty as amended.
In testimony whereof, I have caused the seal of the United States to
be herewith affixed, having signed the same with my hand.
Done at the city of Washington, this twenty-fourth day of
February, in the year of our Lord one thousand eight
[L. s.] hundred and fifty-three, and of the Independence-of the
United States the seventy-seventh.
(Signed) MILLARD FILLMORE.
By THO PaESMEnTn:
(Signed) EDWARD EVERETT, Seetar y of &at.

VoL. x. TRzAT, - 120

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TREATY WITH THE SIOUX. AUGUST 5, 1851.

MILLARD FILLMORE,
August 5, 15L PRESIDENT OF THE UNITED STATES OF AMERICA:
TO ALL AD SINGULAR TO WHOM TRSB SrNTs SHALL COMB, GReeING:

WimnzAs a Treaty was made and concluded at Mendota, in the


Territory of Minnesota,-on the fifth day of August, one thousand eight
hundred and fifty-one, between the United States of America, by Luke
Lea, Commissioner of Indian Affairs, and Alexander Ramsey, Governor
and ex-officio Superintendent of Indian Affairs in said territory, acting
as commissioners, and the Med-ay-wa-kan-toan and Wah-pay-koo-tay
bands of Dakota or Sioux Indians, which treaty is in the words follow-
ing, to wit:
Articles of a treaty made and concluded at Mendota, in the Territory
of Minnesota, on the fifth day of August, eighteen hundred and fifty-one,
between the United States of America, by Luke Lea, Commissioner of
*Indium Affairs, and Alexander Ramsey, Governor'and ex-offcio Superin-
tendent of Indian Afitirs in said territory, commissioners duly appointed
for that purpose, and- the Med-ay-wa-kan-toan and Way-pay-koo-tay
bands of Dakota and Sioux Indians.
peasoe and AnTiCLE 1. The peace and friendship existing between the United
ffendshWP States and the Med-ay-wa-kan-toan and Wah-pay-koo-tay bands of
Dakota or Sioux Indians, shall be perpetual.
ession oflands AzTIC E 2. The said Med-ay-wa-kan-toan and Wah-pay-koo-tay
inMinnesota and bands of Indians do hereby cede and relinquish all their lands and all
Iowa. their right, title and claim to any landi whatever, in the Territory of
Minnesota, or in the State of Iowa.
Certain lands ARTICLE 8. In part consideration of the foregoing cession and re-
•nd
tfoad linqaishment, the United States do hereby set apart for the future occu-
pancy and home of the Dakota Indians, parties to this treaty, to be held
y them, as Indian lands are held, a tract of country of the average
width of ten miles on either side of the Minnesota River, and bounded
on the West by the Tchay-tam-bay and Yellow Medicine Rivers, and on
the Ea~t by the Little Rock River, and a line running due South from
its mouth to the Warsju River; the boundaries of said tract to be marked
out by as straight lines as practicable, whenever and in such manner as
provis the President of the United States shall direct: Provided, That said
tract shall be held and occupied by said bands in common, and that they
shall hereafter participate equally and alike, n all the benefits derived
from any former treaty between said bands or either of them, and the
United States.O
ymednt for ARTICLz 4. In further and full consideration of said cession and re-
saidi linquishment, the United States agree to pay to said Indians the sum of
one million four hundred and ten thousand dollars, ($1,410,000,) at the
several times, in the manner and for the purposes following, to wit:
1st. To the Chiefs of the said bands, to enable them to settle their
affairs and comply with their present just engagements; and in consider-
their removing themselves to one
ation of(which the country set apart for them as
above, they agree to do withi year after the ratification of
this treaty, without further cst or expense to the United States,) and in
consideration of their subsisting themselves the first year after their re-
moval, (which they agree to do without further cost or expense on the
part of the United States,) the sum of two hundred and twenty thousnd
dollars ($220,000.) Provdd, That said sum shall be paid, one hal to
the Chiefs of the ed-ay-wa-kan-toan band, and one half to the Chief
*This artcle was changed. See amendments, post, p.957.

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TREATY WITH THE SIOUX. AuGusu 5, 1851. 955

and Headmen of the Wah-psy-koo-tay band, in such manner as they,


hereafter, in open Council, shall respectively request, and as soon after
the removal of said Indians to the home set apart for them as the neces-
sary appropriations therefor shhl be made by Congress.
2d. Tobelaid out, under the directionof thePresidentforthe establish-
ment of muanual labor schools; the erection of mills and blacksmith
shops, opening farms, fencing and breaking land, and for such other bene-
ficial objects as may be deemed most conducive to the prosperity and
happiness of said Indians, thirty thousand dollars (P80,000.)
The balance of said sum of one million four hundred and ten thou-
sand dollars, ($1,410,000,) to wit: One million, one hlundred and six'.y
thousand dollars ($1,160,000,) to remain in trust with the United States,
and five per cent. interest thereon to be paid annually to said Indians for
the period of fifty years, commencing on the fist day of July, eighteen
hundred and fifty two (1852,) which shall be in full payment of said
balance, principal and interest: said payments to be made and applied,
under the direction of the President as follows, to wit:
8d. For a general agricultural improvement and civilization fund, the
sum of twelve thousand dollars, ($12,000.)
4th. For educational purposes, the sum of six thousand dollars,
($6000.)
5th. For the purchase of goods and provisions, the sum of ten thou-
sand dollars, ($10,000.)
6th. For money annuity, the sum of thirty thousand dollars,
($30,000.)
ARTIOLE V. The entire annuity, provided for in the first section of the The umuty
second article of the treaty of September twenty-ninth, eighteen hundred provided in
and thirty seven (1887,) including any unexpended balance that may be tea(V ViL
in the treasury on the first of July, eighten hundred and fifty-two, (1852,) ad in money.
shall thereafter be paid in money.
ARTICLicVLThe laws of the United States prohibiting theintroduction Sito l-
and sale of spirituous liquors in the Indian country shall be in full force quos..
and effect throughout the Territory hereby ceded and lying in Minnesota,
until otherwise directed by Congress or the President of the United
States.
ARTIcL *VIL Rules and Regulations to protect the rights of persons ules and reg-
and property among the Indians parties to this Treaty, and adapted to Istlons.
their condition and wants, may be prescribed and enforced in such man-
ner as the President or the Congress of the United States, from time to
time, shall direct.
ARTiCLz VIIL The Half-Breeds of the Sioux Nation having failed Payment to the
and refused to avail themselves of the provisions for their benefit in the E-Breeds in
ninth and tenth articles of the treaty concluded at Prairie du Chien on loeuOfin
rvision
,(VOL
the fifteenth of July, eighteen hundred and thirty, it is hereby agreed at vii. p.80.)
their request, that, in lieu of the tract of land set apart for the occupancy
of said Half-Breeds there shall be paid to them, by the United States,
under the direction of the President, the sum of one hundred and fifty
thousand dollars ($150,000) : Provided, That the non-ratification of this
article shall, in no manner aWfet the other provisions of this Treaty.
In witness whereof, the said Luke Lea and Alexander Ramsey, Com-
missioners on the part of the United States and the undersigned Chiefs
and Headmen of the Med-ay-wa-kan-toan and Wah-pay-koo-tay bands
of Dakota or Sioux Indians, have hereunto set their hands, at 7endota,
in the Territory of Minnesota, this fifth day of August, Anno Domini,
one thousand eight hundred and fifty-one.
L. LEA.
ALEX. RAMSEY.
* This article was struck out. See amendihents, pos, p. 957

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TREATY WITH THE SIOUX. AUGUST 5, 1851.

