for extra services in surveying the coast in eighteen hundred and twentyseven, the said sum having been carried to the surplus fund from a former appropriation. APPROVED, June 30, 1834. STATUTE I. June 30, 1834. CHAP. CLIII.—An Act to provide for the payment of claims, for property lost, captured, or destroyed, by the enemy, while in the military service of the United States, during the late war with the Indians on the frontiers of Illinois and Michigan territory. Officers and be paid the value of property lost. Proviso. Proviso. Proviso. Volunteers or draughted militiamen to be allowed for arms, &c. Parent or guar dian to receive compensation on account of deceased mi nors. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That any officer, field or staff, volunteer, ranger, cavalry or other persons engaged in the service of the United States in the late campaigns against the Indians on the frontiers of Illinois and Michigan territory, who have sustained damage without any fault or negligence on their part, respectively, by the loss of a horse, or necessary equipage in battle, or by the loss of a horse that was wounded in battle, and afterwards died of said wound while in the service, or who has sustained damage by the reason of the loss of any horse which, in consequence of the United States failing to supply sufficient forage, while engaged in said service, died, or was unavoidably abandoned and lost, or who has sustained damage by reason of the loss of any horse, because the rider was dismounted and separated from his horse, and ordered to do military duty on foot at a station detached from his horse, or for the loss of necessary equipage, in consequence of the loss of his horse as aforesaid, shall be allowed and paid the value thereof: Provided, That if any payment shall have been made to any officer, soldier or other person as aforesaid, for the use and risk, or for forage after the death or abandonment of said horse, said amount shall be deducted from the value thereof, unless said officer or soldier or other person shall have satisfied the paymaster at the time he made the payment, or shall hereafter show by proof, that he was remounted, in which case the deduction shall only extend to the time such officer, soldier, or other person, served on foot; And provided, also, That if any payment shall have been made, to any officer or soldier on account of clothing, such payment shall be deducted from the value of his horse and accoutrements; And provided further, That no claim shall be allowed under the provisions of this section until the best evidence which the nature of the case will admit of, shall be produced before the accounting officer showing the number of horses lost, in manner aforesaid, the time when lost, and the name of the owner. SEC. 2. And be it further enacted, That any person who, in the Indian wars aforesaid, has acted in the military service of the United States as a volunteer or draughted militiaman, and who has furnished himself with arms and military accoutrements, and has sustained damage by the capture, or destruction of the same, without any fault or negligence on his part, or who has lost the same by reason of his being wounded in the service, shall be allowed and paid the value thereof. SEC. 3. And be it further enacted, That in all instances where any minor has been engaged in the military service as aforesaid, during the Indian wars as aforesaid, and was provided with a horse or equipments, or with military accoutrements by his parent or guardian, and has since deceased, without paying for said property, and the same was lost, captured, destroyed, or abandoned, in the manner before mentioned, said parent or guardian shall be allowed pay there for on making satisfactory proof as in other cases, and the further proof, that he is entitled thereto by having furnished the same. SEC. 4. And be it further enacted, That the third auditor of the trea sury shall adjudicate and decide such claims as may be presented against the United States, under the provisions of this act, Provided, That every claim which exceeds the sum of two hundred dollars, instead of deciding the same, the said third auditor shall report the whole of the proof to Congress at its next session after taking and closing such proof; and he shall have power by constituting a commission or otherwise, to take testimony in any case where he shall think the interests of the United States require further testimony to be taken. SEC. 5. And be it further enacted, That any sum of money to any amount not exceeding two hundred dollars so allowed by said third auditor shall be paid by the Secretary of the Treasury, out of any money in the treasury not otherwise appropriated. APPROVED, June 30, 1834. CHAP. CLV.-An Act authorizing the construction of a bridge across the Potomac, and repealing all acts already passed in relation thereto. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the act, entitled "An act providing for the purchase by the United States of the rights of the Washington Bridge Company, in the District of Columbia, and for the erection of a public bridge on the site thereof," which passed the fourteenth day of July, eighteen hundred and thirty-two, and the act entitled "An act in relation to the Potomac bridge," which passed the second day of March, eighteen hundred and thirty-three, be, and the same are hereby repealed, except so much of the former as authorized the purchase of the rights of the Washington Bridge Company. Secretary of Treasury to contract for bridge similar to that formerly built. Size of draws. SEC. 2. And be it further enacted, That the Secretary of the Treasury be, and he is hereby, authorized and required, to contract for the reconstruction, on the site of the present bridge, across the river Potomac, of a bridge, on the plan of that originally constructed there by the Washington Bridge Company: Provided, That the draw at the southern channel of the river be not less than sixty-six feet, and at the northern channel than thirty-five feet; that a space or spaces not exceeding in all, one thousand six hundred and sixty feet of the shoal or shoals, over which the present bridge passes, may be filled up by a solid embankment; in part, if convenient, of earth obtained by dredging the river channel: And provided, also, That the entire cost of said embankment, and Appropriation. such reconstruction shall not on the whole exceed one hundred and thirty thousand dollars, which sum is hereby appropriated thereto, out of any money in the treasury not hitherto appropriated. SEC. 3. And be it further enacted, That the claims of Orange H. Dibble, for labour, materials, or any other expenses upon the said bridge, be ascertained by the Secretary of the Treasury, as nearly as the same can be done, and be laid before Congress at its next session for its examination. And the Secretary of the Treasury is hereby directed to pay him in the mean time such sum as will reimburse to him the actual loss incurred by him, in making preparation for the construction of the said bridge: Provided, The amount paid shall not exceed twenty thousand dollars, said payment to be made out of any money in the treasury not otherwise appropriated. APPROVED, June 30, 1834. CHAP. CLVI.