Which sum, if required, shall be expended under the direc

tion of the Secretary of War, conformably,

&c.

STATUTE II. Feb. 22, 1838. Act of March 3, 1837, ch. 34.

Treasury, to defray any expenses which have been or may be incurred in protecting the northern frontier of the United States, by calling out, under the direction of the President of the United States, any part of the militia or volunteers, according to the provisions of the Constitution and laws; which sum, if required, shall be expended under the direction of the Secretary of War, conformably to the provisions of the act of Congress of January second, seventeen hundred and ninety-five; of the act of April fifth, eighteen hundred and thirty-two, making appropriations for the support of the army; and of the act of March nineteenth, eighteen hundred and thirty-six, providing for the payment of volunteers and militia corps in the service of the United States. APPROVED, January 30, 1838.

CHAP. XII.—An Act to abolish the Circuit Court at Huntsville in the State of
Alabama and for other purposes.

Be it enacted by the Senate and House of Representatives of the Act of March United States of America in Congress assembled, That the Circuit Court of the United States, established at Huntsville in the State of Alabama, by the act of Congress of the third of March, eighteen hundred and thirty-seven, entitled "An act supplementary to the act entitled 'An act to amend the judicial system of the United States,'" be, and the same is hereby abolished.

3, 1839, ch. 81. The Circuit Court U. S. established at Huntsville by act 3d March, 1837, abolished. The jurisdiction which belonged to the Dist. Court U. S., of N. Dist.

of Ala., at and before the pass

age of act 3d March, 1837, restored, &c.

SEC. 2. And be it further enacted, That all the jurisdiction which belonged to the District Court of the United States, for the northern district of the State of Alabama, at Huntsville, at and before the passage of the said act of Congress of the third of March, eighteen hundred and thirty-seven, be and the same is hereby restored to and vested again in the said District Court, and every act of Congress upon which the jurisdiction of the said District Court depended at and before the passage of the said act of Congress of the third of March eighteen hundred and thirty-seven, is hereby revived, so far as such act or acts gave jurisdiction as the same existed at the time aforesaid, in the said District Court.

SEC. 3. And be it further enacted, That all causes at law or in equity, pending in the said Circuit Court at Huntsville, shall be transferred to the said District Court at Huntsville, and shall be proceeded in and be determined by the said District Court in the same manner as if they had been originally commenced in the said District Court; and it shall be the duty of the clerk of the said Circuit Court to deliver to the clerk of the said District Court, the original papers in all such causes, together with the record of all the proceedings had in the said Circuit Court: Provided, That the first term for the trial of the causes hereby transferred shall be the term of the said District Court which will be commenced on the third Monday in May eighteen hundred and thirty-eight.

SEC. 4. And be it further enacted, That the terms of the said District Court shall be held at the said town of Huntsville, twice in each year, on the third Monday in May, and the fourth Monday in November, annually.

SEC. 5. And be it further enacted, That appeals and writs of error shall lie from the said District Court to the Circuit Court of the United States at Mobile, in the State of Alabama.

SEC. 6. And be it further enacted, That all process, bail bonds, and recognizances returnable to the Circuit Court of the United States at Huntsville aforesaid, shall be returnable and returned to the District Court, next held under this act, in the same manner as if so made returnable on the face thereof, and shall have full effect accordingly.

APPROVED, February 22, 1838.

CHAP. XIII.—An Act to amend an act entitled “An act for the appointment of commissioners to adjust the claims to reservations of land under the fourteenth article of the treaty of eighteen hundred and thirty with the Choctaw Indians." Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the commissioners provided for in the act hereby amended, or a majority of them, shall have full power and authority to adjourn their sessions to such place or places, within the State of Mississippi, as in their judgment the interest of the Government and of the claimants may require such sessions to be held.

SEC. 2. And be it further enacted, That in case of the death, resignation, or absence of any one of the said commissioners, the remaining two commissioners shall have full power and authority to proceed and execute the powers given by this act or the act hereby amended. SEC. 3. And be it further enacted, That the said commissioners shall have all the powers of a court of record, for the purpose of compelling the attendance of witnesses, administering oaths, touching matters depending before them, preserving order, and punishing contempts; and shall have power to make all needful rules for the regulation of the proceedings before them, as well as to employ one or more interpreters, and one or more agents to collect testimony for the United States. SEC. 4. And be it further enacted, That for defraying the contingent expenses of the said commission, the sum of five thousand dollars be, and the same is hereby, appropriated, out of any money in the Treasury not otherwise appropriated.

SEC. 5. And be it further enacted, That the said act shall be and remain in force until the first day of August next.

SEC. 6. And be it further enacted, by the authority aforesaid, That the compensation to be made to the district attorney for his services, shall be equal to the compensation allowed to a commissioner under the act hereby amended.

SEC. 7. And be it further enacted, That nothing contained in this act, or the act which this is intended to amend, shall be so construed as to embrace the claim of any Indian or head of a Choctaw family, who has removed west of the Mississippi river.