Ned-ay-wa-howoms. Headmen Hoak-shee-da doo-ta, (Scarlet


Boy,)
Chief T-oy-teduta, (his scarlet peo. " Am-pa -abo-ta, (Smoky Day,)
ple, or "Little CoHa-ha ma-, (Met Elk,)
Headmen Wa-kan-o-zhan, (Sacred Xght, " Ta-tay-h'moo-he-ya-ya,
or Medicine Bottle,) ("Whistling Wind,")
S 'ree-tchay, (Top of the Lodge ' Wa-pa-ma-nee, (He strikes
or"Jim," or "Old Thad, ) U RWalking,) (S
Ta-tchan-hpco-sa-pa, (His
"Black Tomahawk,) r ,)
Ma-ka-na-ho-toan-ma-nee, (At Ta-than-h'peema-za, (His Iron
whose tread the earth re- War Club,)
sounds,) Chief Ma- a-ho-ta, (Gray Metal.)
IP-daee-yan-kay,
' (he runs rat- Headmen Wa-soo-mee-tchash-tashnee,
thung,) (Wicked or "Bad Hail,")
4 Too-kan-a-hena-ma-nee, (Wal- an-ketay-hee-dan, I (Little
ker on the Medicine Bould. Water-God or "Little
era or Stonesj Whale,")
Wa-m'dee-doo-ta, (Scarlet War ' Tcha-noon.pay-sa, (The Smok-
Eagle,) er,)
Na-gheeyooshkan, (He moves Ta-tay-to-kay-tcha, (Other
the Ghosts or Shadows,) wind,)
" Shoank'-a-ska, ("White Dog,") " Ka-ho, (The Rambler about,)
Hoo-sa-nee-ghee, (one leg yel- Chief Ta-tchan-koo-wash-tay, (Good
low or orange co1orb,) Road,)
Wa-keen-yan-wash-tay, (" Good Headmen Ta-tay-o-wo-teen-ma-nee,
Thunder,") (Roaring Wind that walks,)
Chief Wa-pasha,
"Red U.f"(The)Standard, or ,9 O-yay-tean-ma-nee,
er
Maker) (Track
Headmen Wa-kan-hendee-o-ta, (Many Ta-shoark-ay, (His Dog,)
LiWk tuinge, Chief Sha-k'psy, ("Six,")
" Tchan-h'pee-yo-k, (He has & Headmen A-noghe e'ma-zeen, (He that
war club,) stands on both sides,)
4 Heen-han-doo-ta, (Red Owl,) Hoo-ya-pa, (Eagle Head,)
44 Ma ka-ka-ee-da, (He sets the Ta-ty-mee-na,1%(Round Wind,)
Earth on fire,) " Ka-t4pau.t'pan-oo, (He comes
Ee-a-hee-herday, (le bursts out pounding to pieces,)
speaking,) Ma -h' enakeen .ya,
Chief Wa-koo-tay, (The "Shooter,") Walking across a cloud,)
Headmen Ma-h'pee-ya-ma ma, (Metal " Wa-pee.ghee, (The orange red
cloud,) speckled cloud,)
" Ta-ma-za-ho-wash-ta, (his , Ma-a-wa-menoo-ha, (Gourd
good iron voice,) shell metal medicine rat-
" Ma-ku ta-na-zheen, (He stands tle,)
on the earth,) Chief Hay-e-tcha-h'moo-manee,
" Ee-wan-kam-ee-na-zhan, (He (Horn whistling walking,)
stands above,) (He Headmen Pay-pay, (Sharp,)
" Wa-kan-ta-pay-ta, (The Spirit's " Ta-wo-ta-way-doo-ts, (His
, Fitre, )
Nghee-mee-tcha-keetay,
kills the Ghosts,) (He
Scarlet Armor,)
Hay-pee, (Third Son,)
( A-pay-ho-ta, (Grey mane or
" Ren.yan-sha-sha,
"e-day-wa-kan, ( (Red Stones,)
Blaze,)
oSacred 4 crest,)
Ho-tan-een, (His voice can be
" Ta-sag-yay-ma-za,
Staff,)(His metal heard
Mal'ec-ya-shee-tcha,h, .(Bad
Chier Ma.hpce mce-tchash-tay, (man chud,
of the sky,) 4 Ta-w-tcheen, (His mind,)
Headmen Wee-tchan-h'pee, (The Star,) " Hn-ya-too-ko-kee-pa-pee,
H
" Ta-tay-na-zhee-na, , (Little (Night which is feared,)
standing Wind,)
In presence of Thomas Poster, Secretary. Nathaniel McLean, Indian Agent.
Alexander Fariboult, P. Prescott, G. H. Pond, Interpreters. David Olmstead; W.
C. Henderson; Alexis Bailly; Richard Chute; A. Jackson; A. L. Larpenteur;
W. H. Randall, Sr.; A. S. H. White; IL L. Dousman; Frederic B. Sibley; Marten
McLeod ;Geo. H. Faribault.
To the Indian names are subjoined marks.
And whereas the said treaty having been submitted to the Senate of
the United States for its constitutional action thereon, the Senate did,
on the twenty-third day of June, one thousand eight hundred and fifty.
two, amend the same by a resolution in the words and figures following,
to wit:

HeinOnline -- 10 Stat. 956 1849-1862


TREATY WITH THE SIOUX. AuGusT 5, 1851.

I EXECuTrV SEsSioN, SENATE Or Tm UmmD STATES,


une 28d, 1852.
RoedWW, (two thirds of the Senators present concurring,) That the
Senate advise and consent to the ratification of the Articles of a Treaty
made and concluded at Mendota in the Territory of Minnesota, on the
fifth day of August, eighteen hundred and fifty-one, between the United
States of America, by Luke Lea, Commissioner of Indian Afairs, and
Alexander Ramsey, Governor and ex-offico Superintendent of Indian
Affairs in said Territory, Commissioners duly appointed for that purpose,
and the Med-ay-wa kan-toan and Wah-pay-koo-tay bands of Dakota or
Sioux Indians with the following:
A m DXNTS:
Strike out the third article of the treaty and add the following supple-
mental article.
Ist. The United States do. hereby stipulate to pay the Sioux bands Payment fot
of Indians, parties to this treaty, at the rate of ten cents per acre, for said esion.
the lands included in the reservation provided for in the third article of
the treaty as originally agreed upon in the following words:
"AnTiLE MI. In part consideration of the foregoing cession and Tract of land
relinquishment, the United States do hereby set apart for the future ocou-tO be set apart.
pancy and home of the Dakota Indians, parties to this treaty, to be held
by them as Indian lands are held, a tract of country of the average
width of ten miles on either side of the Minnesota River, and bounded
on the west by the Tchay-tam-bay and Yeliow Medicne Rivers, and on
the east by the Little Rock River, and a line running due south
from its mouth to the Waraju River; the boundaries of said tract to
be marked out by as straight lines as practicable, whenever and in
such manner as the President of the United States shall direct: Pro-
vided, That said tract shall be held and occupied by said bands in com- To be oeeupt.
mon, and that they shall hereafter participate equally and alike, in all ed in eommoJ.
the benefits derived from any former treaty between said bands, or either
of them and the United States," which article has been stricken out of the
treaty by the Senate. The said payment to be in lieu of said reserva-
tion: the amount when ascertained under instructions from the Depart-
ment of the Interior to be added to the trust fund provided for in the
fourth article.
2d. It is further stipulated, that the President be authorized, with the
assent of the said bands of Indians, parties to this treaty, and as soon
after they shall have given their assent to the foregoing article, as may
be convenient, to cause to be set apart by appropriate landmarks and
boundaries, such tracts of country without the limits of the cession made
by the First article of the treaty as may be satisfactory for their future
occupancy and home: Provided,That the President may, by the consent
of these Indians, vary the conditions aforesaid if deemed expedient.
Strike out of the Treaty the following article.
AaTicLE VIII.
"The Half-Breeds of the Sioux nation having failed and refused to
avail themselves of the provisions for their benefit in the ,$nth and tenth
articles of the treaty concluded at Prairie Du Chien, on the fifteenth of
July, 1880, it is hereby agreed, at their request, that in lieu of the tract
of land set apart for the occupancy of said Half-Breeds, there shall be
paid to them by the jUnited States, under the direction of the President,
the sum of one hundred and fifty thousand dollars: ($150,000,) Trovideda
That the non-ratification of this article shall in no manner affect the other
provisions of this treaty."
Attest - ASBURYi DICKINS, &creay.