-An Act to authorize the sale of lots in the town of St. Mark's, in Florida. Claims of O. H. Dibble to be ascertained and actual loss paid, if not exceeding $20,000. STATUTE I. June 30, 1834. Register and Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the President of the United receiver to sell. STATUTE I. States be, and he is hereby, authorized to direct the register and receiver of the Tallahassee land district to make sale, at public auction, of onefourth of the lots in the town of St. Mark's, in the territory of Florida, according to the plan of the surveyor general of said territory, as soon as practicable after the passage of this act, upon giving two months' public notice of the said sale. APPROVED, June 30, 1834. June 30, 1834. CHAP. CLVII.—An Act supplementary to the act to amend the several acts respecting copyrights. (a) Deeds of trans fer to be recorded, &c. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That all deeds or instruments in writing for the transfer or assignment of copyrights, being proved or acknowledged in such manner as deeds for the conveyance of land are required by law to be proved or acknowledged in the same state or district, shall and may be recorded in the office where the original copyright is deposited and recorded; and every such deed or instrument that shall in any time hereafter be made and executed, and which shall not be proved or acknowledged and recorded as aforesaid, within sixty days. after its execution, shall be judged fraudulent and void against any subsequent purchaser or mortgagee for valuable consideration without notice. SEC. 2. And be it further enacted, That the clerk of the district court of district court. shall be entitled to such fees for performing the services herein authorized and required, as he is entitled to for performing like services under existing laws of the United States. Fees of clerk STATUTE I. June 30, 1834. Appropriation for rebuilding the frigate Congress. APPROVED, June 30, 1834. CHAP. CLVIII.-An Act to provide for rebuilding the frigate Congress. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the sum of one hundred and eighty-one thousand dollars be, and the same is hereby, appropriated, out of any money in the treasury not otherwise appropriated, to rebuild the frigate Congress; and no part of said sum shall be carried to the surplus fund, notwithstanding any general provision in any other act to the contrary. APPROVED, June 30, 1834. STATUTE I. June 30, 1834. Secretary of Navy to test engine devised by B. Phillips. Other improvements to be test ed, and result reported to Con gress. Appropriation to carry act into execution. CHAP. CLX.—An Act authorizing the Secretary of the Navy to make experiments for the safety of the steam engine. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the Secretary of the Navy be, and he is hereby, authorized and empowered to examine and test the steam engine devised by Benjamin Phillips, of Philadelphia, and to [employ] said Phillips, and such other persons as he may deem proper to make the experiment. SEC. 2. And be it further enacted, That a discretionary power be vested in the Secretary of the Navy to examine and test such other improvements in the same line, as may hereafter be presented, and for that purpose to employ such person or persons as he may deem proper; and that he report to Congress, as soon as may be, the result of any experiment made in pursuance of this act. SEC. 3. And be it further enacted, That, for the purpose of carrying this act into execution, the sum of five thousand dollars, out of any (a) For notes of acts relating to copyrights, see vol. ii. p. 171. money in the treasury not otherwise appropriated, be, and is hereby, appropriated, and placed at the disposal of the Secretary of the Navy. APPROVED, June 30, 1834. CHAP. CLXI.-An Act to regulate trade and intercourse with the Indian tribes, and to preserve peace on the frontiers. (a) STATUTE I. June 30, 1834. Parts of terri States to be deemed Indian Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That all that part of the United tory of United States west of the Mississippi, and not within the states of Missouri and Louisiana, or the territory of Arkansas, and, also, that part of the United States east of the Mississippi river, and not within any state to which the Indian title has not been extinguished, for the purposes of this act, be taken and deemed to be the Indian country. country. Persons trad to be licensed. SEC. 2. And be it further enacted, That no person shall be permitted to trade with any of the Indians (in the Indian country) without a license ing with Indians therefor from a superintendent of Indian affairs, or Indian agent, or sub-agent, which license shall be issued for a term not exceeding two years for the tribes east of the Mississippi, and not exceeding three years for the tribes west of that river. And the person applying for such license shall give bond in a penal sum not exceeding five thousand dol lars, with one or more sureties, to be approved by the person issuing the same, conditioned that such person will faithfully observe all the laws and regulations made for the government of trade and intercourse with the Indian tribes, and in no respect violate the same. And the superintendent of the district shall have power to revoke and cancel the same, whenever the person licensed shall, in his opinion, have transgressed any of the laws or regulations provided for the government of trade