SEC. 8. And be it further enacted, That if it shall be proved to the satisfaction of said commissioners that any claimant has attempted, or shall attempt to substitute the child of any other Indian as and for his own, or has attempted or shall attempt, by his testimony, to substitute for the child of any other claimant, the child of another Indian, the name of such claimant so attempting to make such substitution, shall be stricken from the list of claimants. APPROVED, February 22, 1838.

CHAP. XIV.-An Act to prevent the abatement of suits and actions now pending, March 2, 1838. in which the late Bank of the United States may be a party.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That no suit, action, judgment or decree, now pending and unsatisfied, in which the late Bank of the United States is a party, plaintiff or defendant, shall abate, or be discontinued or dismissed, by reason of the expiration of the two years after the expiration of the charter, limited by the twenty-first section of the act of incorporation of the said bank, for the use of the corporate name, style, and capacity of said bank, for the purpose of suits for the final settlement and liquidation of the affairs and accounts of the corporation; but all such suits, actions, judgments and decrees.

No suit, &c.,

in which the

late Bank of the

U. S. is a party, shall abate, &c.. by reason of the

expiration of the two

years after

the expiration of

the charter.

STATUTE II. March 10, 1838. [Expired.]

Act of April

20, 1818, ch. 88.

Collectors, &c. required to seize

tion against any

shall be allowed to proceed to final judgment, execution, satisfaction
and settlement, as if the said two years had not expired.
APPROVED, March 2, 1838.

CHAP. XV.-An Act to change the time of holding the terms of the Circuit Court of the United States for the eastern district of Virginia, and of the District Court of the United States for the eastern district of Virginia, directed by law to be held in the city of Richmond. (a)

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, hereafter, the spring term of the circuit court of the United States for the eastern district of Virginia shall commence on the eighteenth day of May, and the fall term on the eighteenth of November, in each year, instead of the twenty-second of May and the twenty-second of November, as is now provided by law.

SEC. 2. And be it further enacted, That the terms of the district court of the United States for the eastern district of Virginia, which are now directed by law to commence on the fifteenth day of May and the fifteenth [day] of November, in each year, shall hereafter commence on the twelfth day of May and the twelfth day of November, in each year: Provided, nevertheless, That, whenever the day on which the terms of either of the said circuit or district court, as herein provided for, shall happen to be Sunday, then the term of said court shall commence on the following day.

SEC. 3. And be it further enacted, That all proceedings and process depending in or issuing out of either of the said courts, which are or may be made returnable to any other time appointed for holding the same than that above specified, shall be deemed legally returnable on the days hereinbefore prescribed, and not otherwise. And all suits and other proceedings in either of the said courts which stand continued to any other time than that above specified, shall be deemed continued to the time prescribed by this act, and no other. APPROVED, March 2, 1838.

CHAP. XXXI.—An Act supplementary to an act entitled "An act in addition to the act for the punishment of certain crimes against the United States, and to repeal the acts therein mentioned,” approved twentieth of April, eighteen hundred and eighteen.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the several collectors, naval officers, surveyors, inspectors of customs, the marshals, any vessel, &c. which may be and deputy marshals of the United States, and every other officer who provided for any may be specially empowered for the purpose by the President of the military expedí- United States, shall be, and they are hereby respectively authorized and foreign Prince, required to seize and detain any vessel or any arms or munitions of war &c. contermin- which may be provided or prepared for any military expedition or enterous and at peace prise against the territory or dominions of any foreign Prince or State, with the U. S. or of any colony, district or people conterminous with the United States, and with whom they are at peace, contrary to the sixth section of the act passed on the twentieth of April, eighteen hundred and eighteen, entitled "An act in addition to the act for the punishment of certain crimes against the United States, and to repeal the acts therein mentioned," and retain possession of the same until the decision of the President be had thereon, or until the same shall be released as hereinafter directed.

(a) See notes of the acts relating to the District Court of Virginia, vol. 3, 478.

SEC. 2. And be it further enacted, That the several officers mentioned in the foregoing section shall be, and they are hereby respectively authorized and required to seize any vessel or vehicle, and all arms or munitions of war, about to pass the frontier of the United States for any place within any foreign State or colony, conterminous with the United States, where the character of the vessel or vehicle, and the quantity of arms and munitions, or other circumstances shall furnish probable cause to believe that the said vessel or vehicle, arms, or munitions of war are intended to be employed by the owner or owners thereof, or any other person or persons, with his or their privity, in carrying on any military expedition or operations within the territory or dominions of any foreign prince or State, or any colony, district, or people conterminous with the United States, and with whom the United States are at peace, and detain the same until the decision of the President be had for the restoration of the same, or until such property shall be discharged by the judgment of a court of competent jurisdiction: Provided, That nothing in this act contained shall be construed to extend to, or interfere with any trade in arms or munitions of war, conducted in vessels by sea, with any foreign port or place whatsoever, or with any other trade which might have been lawfully carried on before the passage of this act, under the law of nations and the provisions of the act hereby amended.