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TREATY WITH THE SIOUX. AUGUST 5, 1851.
AND wmiAa, the said amendments having been submitted and ex-
plained to the said Med-ay-wa-kan-toan and Wah-pay-koo-tay bands of
Dakota or Sioux Indians, the said Indians did, on the fourth day of Sep-
tember, one thousand eight hundred and fifty-two, assent to the said treaty
as amended by the Senate, in words following, to wit:
We the undersigned, Chiefs and Headmen of the Med-ay-wa-kan-toan
and Wah-pay-koo-tay bands of Dakota or Sioux Indians, parties to the
treaty made and eoncluded at Mendota, in the Territory of Minnesota,
on the fifth day of August, eighteen hundred and MLfy-one, confiding in
the justice, liberality, an4 humanity of the President and the Congress
of the United States, that such tracts of country will be set apart for our
future occupancy and home as will be to us acceptable and satisfactory,
do hereby give our free and voluintary assent to said treaty of August 5,
1851, as amended by the resolution of the Senate of the United States,
on the twenty-third day of June, eighteen hundred and fifty-two, the
same having been submitted to us by Alexander Ramsey, Superintendent
of Indian Affairs for the Territory of Minnesota, and Commissioner on
the part of the United States, and fully and fairly explained by. him
to us in Council assembled.
In testimony whereof the undersigned, Chiefs and Headmen of the
Med-ay-wa-kan-toan and Wah-pay-koo-tay bands of Dakota or Sioux
Indians, have hereunto subscribed their names, in duplicate, at the office
of the Superintendent of Indian Affairs, in the town of St. Paul, Terri-
tory of Minnesota, this fourth day of September, eighteen hundred and
fifty-two.
Wa pa-shaw, Be-wan-kam-ee-na .heeu,
Ta-oya-te-duta, O-tcho-kah-doo-tah,
Wa-koo-tay, (by his nephew,) Hoch-shee-dan-doo-tah,
Ta-tchn-koo-wash.-tay, Ta-tay-h'moo-he-ya-ya,
Ma hpee wa-tohash-tay, H pd
Sha-'"VIp(y hsbtej ak
a-a ho,(bhsbote Wa-soo-he-y'dah,
We-tchan-hpee, Oan-kee-ta-hee-dan,
Hoo-shah-shah, Wa-soo-wee-tchasta-shnee,
Tchan-h'peeyoo-ka, Tcha-noon-pa-sa,
Wa-kan-?endee-ota, Kahhee-dah,
Heen-han-doo-ta, Tee-tchay,
Wa-kau-o-zhan-zhan, Ta-tchan-hpee-sa-pa,
Too-kan.a-hena-ma-nee, Ta-mo-hab,
Wa-m'dee-doota, Na-pay-wa-kan-da-pay,
Hoo-ya-pa, Nah pyshnee,
Ta-ma-sa-ho-wash-tay, Ta-sla-kah,
Ma ks-twe-na-zha, Wa-kan-dee-ka-ha,
Ta-sa-gee-a-ma-zha, Weeohn-da)
Mah-kah-to, Ta-han-pee-dctah,
Taay-o-wo-teen-taa-nee, Om-patoo-doo-tab
Ta-shoark-ay, P&-ay.
O-no-ghee-na-heeu,
Witness: Henry h. Ricm. Philander Prescott, U. S. Interprete. Wallace B.
White, Secretary. C.L Emerson; Samuel John Jindley.
To the Indian names are subjolned marks.
The foregoing assent was signed in presence of myself, and the wit-
nesses whose names are annexed.
ALEX. RAMSEY, (7ommi ioer.

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TREATY WITH TlE SIOUX. AUGUST 5, 1851. 959
Now, therefore, be it known that I; MILLARD FILLMORE, Presi-
dent of the United States of America, do, in pursuance of the advice
and consent of the Senate, as expressed in their resolution of the twenty-
third day of June, one thousand eight hundred and fifty-two, accept,
ratify, and confirm the said treaty as amended.
In testimony whereof, I have caused the seal of the United States to
be herewith affixed, having signed the same with my hand.
Done at the cit of Washington, this twenty-fourth day of
[. February, in the year of our Lord one thousand eight
hundred and fifty-three, and of the Independence of the
United States the seventy-seventh.
(Signed) MILLARD FILLMORE.
By Tim .PRnsr-T:
(Signed) EDWARD EVERETT, Soretary of Stage.

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HeinOnline -- 10 Stat. 960 1849-1862
TREATY WITH BBEMEN, " APL 30, 185.

BY THE PRESIDENT OF THE UNITED ST'ATES OF AM1ERICA. Apr'1 8,5Z

A PROCLAMATION.

WEEREAs a Convention between the United States of America and


the Free and Hanseatic Republics of Hamburg, Bremen, and Lubeck,
was concluded and signed 'by their respective Plenipotentiaries at the
City of Washington, on the thirtieth day of April, one thousand eight
hundred and fifty-two; which Convention, being in the English and Ger-
man languages, is word for word as follows:

Convention for the mutual exten- Vertrag tiber die gegenseitige Aus-
sion of the jurisdiction of Consuls, dehnung der richterlichen Befug-
between the United States of nisse der Consuln zwischen dun
America and the Free and Han- Hanseatiehen Freisteaten" Ham-
seatic Republics of Hamburg, burg, Bremen und Lbeck und
Bremen, and Lubeck. den Vereinigten Staatn von Nord-
Amerika.
The United States of America, and Nachdem die Hanseatischen Frei-
the Free and Hanseatic Republics staaten Hamburg, Bremen und
of Hamburg, Bremen, and Lubeck, Ltibeck und die Vereinigten Staaten
having agreed to extend, in certain von Nord-Amerika tibereingekom-
cases, the jurisdiction of their re- men, in gewissen Faillen die richter-
spective Consuls, and to increase lichen Befugnisse ihrer respective
the powers granted to said Consuls Consuln auszudehnen und die
by existing Treaty stipulations, denselien vermittelst bestehender Negotiators.
have named for this purpose, as Vertrags-Bestimmungen gewihrten
their respective Plenipotentiaries, Rechte zu erweitern, so sind zu dem
to wit: the President of the United Ende von beiden Seiten Bevolimlch.
States of America, Daniel Webster, igte ernannt worden, nttmlich:
Secretary of State of the United von Seiten des Senats der Republik
States, and the Senate of the Free und freien Hansestadt, Hamburg,
and Hanseatic City of Hamburg, des Senats der Republik und freien
the Senate of the Free and Han- Hansestadt Bremen und des Senats
seate City of Bremen, and the der Republik und freien Hansestadt
Senate of the Free and Hanseatic Lilbeck, Herr Albert Schumachev#
City of Lubeck, Albert Schumacher, General-Consul von Hamburg und
Consul-General of Hamburg and Bremen in den Vereinigten Staaten,
Bremen in the United States; who, und von Seiten des Prasidenten der
having exchanged their full powers, Vereinigten Staaten von Nord-Ame-
found iq due and proper form, have rika, Herr Daniel Webster, Staats-
agreed to and signed the following Secretair der Vereinigten Staaten,
articles: weiche nach vollzogener Auswech-
selung ihrer in gtiltiger Form be-
fundenen Vollmachten die folgenden
Artikel festgesetzt und unterzeich-
net iubta :

AzTILz L ARtTIKL L
The Consuls, Vice-Consuls, corn- Die Consuln, Vice-Conuln, Hran- 0o6u, to ad
mercial and vies-commercial agents dels und Vice-Handels Agenten aol- a aes tu et
of each of the high contracting par- len ds Recht haben, als solche, bei m and
ties shall have the right, as such, to Streicsgkeiten welche zwischen den ONUS.
voL. x. TREAT. - 121

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962 TREATY WITH BREMEN, &0. APRm 30, 1852.
sit as judges and arbitrators in such Capitainen mnd Mannschaften der
differences as may arise between the Schiffie der Nation, deren Interessen
masters and crews of the vessels sie wahrzunehmen beauftragt sind,
belonging to the nation whose inte- entstehen m6gen, als Richter und
rests are committed to their charge, Schiedsmlinner zu handeln, ohne
without the interference of the local Dazwischenkunft der Orts-Bohor-
authorities, unless the conduct of den, wenn nicht etwa das Benohmen
the crews or of the master should der Mannschaften oder des Capi-
disturb the order or tranquillity of tains die Orduung oder Ruhe des
the country; or the said Consuls, Landes stbrt, oder die besagten Con-
Vice-Consuls, commercial agents, or suln, Vice-Consuln, Handels-Agen-
vie-ommrciA agents, should 're- ten odor Vice-Handels-Agenten de-
qtire their assistance'in executing ren Beistand zu Vollziehung oder
or supporting their own decisions. Aufrechthaltung ihrer Entscheidun-
But this species of judgment or ar- gen in Anspruch nehmen. Es ver-
bitration shall not deprive the con- steht sich jedoch dass diese Art von
tending parties or the right they Urtheil oder schiedsrichterlicher
have to resort, on their return, to Eutsecheidung die streitenden Thoile
the judicial authority of their own nicht des ihnen zustehenden Rechts
country. berauben soll, bei ihrer ZurtIckkunft
an die richterliche Beharde ihres
eigenen Landes sich zu wenden.