and intercourse with the Indian tribes, or that it would be improper to permit him to remain in the Indian country. And no trade with the said tribes shall be carried on within their boundary, except at certain suitable and convenient places, to be designated from time to time by the superintendents, agents, and sub-agents, and to be inserted in the license. And it shall be the duty of the persons granting or revoking such licenses, forthwith to report the same to the commissioner of Indian affairs, for his approval or disapproval. SEC. 3. And be it further enacted, That any superintendent or agent may refuse an application for a license to trade, if he is satisfied that the applicant is a person of bad character, or that it would be improper to permit him to reside in the Indian country, or if a license, previously granted to such applicant, has been revoked, or a forfeiture of his bond decreed. But an appeal may be had from the agent or the superintendent, to the commissioner of Indian affairs; and the President of the United States shall be authorized, whenever in his opinion the public interest may require the same, to prohibit the introduction of goods, or of any particular article, into the country belonging to any Indian tribe, and to direct all licenses to trade with such tribe to be revoked, and all applications therefor to be rejected; and no trader to any other tribe shall, so long as such prohibition may continue, trade with any Indians of or for the tribe against which such prohibition is issued. License may be refused, or, if granted, may be revoked. Forfeiture of SEC. 4. And be it further enacted, That any person other than an Indian who shall attempt to reside in the Indian country as a trader, or to intro- goods and fine for trading withduce goods, or to trade therein without such license, shall forfeit all mer- out license. (a) Notes of the acts for the preservation of peace with the Indian tribes, vol. ii. p. 6. p. 146. VOL. IV.-92 Citizens only to be licensed. Proviso. Foreigners to obtain passports to go into the Indian country. Indians only to barter with Indians. No other per sons dians than In to in their limits. Cattle not to be driven for forage on Indian lands. chandise offered for sale to the Indians, or found in his possession, and shall moreover forfeit and pay the sum of five hundred dollars. SEC. 5. And be it further enacted, That no license to trade with the Indians shall be granted to any persons except citizens of the United States: Provided, That the President shall be authorized to allow the employment of foreign boatmen and interpreters, under such regulations as he may prescribe. SEC. 6. And be it further enacted, That if a foreigner shall go into the Indian country without a passport from the War Department, the superintendent, agent, or sub-agent of Indian affairs, or from the officer of the United States commanding the nearest military post on the frontiers, or shall remain intentionally therein after the expiration of such passport, he shall forfeit and pay the sum of one thousand dollars; and such passport shall express the object of such person, the time he is allowed to remain, and the route he is to travel. SEC. 7. And be it further enacted, That if any person other than an Indian shall, within the Indian country, purchase or receive of any Indian, in the way of barter, trade, or pledge, a gun, trap, or other article commonly used in hunting, any instrument of husbandry or cooking utensils of the kind commonly obtained by the Indians in their intercourse with the white people, or any other article of clothing, except skins or furs, he shall forfeit and pay the sum of fifty dollars. SEC. 8. And be it further enacted, That if any person, other than an Indian, shall, within the limits of any tribe with whom the United States shall have existing treaties, hunt, or trap, or take and destroy, any peltries or game, except for subsistence in the Indian country, such person shall forfeit the sum of five hundred dollars, and forfeit all the traps, guns, and ammunition in his possession, used or procured to be used for that purpose, and peltries so taken. SEC. 9. And be it further enacted, That if any person shall drive, or otherwise convey any stock of horses, inules, or cattle, to range and feed on any land belonging to any Indian or Indian tribe, without the consent of such tribe, such person shall forfeit the sum of one dollar for each animal of such stock. SEC. 10. And be it further enacted, That the superintendent of Indian affairs, and Indian agents and sub-agents, shall have authority to remove Intruders may from the Indian country all persons found therein contrary to law; and the President of the United States is authorized to direct the military force to be employed in such removal. be removed. Settlers may be driven off by military force. Purchases or SEC. 11. And be it further enacted, That if any person shall make a settlement on any lands belonging, secured, or granted by treaty with the United States to any Indian tribe, or shall survey or shall attempt to survey such lands, or designate any of the boundaries by marking trees, or otherwise, such offender shall forfeit and pay the sum of one thousand dollars. And it shall, moreover, be lawful for the President of the United States to take such measures, and to employ such military force, as he may judge necessary to remove from the lands as aforesaid any such person as aforesaid. SEC. 12. And be it further enacted, That no purchase, grant, lease, or grants from In- other conveyance of lands, or of any title or claim thereto, from any Indian nation or tribe of Indians, shall be of any validity in law or equity, unless the same be made by treaty or convention entered into pursuant to the constitution. And if any person, not employed under the authority of the United States, shall attempt to negotiate such treaty or convention, directly or indirectly, to treat with any such nation or tribe of Indians, for the title or purchase of any lands by them held or claimed, such person shall forfeit and pay one thousand dollars: Provided, nevertheless, That it shall be lawful for the agent or agents of any state who may be present at any treaty held with Indians under the authority of the United States, in the presence and with the approbation of the commissioner or commis dians invalid. Proviso. |