SEC. 3. And be it further enacted, That it shall be the duty of the officer making any seizure under this act, to make application, with due diligence, to the district judge of the district court of the United States within which such seizure may be made, for a warrant to justify the detention of the property so seized; which warrant shall be granted only on oath or affirmation, showing that there is probable cause to believe that the property so seized is intended to be used in a manner contrary to the provisions of this act; and if said judge shall refuse to issue such warrant, or application therefor shall not be made by the officer making such seizure within a reasonable time, not exceeding ten days thereafter, the said property shall forthwith be restored to the owner. But if the said judge shall be satisfied that the seizure was justified under the provisions of this act, and issue his warrant accordingly, then the same shall be detained by the officer so seizing said property, until the President shall order it to be restored to the owner or claimant, or until it shall be discharged in due course of law, on the petition of the claimant, as hereinafter provided.

SEC. 4. And be it further enacted, That the owner or claimant of any property seized under this act, may file his petition in the circuit or district court of the United States, in the district where such seizure was made, setting forth the facts in the case; and thereupon such court shall proceed, with all convenient despatch, after causing due notice to be given to the district attorney and officer making such seizure, to decide upon the said case, and order restoration of the property, unless it shall appear that the seizure was authorized by this act: and the circuit and district courts shall have jurisdiction, and are hereby vested with full power and authority, to try and determine all cases which may arise under this act; and all issues in fact arising under it, shall be decided by a jury, in the manner now provided by law.

SEC. 5. And be it further enacted, That whenever the officer making any seizure under this act shall have applied for and obtained a warrant for the detention of the property, or the claimant shall have filed a petition for its restoration, and failed to obtain it, and the property so seized shall have been in the custody of the officer for the term of three calendar months from the date of such seizure, it shall and may be lawful for the claimant or owner to file with the officer a bond to the amount of double the value of the property so seized and detained,

tition, and it

shall have been

detained three months, the

claimant may

with at least two sureties, to be approved by the judge of the circuit or district court, with a condition that the property, when restored, shall not be used or employed by the owner or owners thereof, or by any other person or persons with his or their privity, in carrying on any file a bond, &c. military expedition or operations within the territory or dominions of any foreign prince or State, or any colony, district, or people, conterminous with the United States, with whom the United States are at peace; and thereupon the said officer shall restore such property to the owner or claimant thus giving bond: Provided, That such restoration shall not prevent seizure from being again made, in case there may exist fresh cause to apprehend a new violation of any of the provisions of this act.

Proviso.

Persons admitted to bail shall give additional security not to violate the provisions of the act hereby amended.

The President

authorized to
direct the judge,
&c. to attend at

such place with
in the district as
he may desig.
nate, for the
more speedy ar-
rest and exami-
nation of per-
sons charged,
&c.

The President, &c. may employ the land or naval forces, &c. to prevent the violation, &c. of this act, &c.

This act limit

SEC. 6. And be it further enacted, That every person apprehended and committed for trial, for any offence against the act hereby amended, shall, when admitted to bail for his appearance, give such additional security as the judge admitting him to bail may require, not to violate, nor to aid in violating, any of the provisions of the act hereby amended. SEC. 7. And be it further enacted, That whenever the President of the United States shall have reason to believe that the provisions of this act have been, or are likely to be violated, that offences have been, or are likely to be, committed against the provisions of the act hereby amended, within any judicial district, it shall be lawful for him, in his discretion, to direct the judge, marshal, and district attorney, of such district, to attend at such place within the district, and for such time, as he may designate, for the purpose of the more speedy and convenient arrest and examination of persons charged with the violation of the act hereby amended; and it shall be the duty of every such judge, or other officer, when any such requisition shall be received by him, to attend at the place and for the time therein designated.

SEC. 8. And be it further enacted, That it shall be lawful for the President of the United States, or such person as he may empower for that purpose, to employ such part of the land or naval forces of the United States, or of the militia, as shall be necessary to prevent the violation, and to enforce the due execution, of this act, and the act hereby amended.

SEC. 9. And be it further enacted, That this act shall continue in ed to two years. force for the period of two years, and no longer.

STATUTE II. March 10, 1838. [Obsolete.]

ated.

APPROVED, March 10, 1838.

CHAP. XXXII.-An Act making appropriations for the payment of the Revolu tionary and other pensioners of the United States, for the year one thousand eight hundred and thirty-eight.

Be it enacted by the Senate and House of Representatives of the United The following States of America in Congress assembled, That the following sums be, sums appropri and the same are hereby, appropriated, in addition to former appropriations, to be paid out of any money in the Treasury not otherwise appropriated, for the pensioners of the United States, for the year one thousand eight hundred and thirty-eight:

For Revolu

ers.

For the Revolutionary pensioners, under the several acts, other than tionary pension those of the fifteenth of May, one thousand eight hundred and twentyeight; the seventh of June, one thousand eight hundred and thirty-two; and the fourth of July, one thousand eight hundred and thirty-six, four hundred and twenty-six thousand seven hundred and seventy-two dollars;

For invalid pensioners.

For pensions to widows and orphans.

For the invalid pensioners, under various laws, one hundred and thirty-four thousand and seventy-five dollars and sixty-two cents;

For pensions to widows and orphans, under the act of the fourth of July, one thousand eight hundred and thirty-six, one million four hundred and ninety-two thousand six hundred and eighty-five dollars;