ATiCLU I. ARTKUL IL

The present Convention shall be Der gegenwirtige Vertrag soll


in force for the term of twelve years vom Tage der Ratifications-Urkun-
Limitation of from the day of its ratifications ; den an gerechnet, zwdlf Jahre in
this onventdon, and further until the end of twelve in Kraft bleiben und tiberdem bis
months, after the Government of the nach Ablauf von zwZdlf Monaten,
United States on the one part, or nachdem die eine odor die andere
the Free and Hanseatic Republics der Regierungen der Hanseatischen
of Hamburg, Bremen, or Lubeck, Freistaaten Hamburg, Bremen und
or either of them, on the other part, Lilbeck einerseits, odor die Regi.
shall have given notice of their in- erung der Vereinigten Staaten, an-
tention to terminate the same; each dererseits ihre Absicht, ihn zu on-
of the contracting parties reserving digen, der andern angekbndigthaben
to itself the right of giving such wird; indem jeder der contrabiren-
notice to the other at the end of the den Theile sich gegen den andern
said term of twelve years ; and it dits Befligniss vorbehitlt, am Ende
is hereby agreed, that, at the expi- der bestimmten Frist von zwtlf Jah-
ration of twelve months after such ren eine solche Erkifirung abzuge-
notice shall have been received by ben. Es ist dabe zwischen ihnen
either of the parties from the other, verabredet, dass mit dem Ablaufe
this Convention, and all the provi- der zw8lf Monate, nachdem eine
sions thereof, shall altogether cease solche Erklarung des einen Theils
and determine, as far as regards the bei dem andern eingegangen, dieser
States giving and receiving such Vertrag and alle seine Bestimmun-
notice; it being always understood gen in Bezug auf die Staaten welhe
and agreed that, if one or more of dese Erklkrung abgegeben und er-
the Free and Hanseatic Republics halten haben, ihre verbindliche
aforesaid shall, at the expiration of Kraft verlieren sellen, welches vera-
twelve years from the date of the bredetermassen so zu verstehen,
ratification of the Convention, give dass wenn einer odor mehrere
or receive notice of the termination der genannten EAanseatischen Frei-
of the same, it shall, nevertheless, staaten bei Ablauf der zwblf
remain in full force and operation, Jahre vom Tage. der Ratiflca-
as far as regards the remaining Free tion die Erklirnng iber das Auf-
and Hauseatie Republics or Repub- hren dieses Vertrags abgeben

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TREATY WITH BREMEN, &c. APimL 0, 1852.

lie, which may not have given or oder erhalten sollte, derselbedessen
received such notice. ungeachtet in voller Kraft und Wir-
kung in Bezug auf diejenigen oder
denjenigen der Hanseatischen Fre-
istaaten bleiben sol], welche eine
solche Erklarung weder abgegeben
noch erhalten haben.

ARncTLE UL ARTIKEL I.

This Convention is concluded Gegenwtiger Vertrag ist ab- atifleation.


subject to the ratification of the gesehlossen worden vorbehaltlich
President of the United States of der Ratification der Senate der
America, by and with the advice Hanseatischen Freistaaten Ham-
and consent of the Senate thereof, burg, Bremen und Lflbeck und vor-
and by the Senates of the Free and behaltliah der Ratification des Prii-
Hanseatic Republics of Hamburg, sidenten der Vereinigten Staaten
Bremen, and Lubeck ; and the rati- von Nord-Amerika unter Beiratli
fications shall be exchanged at und Zustimmung des Senates; die
Washington within twelve months Ratificationensollen innerhalb zwtlf
from the date hereof, or sooner, if Monaten vore heutigen Tage an
possible. gerechnet, oder frtiher, wenn es ge-
schehen kann, in Washington aus-
geweebselt werden.
In witness whereof, the respective Urkendlich dessen, haben die beid-
Plenipotentiaries have signed the erseitigen Bevollmiichtigten oben-
above articles, as well in German stehende Artikel sowohl in deutsch-
as in English, and have thereto af- er als engliseher Sprache unterzeich.
fixed their seals. net und ihre Siegel beigedrilckt.
Done in quadruplicate, at the In vierfachen Exemplaren ausge- Date.
City of Washington, on the thirtieth! fertigt in der Stadt Washington den
day of April, A. D., one thousand dreissigsten April des Jahres Ein-
eight hundred and fifty-two, in the tausend acht hundert und zwei und
seventy-sixth year of the Independ- finfzig, und im sechs und siebenzig-
ence of the United States of Ame- sten Jahre der Unabhingigkeit der
rica. Vereinigten Staaten von Nord-
Amerika.
DAN'L WEBSTER, [L.s] A. SCHUMACHER, [L. S.1
A. SCHUMACHER, [L. s:j DAN'L WEBSTER, [L. s.]

And whereas the said Convention has been duly ratified on both
parts, and the respective ratifications of the same were exchanged at
Washington, on the twenty-fifth of February last, by Edward Everett,
Secretary of State of the United States, and Albert Schumacher, Consul-
General of the Hanse Towns, in the United States, on the part of their
respective Governments :
Now, therefore, be it known that I, FRANKLIN PIERCE, Presi-
dent of the United States of America, have caused the said Convention
to be made public, to the end that the same and every clause and article
thereof, may be observed and fulfilled with good faith by the United
States and the citizens thereof
In witness whereof, I have hereunto set my hand and caused the seal
of he United States to be affixed.
Done at the City of Washington, this sixth day of June, in the
year of our Lord, one thousand eight hundred and fifty-three,
[L. s.] and of the Independence of the United States of America
the seventy-seventh.
BY THE PRESIDENT: FRANKLIN PIERCE.
W. L. MARCY. Seeretm y of &,fe.

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TREATY WITH PRUSSIA, &c. Juzi 16, i852.

July 18, 1852. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.

A PROCLAMATION.
WnzREAS a Convention between the United States of America and
Prussia and other States of the Germanic Confederation, was concluded
and signed at the City of Washington, by their respective Plenipotentia-
ries, on the sixteenth day of June, one thousand eight hundred and fifty-
two; and whereas an Additional Article to the said Convention was
agreed to and signed by the Plenipotentiaries of the parties on the six-
teenth day of November, one thousand eight hundred and fifty-two;
which Convention and Additional Article being in the English and Ger-
man languages, are word for word as follows:

Convention for the mutual delivery Vertrag zwischen den Vereinigten


of criminals, fugitives from jus- Staaten von -ord-.Amerika einer-
tice, in certain cases, concluded seits und Preussen und anderen
between the United States, on the Staaten des deutschen Bundes an-
one part, and Prussia and other dererseits,wegen der in gewissen
States of the Germanic Confede- Fitllen zu gewiibrenden Auslie-
ration, on the other part. ferang der vor der Justiz fitichti-
gen Verbrecher.
Pramble. Whereas it is found expedient, Da es Behiifs besserer Verwal-
for the better administration of jus- tung der Rechtspflege und zur Ver-
,tice and the prevention of crime hititung von Verbrechen innerhalb
within the territories and jurisdic- des Gebietes und der Gerichtsbar-
tion of the parties, respectively, that keit der contrahirenden Theile
persons committing certain heinous zweekmiissig befunden worden ist,
crimes, being fugitives from justice, dass Individuen, weIche gewisse
should, under certain circumstances, schwere Verbrechen begehen and
be reciprocally delivered up; and vor der Justiz fiichti" geworden
also to enumerate such crimes ex- sind, unter Umstlinden gegenseitig
plicitly; and whereas the laws and ausgeliefert werden, anch das die
Constitution of Prussia, and of the betreffenden Verbrechen namentlich
other German States, parties to this aufgeziihlt werden; und da die Ge-
Conve:;tion, forbid them to surren- setze und Verfassung Preussens
der their own citizens to a foreign und der anderen deutechen Staaten,
jurisdiction, the Government of the welche diesen Vertrag contrahiren,
United States, with a view of mak- ihnen nicht gestatten, ihre eigenen
ing the Convention strictly recipro- Unterthanen einer auswirtigen Ju-
cal, shall be held equally free from ridibtion zu tiberliefern, also die
any obligation to surrender citizens Regierung der Vereinigten Staaten
of the Ubited States; herefore, on mit Riieksicht dsrauf, dass der Ver-
the one part, the United States of trag unter stranger ReciprocitAt ge-
PartW America, and on the other part, schlossen wird, gleicherweise von
His Majesty the King of Prussia, jeder Verpflichtung frei sein soil,
in His owp name as well as in the Burger der Vereinigten Staaten
name of His Majesty the King of auszuliefern; so haben einerseits
Saxony, His Royal Highness the die Vereinigten Staaten von Nord
Elector of Hesse, His Royal High- Amerika und andererseits Seine
ness the Grand Duke of Hesse and Majestit der Konig von Preussen,
on Rhine, His Royal Highness the sowohl fur Sich als im Namen Sei-
Grand Duke of Saxe-Weimar-Else- ner Majestat des Konigs von Sach-

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TREATY WITH PRUSSIA, &c. JuiE 16, 1852.
nach, His Highness the Duke of sen, Seinei K5niglichen Hobeit
Saxe-Meiningen, His Highness the des Kurftirsten von Hessen, Seiner
Duke of Saxe-Altenburg, His High- Kdniglichen Hoheit des Grossher-
ness the Duke of Saxe-Coburg-Go- zogs von Hessen und bei Rhein,
tha, His Highness the Duke of Seiner Kdniglichen Hoheit des
Brunswick, His Highness the Duke Grossherzogs von Sachsen-Weimar-
of Anhalt-Dessau, His Highness Eisenach, Seiner Hoheit des Her-
the Duke of Anhalt-Bernburg, His zogs von Sachsen-Meiningen, Sei-
Highness the Duke of Nassau, ner Hoheit des Herzogs von Sach-
His Serene Highness the Prince sen-Altenburg, Seiner Hoheit des
of Schwarzburg-Rudolstadt, His Herzogs von Sachsen-Koburg-Go-
Serene Highness the Prince of tha, Seiner Hoheit des Herzogs von
Schwarzburg-Sondershausen, Her Braunschweig, Seiner Hoheit des
Serene Highness the Princess and Herzogs von Anhalt-Dessau, Sei-
Regent of Waldeck, His Serene ner Hoheit des Herzogs von, An-
Highness the Prince of Reuss, elder halt-Bernburg, Seiner Hoheit des
branch, His Serene Highness the Herzogs von Nassau, Seiner Durch-
Prince of Reuss, junior branch, His laucht des Ftirsten von Schwarz-
Serene Highness the Prince of Lip- burg-Rudolstadt, Seiner Dutch.
pe, His Serene Highness the Land- laucht des Fiirsten von Schwarz-
grave of Hesse-Homburg, as well burg-Sondershausen, Ihrer Durch-
as the free city of Franefort, having iaucht der Ftirstin und Regentin
resolved to treat on this subject, von Waldeck, Seiner Durchlaucht
have for that purpose appointed des Ffirsten von Reuss ilterer Li-
their respective plenipotentiaries to nie, Seiner Durchlaucht des Furs-
negotiate and conclude a convention ten von Reuss jUngerer Linie, Sei-
- that is to say: ner Durchlaucht des Flirsten zu
Lippe, Seiner Durchlaucht des
Landgrafen von Hessen-Homburg,
sowie der freien Stadt Frankfurt,
beschlossen, tiber diesen Gegenstand
zu verhanden und zu diesem Be-
htife ihre respectiven Bevollmich-
tigten ernannt, urn eine Ueberein-
kunft zu verhandein und abzu-
scliessen ; nimlich :
The President of the United Der Prtisident der Vereinigten. Negotlatlas.
States of America, Daniel Webster, Staaten von Nord-Amerika den
Secretary of State, and His Majesty Staats-Sekretair Daniel Webster,
the King of Prussia in His own und Seine Mjes tit der Kdnig von
name, as well as in the name of the Preussen in Seinem eigenen Na.
other German Sovereigns above men sowohl, als Namens der ande-
enumerated, and the free city of ren, oben aufgezithlten Deutschen
Franefort, Frederic Charles Joseph Souverilne und der freien Stadt
von Gerolt, His said Majesty's Min- Frankfurt, Allelichst Ihren Minis-
ister Resident near the Government ter-Residenten bei der Regierung
of the United States, who, after re- der Vereinigten Stanten, Friedrich
ciproal communication of their re- Carl Joseph von Gerolt, welche
spective powers, have agreed to and nach gegenseitiger Mittheilung ihrer
signed the following articles: respectiven Vollmachten, die fol-
genden Artikel vereinbart und un-
terzeichnet haben:

ARTICLE L AZRT L I.

It is agreed that the United States Man ist dahin Oiberein gekom- Personschsg
and Prussia,- and the other States men, dass die Vereinigten Staten eeddme8
with cern
to be ma-
of the Germanic Confederation in- und Preussen nebst den anderen tul-y
t mu-
eluded in, or which may hereafter Stnaten des Deutachen Bundes, die dere. -

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966 TREATY WITH PRUSSIA, &c. Jxs 16, 1852.

accede to this convention, shallupon in diese Uebereinkunft miteinge-


mutual requisitions by them or their schloesensind oderdiederselben sp-
ministers, officers, or authorities, terbeitreten mbgen,aufgegenseitige
respectively made, deliver up to jus- Requisitionen, welche respective sie
tice all persons who, being charged selbst oder ihre Gesandten, Beam-
with the crime of murder, or assault ten oder Behdrden erlassen, alle In-
with intent to commit murder, or dividuen der Justiz ausliefern ol-
piracy, or arson, or robbery, or for- len, welche beschuldigt, das Ver-
gery, or the utterance of forged pa- brechen des Mordes, oder eines An-
pers, or the fabrication or circula- griffs in mdrderischer Absicht, oder
tion of counterfeit money, whether des Seeraubs oder der Brandstif-
coin or paper money, or the embez- tung, oder des Raubes, oder der
zlement of public moneys committed Falschung, oder des Ausgebens fal-
within the jurisdiction of either par- scher Documente, oder der Verfer-
ty, shall seek an asylum, or shall be tigung, oder Verbreitung falschen
found within the territories of the Geldes, sei es gemUnztes oder Pa-
Proceedins other: Provided,That this shall only pier-Geld, oder des Defects oder
beforeunrrder. be done upon such evidence of cri- der Unterschlagung ffentlicher
minality as, according to the laws Gelder, innerhalb der Gerichts-
of the place where the fugitive or barkeit sines der beiden Theile be-
person so charged shall be found, gangen zu haben, in dem Gebiete
would justify his apprehension and des andern Theils eine Zutlucht sn-
commitment for trial, if the crime chen oder dort aufgefunden werden:
or offence had there been commit- mit der Beschrinkung jedoch, dass
ted; and the respective judges and dies nur auf solche Beweise fdr die
other magistrates of the two Go- Strafbarkeit geschehen soil, welche
vernments shall have power, juris. nach den Gesetzen des Orts, wo der
diction, and authority, upon corn- Fiichtling oder das so beschuldigte
plaint made under oath, to issue a Individuum aufgefunden wird, des-
warrant for the apprehension of the sen Verhaftung und Stellung vor
fugitive or person so charged, that Gericht rechtfertigen wiirden, wenn
he may be brought before shch das Verbrechen oder Vergehen dort
judges or other magistrates respect- begangen wfire ; und die respectiven
ively, to the end that the evidence Richter und andere Behorden der
of criminality may be heard and beiden Regierungen sollen Macht,
considered; and if, on such hearing, Befugniss und Autoritlit haben, auf
the evidence be deemed sufficient to eidlich erhilrtete Angabe einen Be-
sustain the charge, it shallbethe duty fehlzurVerhaftung des Fltlchtlings
of the examiningjudge or mogistrate oder so beschuldigten Individuums
to certify the same to the proper exe- zu erlassen, damit er vor die ge-
cutive authority, that a warrant may dachten Richter oder andern Be-
issue for the surrender of such fugi- hbrden zu dem .Zwecke gestellt
tive. The expense of such appre- werde, dass der Beweiss ffur die
hension and delivery shall be borne Strafbarkeit geh6rt und in Erwin-
and defrayed by the party who gung gezogen werde; und wenn bei
makes the requisition and receives dieser Vernehmung der Beweis flr
the fugitive. ausreichend zur Aufrechthaltung
der Beechuldigung erkannt wird, so
soll es die Pflicht des prilfenden
Ricliters oder der Behorde sein,
selbigen fur die betreffende execu-
tive Behdrde festzustellen, damit
ein Befehl zur Auslieferung eines
solehen Flalchtlings erlassen werden
kitnne. Die Kosten einer solehen
Verhaftung und Auslieferung sollen
von dem Theil getragen und erstat-
tet werden, welcher die Requisition
erlatsst und den Fitchbtling in Emp-
fang nimmt.

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TREATY WITH PRUSSIA, &o. Juxx 16, 1852.
ARTICLE "]' ARTIKEL H1.
The stipulations of this Conven- Die Bestimmungen dieser Uebe- Other States
tion shall be applied to any other reinkunft solen auf jeden andern mayaccede
State of the Germanic Confedera- Staat des Deutschen MBundes An- heto.
tion, which may hereafter declare wen'dung finden, der spilter seinen
its accession thereto. Beitritt zu derselben erklirt.
ARTICLE fI. ARTIrKL Il

None of the contracting parties Keiner der contrahirenden Theile No state to


shall be bound to deliver up its own soil ehalten se in Gemsheit sumrender its
citizens or subjects under the stipu- der Bestimmungen dieser Uebe- own etzem,
lations of this Convention. reinkunft seine eigenen BUrger
oder Unterthanen auszauliefern.

ARTICLE IV. ARTIKEL IV.

Whenever any person accused of Wenn ein Individuum, das eines No surrmder
der in dieser Uebereinkunft aufge- to be made tin
any of the crimes enumerated in d the provson
this Convention shall have commit- ziihlten Verbrechen angeklagt ist,here the
ted a new crime in the territories em neues Verbrechen in dem Ge- son demanded
of the State where he has sought an biete des Stantes begangen haben b- committed
asylum, or shall be found, such per- soilte, wo er eine Zufiucht gesucbt Statecieinthe
where he
son shall not be delivered up under hat oder aufgefunden wird, so soil is found.
the stipulations of this Convention, ein solches Individuum nicht eher
until he shall have been tried, and in Gemilssheit der Bestimmungen
shall have received the punishment dieser Uebereinkunft ausgeliefert
due to such new crime, or shall have werden als his dasselbe vor Gericht
been acquitted thereof. gestellt worden sein und die auf ein
solches neues Verbrechen gesetzte
Strafe erlitten haben oder fiwge.
sprochen worden scin wird.

ARTICLE V. ARTMEL V

The present Convention shall Die gegenwairtige Uebereinkunft Lintation of


continue in force until the 1st of soil bis zum Isten Januar 1858, in this treaty.
January, 1858; and if neither party Kraft bleiben, und wenn kein Theil
shall have given to the other six dem andern sohs Monate vorher
months' previous notice of its inten- Mittheilung von seiner Absicht
tion then to terminate the same, it macht, dieselbe dann aufzuheben,
shall further remain in force until so soll sie ferner in Kraft bleiben
the end of .twelve months after bis zu dem. Ablauf von zwolf Mona-
either of the high contracting par- ten, nachdem einer der hohen con-
ties shall have given notice to the trahirenden Theile dem andern von
other of such intention; each of the einer solchen Absicht Kenntniss
high contracting parties reserving gegeben; wobei jeder der hohen
to itself the right of giving such no- contraldrenden Theile sich das
tice to the other, at any time after Recht vorbehIlt, dem andern eine
the expiration of the said firstday solehe Mittheilung zu jeder Zeit
of January, 1858. nach dem Ablauf des gedahten
ersten Januar, 1858, zugehen zu
lassen.

ARTICLE VI. ARTIMEL V.

The present Convention shall be Die gegenwirtige Uebereinkunft Ratifcations.


0 See post pp. 970, 971, 972 for declarations of aocessio

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TREATY WITH PRUSSIA, &o. Juxn 16, 1852.
ratified by the President, by and soil ratifieirt werden von dem Prtd-
with the advice and consent of the sidenten unter und mit der Geneh-
Senate of the United States, and migung und Zustimmung des Se-
by the government of Prussia, and nates der Vereinigten Staaten und
the ratifications shall be exchanged von der Preussischen Regierung,
at Washington within six months und die Ratificationen sollen zu
from the date hereof, or sooner if Washington innerhalb sechs Mona-
possible. ten von dem heutigen Datum, oder
wo mdglich frther, ausgeweehselt
werden.
In faith whereof, the respective Zu Urkund dessen haben wir, die
Plenipotentiaries have signed this respectiven Bevollmlchtigten, diesse
Convention, and have hereunto af- Uebereinkunft unterzeichnet und
fixed our seals. hierunter unsere Siegel beigedrUekt.
Done in triplicate at Washington In dreifacher Ausfertigung ges-
the sixteenth day of June, one chehen zu Washington den sechs-
thousand eight hundred and fifty- sehnten Juni, 1852, im 76ten Jahre
two, and the seventy-sixth year of der Unabhiungigkeit der Vereinig-
the Independence of the United ten Stasten.
States.
DANIEL WEBSTER, FR. v. GEROLT,
[L. s.]
F&.v. GEROLT, DANIEL WEBSTER,

Additional Article to the Con- Additional-Artikel zu dem am


vention for the mutual delivery of 16ten Juni Eintausend acht hun-
criminals, fugitives from justice, in dert und zwei und flinfzig zu
certain cases, concluded between the Washington zwischen den Veremig-
United States, on the one part, and ten Staaten von Nord-Amerika, ein-
Prussia and other States of the erseits, und Preussen und anderen
Germanic Confederation, on the Staaten des Dentschen Bundes, an-
other part, at Washington, the 16th dererseits abgeschlossenen Vertrage
day of June, one thousand eight wegen der in gewissen FMillen ge-:
hundred and fifty-two. genseitig zu gewiihrenden Ausliefe-
rung der vor der Justiz fiilchtigcn
Verbrecher.
, Whereas it may not be practica- Da es nicht thunlich seun mbehte,
ble for the ratifications of the Con- dass die Ratificationen des am 16ten
vention for the mutual delivery of Juni, 1852, zu Washington unter-
criminals, fugitives from justice, in zeichneten Vertrages zwisehen den
certain cases, between the United Vereinigten Staaten einerseits und
States and Prussia and other States Preussen und anderen Staaten des
of the Germanic Confederation, Deutschen Bundes andererseits, we-
signed at Washington, on the 16th gen der in gewissen Fitllen zu ge-
day of June, 1862, to be exchanged wahrenden 'gegenseitigen Ausliefe-
within the time stipulated in said rung der vor der Justiz fltichtigen
Convention; and whereas both par- Verbrecher innerhalb der im ge-
ties are desirous that it should be nanntenVertrage verabredeten Frist
carried into full and complete effect, ausgewechselt werden, und da beide
the President of the United States Theile wainschen das derselbe zur
of America has fully empowered on vollstindigen Ausflthrung gelange,
his part Edward Everett, Secretary so hat an dem Ende der Prtsident
of State of the United States, and, der Vereinigten Staaten von Nord
His Majesty the King of Prussia, Amerika seinerseits den Staats-
in His own name, as well as in the Secretair der Vereinigten Stant-
name of the other Geripan Sove- en Edward Zverett und Seine
reigns enumerated in the aforesaid, Majestat der KJnig von Preussmen

HeinOnline -- 10 Stat. 968 1849-1862


TREATY WITH PRUSSIA, &o. Juwn 16, 1852.
Convention, has likewise fully em- in Seinem eigenen Namen xowol,
powered Frederick Charles Joseph als Namens der anderen in dem
von Gerolt, His said Majesty's Mi- vorgenannten Vertrage erwimhnten
nister Resident near the Govern- deutschen Souveraine, Allerhachst
ment of the United States, who Ihren Minister-Residenten bel der
have agreed to and signed the fol- Regierung der Vereinigten Staaten
lowing article: Friedrich Carl Joseph von Gerolt
mit der nthigen Volhnacht verse-
hen, welehe den folgenden Artikel
vereinbart und unterzeichnet ha-
ben:
The ratifications of the Conven- Die Ratificationen des an 16ten Time for rati-
tion for the mutual delivery of cri- Jnni, 1852, abgeschlossonen Ver- o8n extend-
minals, fugitives from justice, in trages wegen der in gerwissen Fill- d"
certain cases, concluded on the 16th len zu gewfibrenden gegenseitigen
of June, 1852, shall be exchanged Auslieferung der.-vor der Justiz
at Washington within one year from fliichtigen Verbrecher, sollen zu
the date of this agreement, or soon- Washington innerhalb eines Jahres
er, should it be possible. von dem Datum dieser Ueberein-
knnft an gerechnet, oder womaglich
frlther, ausgewechselt werden.
The present additional Article Der gegenwfirtige Additional Ar-
shall have the same force and effect tikel soll dieselbe Kraft und Wirk-
as if it had been inserted, word for ung haben, als ob er Wort fur
word, in the aforesaid Convention Wort in vorgenannten Vertrag vom
of the 16th of June, 1852, and shall 16ten Juni, 1852, mitaufgenommen
be approved and ratified in the man- worden wire und soll in der in dem-
ner therein prescribed. selben vorgeschriebenen Weise ge-
nehmigt und ratificirt warden.
In faith whereof, we the respec- Zu Urkund dessen haben wir, die
tive Plenipotentiaries, have signed respectiven Bevollmlichtigten, diese
this agreement and have hereunto Uebereinkunft gezeichnet und un-
afted our seals. sere Siegel hier beigedrickt.
Done at Washington, this six- Geschehen zu Washington den
teenth day of November, one thou- sechszehnten November Eintausend
sand eight hundred and fifty- acht hundert zwei und flinfzig und
two, and the seventy-seventh year im sieben und siebenzigsten Jahre
of the Independence of the United der Unabhiingigkeit der Vereinigten
States. Staaten.
EDWARD EVERETT, EDWARD EVERETT,
I .
FR. v. GEROLT, (L .] FR. v. GEROLT,
[L.a.
And whereas the said Convention and Additional Article have been
duly ratified on both parts, and the respective ratifications of the same
were exchanged at Washington on the 80th ultimo, by WrL~uza L.
MIarcy, Secretary of State of the United States, and Famuw CaHaLE
JOSEPH VON GERaOLT, Minister Resident of his Majesty the King of Prus-
sia in the United States, on the part of their respective Governments:

Now, therefore, I, FRAKM I PIERCE, President of the


United States of America, have caused the said Convention and Ad-
ditional Article to be made public, to the end that the same, and every
clause and aitiele thereof, may be obseryed and fulfilled with good faith
by the United States and the citizens thereof
vo. x. TRET. - 122

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970 TREATY WITH PRUSSIA, &o. JuNn 16, 1852.
In witness whereof I have hereunto set my hand and caused the seal
of the United States to be affixed.
Done at the city of Washington, this first day of June, in the
year of our Lord one thousand eight hundred and fifty-three,
(L. s.)
and of the Independence of the United States of America
the seventy-seventh.
FRANKLIN PIERCE.
By =z PRBSWIT:
W. L MARCY, &Stavijof Seak.

June 16, i8m. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.


A PROCLAMATION.
Wxit.AS it is provided by the second article of the Convention of the 16th
of June, 1852, between the United States and Prussia and other States of the
Germanic Confederation, for the mutual delivery of criminals, fugitives fiom
justice, in certain cases, that the stipulations of that Convention shall be applied
to any other State of the Germanic Confederation which might thereafter de-
clare its accession thereto:
Bre.-nen. And whereas the Free Hanseatic city of Bremen has declared its accession to
the said Convention, and the exchange of the said declaration for my acceptance
of the same was made at Washington on the 14th instant, by Rudolph Schleiden,
Minister Resident of the said Free Hanseatic city of Bremen, and William. L.
Mmary, Secretary of State of the United States, on behalf of their respective
governments:
Now, therefore, be it known, that I, FRANKLIN PIERCE, President of the
United States of America, have caused this information to be made public, in
order that the stipulations of the said Convention may be observed and fuifilled
with good faith in respect to the Free Hanseatic city of Bremen by the United
States and the citizens thereof.
ln-witness whereoZ I have hereunto set my hand, and caused the seal of the
United States to be affixed.
Done at Washington, the fifteenth day of October, in the year of our Lord
one thousand eight hundred and y-three, and of the independence
. a] of the United States the seventy-eighth. FRANKLIN PIERCE.
FRAPKLIsPIERCE
By T= PzisxT:
W.- L. MARCY, S'creayof SWe.

June 1s, 1s52. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA-


A PROCLAMATION.
WHMEAS it is provided by the second article of the Convention of the 16th
June, 1852, between the United States and Prussia, and other States of the
Germanic Confederation, for the mutual delivery of crimina fugtives from
justice in certain cases, that the stipulations of that Convention " be applied
to any other State of the Germanic Confederation which might thereafer de-
clare its accession thereto:
mechlenburg- And whereas the Government of MecklenburgStrelitz has declared its aces
Strelitz. sion to the said Convention, and has caused the said declaration to be lodged in
the Department of State of the United States:
Noow, therefore, be it known, that I, FRANKLIN PIERCE, President of the
United States of America, have caused this information to be made public, in
order that the stipulations of the said Convention may be observed and ffilfilted
with good faith in respect to the Government of Meckleburg-Strelitz by the
United States and the citizens thereof.
In witness whereof, I have hereunto set my hand, and caused the seal of the
United States to be affixed.

HeinOnline -- 10 Stat. 970 1849-1862


TREATY WITH PRUSSIA, &c. JuNz 16, 1852. 971
Done at Washington the twenty-sixth day of January, in the year of our Lord
one thousand eight hundred and fify-four, and of the independence
[L. a.] of the United States the seventy-eighth. FRANKIN PIERCE.
BY THE PRESIDENT:
W. L. MARCY, Seereary of &age.

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. June 16, 1852.


A PROCLAMATION.
WHEREAS it is provided by the second article of the Convention of the 16th
of June, 1852, between the United States and Prussia, and other States of the
Germanic Confederation, for the mutual delivery of criminals, fugitives from
justice in certain cases, that the stipulations of that Convention sll be applied
to any other State of the Germanic Confederation which might thereafter de-
clare its accession thereto:
And whereas the government of Wurtemberg has declared its accession to Wurtemberg.
the said Convention, and has caused the said declaration to be lodged in the
Department of State of the United States:
Now, therefore, be it known, that I, FRANKLIN PIERCE, President of the
United States of America, have caused this information to be made public, in
order that the stipulations of the said Convention may be observed and fulfilled
with good faith in respect to the government of Wurtemberg by the United
States and the citizens thereof.
In witness whereof, I have hereunto set my hand, and caused the seal of the
United States to be affixed.
Done at Washington the twenty-seventh day of December, in the year of our
Lord one thousand eight hundred and fifty-three, and of the independ-
LI a.] ence of the United States the seventy-eighth.FRANLINPIERCE.
BY THE PRESIDENT:
W. L. MARCY, Secrewy of S&ae.

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. June10, 186.


A PROCLAMATION.
WHERsS it is provided by the second article of the Convention ofthe 16th
June, 1852, between the United States and Prussia, and other States of the
Germanic Confederation, for the mutual delivery of criminals, fugitives from
justice in certain cases, that the stipulations of that Convention shall be applied
to any other State of the Germanic Confederation which might thereafter de-
clare its accession thereto:
And whereas the Government of Mecklenburg-Schwerin has declared its aco Mecklenburg-
cession to the said Convention, and has caused the said declaration to be lodged Schwerin.
in the Department of State of the United States:
Now, therefore, be it known, that 1, FRAINKLIN PIERCE, President of the
United States of America, have caused this information to be made pubic, in
order that the stipulations of the said Convention may bd observed and fulfilled
with good faith in respect to the Government of Mecklenburg-Schwerin by the
United States and the citizens thereof.
In witness whereof, I have hereunto set my hand, and caused the seal of the
United States to be affixed.
Done at Washington the sixth day of January, in the year of our Lord one
thousand eight hundred and fifty-four, and of the independence of the
[L. a.] United States the seventy-eighth. FRANKLIN PIERCE.
BY TE PRESIDENT:
W. L. MARCY, Secretary of&air

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. June 16,s185.


A PROCLAMATION.
WHE ZAs it is provided by the second article of the Convention of the 16th
June, 1852, between the United States and Prussia, and other States of the

HeinOnline -- 10 Stat. 971 1849-1862


972 TREATY WIrH PRUSSIA, &o. Jumu 16, 1852.
Germanic Confederation, for the mutual delivery of criminals, fuitves from
justice in certain cases, that the stipulations of that Convention shall be applied
to any other State of the Germanic Confederation which might thereafter de-
clare its accession thereto:
Oldenburg. And whereas the Government of Oldenburg has declared its accession to the
said Convention, and has caused the said declaration to be lodged in the Depart-
ment of State of the United States:
Now, therefore, be it known, that I, FRANKLIN PIERCE, President of the
United States of America, have caused this information to be made public, in
order that the stipulations of the said Convention may be observed and fulfilled
with good faith in respect to the Government of Oldenburg by the United
States and the citizens thereof
In witness whereof, I have hereunto set my hand, and caused the seal of the
United States to be affixed.
Done ap Washington the twenty-first day of March, in the year of our Lord
one thousand eight hundred and My-four, and of the independence
L S.] of the United States the seventy-eighth. FRANKLIN PIERCE.

BY TE PRESDIDNT:
.W. L. MARCY, &crefarj of &tate.

June 16, IS BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.

A PROCLAMATION.
WEzREAS it is provided by the second article of the Convention ofthe 16th
June, 1852, between the United Skates and Prussia, and other States of the
Germanic Confederation, for the mutual delivery of criminals, fugitives from
justice, in certain caes, that the stipulations of that Convention s be applied
to any, other State of the Germaio Confederation which might thereafer de-
clare its accession thereto :
Schaumburg- And whereas the Government of Schaumburg-Lippe has declared its acces-
Lipp. sion to the said Convention, and has caused the said declaretion to be lodged in
the Departnient of State of the United States: ,
Now, therefore, be it known, that I, FRANKLIN PIERCE, President of the
United States of America, have caused this information to be made public, in
order that the stipulations of the said Convention may be observed and fulfilled
with good faith in respect to the Government of Schaumburg-Lippe by the
United States and the citizens thereof
In witness whereof, I have hereunto set my hand, and caused the seal of the
United States to be affixed.
Done at Washington the twenty-sixth day of July, in the year of our Lord
one thousand eight hundred andhf -fourand of the Independence
ce
8.] of theL United Sates the seventy-nPH.IeR
in FRANKLIN PIERCE.
Br P.asofr:
W. LMAC
L. MARCY, &ceaiof State

HeinOnline -- 10 Stat. 972 1849-1862


HeinOnline -- 10 Stat. 973 1849-1862
TREATY WITH THE CHICKASAWS, Jmiu 22, 1852.

MILLARD FILLMORE,
June 22, 186. PRESIDENT OF TW1E UNITED STATES OF AMERICA.

TO ALL AND SINGULAR TO WHOM THESH PRESENTS SHALL COME, GREBETING:

Preamble. WHmEAs a Treaty was made and concluded at the City of Wash.
ington on the 22d day of June, 1852, between Kenton Harper, Com-
missioner on the part of The United States, and Colonel Edmund Pick-
ens, Benjamin S. Love, and Sampson Folsom, Commissioners duly ap-
pointed for that purpose, by the Chickasaw tribe of Indians, which treaty
is in the words and figures folloWing, to wit:
Articles of a treaty concluded at Washington, on the 22d day of June,
1852, between Kenton Harper, Commissioner on the part of the United
States, and Colonel Edmund Pickens, Benjamin S. Love, and Samp-
son Folsom, Commissioners duly appointed for that purpose, by the
Chickasaw tribe of Indians.
Agent to re- ARTICLE 1. The Chickasaw tribe of Indians acknowledge themselves
aide among the to be under the guardianship of the United States, and as a means of
cka~w& securing the protection guaranteed to them by former treaties, it is agreed
that an Agent of the United States shall continue to reside among them.
Sais of the ARTICLz 2. The expenses attending the sale of the lands ceded by
Chiokawland.the Chickasaws to the United States, under the treaty of 1832, having,
for some time past, exceeded the receipts, it is agreed that the remnant
of the lands so ceded and yet unsold, shall be disposed of as soon as
practicable, under the direction of the President of the United States in
such manner and in such quantities, as, in his judgment, shall be least ex-
Burial-ground pensive to the Chickasaws, and most conducive to their benefit: Provided,
In Pontotoo. That a tract of land,.including the grave-yard near the town of Pontotoc,
where many of the Chickasaws and their white friends are buried, and
not exceeding four acres in quantity, shall be, and is hereby set apart
and conveyed to the said town of Pontotoc to be held sacred for the pur-
poses of a public burial-ground forever.
Settlement of ARtTICLE 8. It is hereby agreed that the question of the right of the
title of Chicka- Chickasaws, so long contended for by them, to a reservation of four miles
saws to a tiiit in o h i
Tennessee. square on the River Sandy, in the State of Tennessee, and particularly
described in the 4th article of the treaty concluded at Oldtown, on the
19th day of October, 1818, shall be submitted to the Secretary of the
Interior who shall decide, what amount, if any thing, shall be paid to the
Proviso. Chickasaws for said reservation: Provided,however, That the amount so
to be paid shall not exceed one dollar and twenty-five cents per acre.
Settlement of ARTICLE 4. The Chickasaws allege that in the management and dis-
certain Chicka- bursement of their funds by the Government, they have been subjected
as* clims. to losses and expenses which properly should be borne by the United
States. With the view, therefore, of doing full justice in the premises, it
is hereby agreed that there shall be, at as early a day as practicable, an
account stated, under the direction of the Secretary of the Interior, ex-
hibiting in detail all the moneys which, from time to time, have been
Vol. vii. pp. placed in the Treasury to the credit of the Chickasaw nation, resulting
381, 450. from the treaties of 1832, and 1834, and all the disbursements made
therefrom. And said account, as stated, shall be submitted to the Chicka-
saws, who shall have the privilege, within a reasonable time, of filing ex-
ceptions thereto, and any exceptions so filed shall be referred to the Sec-
retary of the Interior, who shall adjudicate the same according to the

HeinOnline -- 10 Stat. 974 1849-1862