chief justice, on petition, to hear and determine all such appeals, and SEC. 13. And be it further enacted, That there be paid annually, CHAP. LXXXIX. - An Act giving to the President of the United States additional powers for the defence of the United States, in certain cases, against invasion, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the United States be, and he hereby is, authorized to resist any attempt on the part of Great Britain, to enforce, by arms, her claim to exclusive jurisdiction over that part of the State of Maine which is in dispute between the United States and Great Britain; and for that purpose, to employ the naval and military forces of the United States and such portions of the militia as he may deem it advisable to call into service. Commissioner may make regting contested cases. ulations respec Compensation of chief justice. STATUTE III. March 3, 1839. [Expired.] Disputed territory in Maine. called into ser vice. SEC. 2. And be it further enacted, That the militia when called into Militia, when the service of the United States by virtue of this act, or of the act entitled "An act to provide for calling forth the militia to execute the laws of the Union, suppress insurrections, repel invasions, and to 1795, ch. 36. repeal the act now in force for these purposes," may, if in the opinion of the President of the United States the public interest require it, be compelled to serve for a term not exceeding six months after the arrival at the place of rendezvous, in any one year unless sooner discharged. SEC. 3. And be it further enacted, That in the event of actual invasion of the territory of the United States by any foreign power, or if imminent danger of such invasion discovered, in his opinion, to exist before Congress can be convened to act upon the subject, the President be, and he is hereby, authorized if he deem the same expedient, to ac In event of actual invasion, &c. Act of 1836, ch. 80. The President authorized to complete the public armed vessels now authorized, &c. Appropriation. Proviso. Outfit, &c. of special minister to Gr. Britain. Proviso. President authorized to apply $1,000,000 to repairing fortifications, &c. Militia or volunteers, when called into ser vice of the United States, &c. To continue in force until, &c. STATUTE III. Iowa and Wis- becoming laws, to be approved by the govern'r. cept the services of any number of volunteers not exceeding fifty thousand, in the manner provided for by an act entitled "An act authorizing the President of the United States to accept the service of volunteers and to raise an additional regiment of dragoons or mounted riflemen, approved May twenty-third, eighteen hundred and thirty-six." SEC. 4. And be it further enacted, That in the event of either of the contingencies provided for in this act the President of the United States shall be authorized to complete the public armed vessels now authorized by law, and to equip, man, and employ, in actual service, all the naval force of the United States, and to build, purchase, or charter, arm, equip, and man, such vessels and steamboats on the Northern lakes and rivers, whose waters communicate with the United States and Great Britain as he shall deem necessary to protect the United States from invasion from that quarter. SEC. 5. And be it further enacted, That the sum of ten millions of dollars is hereby appropriated, and placed at his disposal for the purpose of executing the provisions of this act; to provide for which the Secretary of the Treasury is authorized to borrow money on the credit of the United States, and to cause to be issued certificates of stock signed by the Register of the Treasury, for the sum to be borrowed, or any part thereof; and the same to be sold upon the best terms that may be offered after public notice for proposals for the same: Provided, That no engagement or contract shall be entered into which shall preclude the United States from reimbursing any sum or sums thus borrowed after the expiration of five years from the first of January next; and that the rate of interest shall not exceed five per cent., payable semi-annually. SEC. 6. And be it further enacted, That the sum of eighteen thousand dollars be, and the same is hereby, appropriated out of any money in the Treasury, not otherwise appropriated, for outfit and salary of a special minister to Great Britain: Provided, The President of the United States shall deem it expedient to appoint the same. SEC. 7. And be it further enacted, That in the event of either of the contingencies provided for in the first and third sections of this act, the President of the United States shall be authorized to apply a part not exceeding one million of dollars of the appropriation made in this act to repairing or arming fortifications along the seaboard and frontier. SEC. 8. And be it further enacted, That whenever militia or volunteers are called into the service of the United States they shall have the organization of the army of the United States, and shall receive the same pay and allowances. SEC. 9. And be it further enacted, That the several provisions of this act shall be in force until the end of sixty days after the meeting of the first session of the next Congress, and no longer. APPROVED, March 3, 1839. СНАР. ХС. - An Act to alter and amend the organic law of the Territories of Wisconsin and Iowa. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That every bill which shall have passed the Council and House of Representatives of the Territo ries of Iowa and Wisconsin shall, before it become a law, be presented to the Governor of the Territory; if he approve he shall sign it, but if not he shall return it, with his objections, to that House in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it. If, after such reconsideration, two thirds of that House shall agree to pass the bill, it shall be sent, together with the objections, to the other House, by which it shall likewise be reconsidered; and if approved by two thirds of that House it shall become a law. But, in all such cases, the votes of both Houses shall be determined by yeas and nays; and the names of the persons voting for and against the bill shall be entered on the journal of each House respectively. If any bill shall not be returned by the Governor within three days (Sundays excepted) after it shall have been presented to him, the same shall be a law in like manner as if he had signed it, unless the Assembly by adjournment prevent its return, in which case it shall not be a law. Limitation of SEC. 2. And be it further enacted, That this act shall not be so construed as to deprive Congress of the right to disapprove of any law the act. passed by the said Legislative Assembly, or in any way to impair or alter the power of Congress over laws passed by said Assembly. APPROVED, March 3, 1839. STATUTE III. CHAP. XCI.—An Act to define and establish the eastern boundary line of the Ter- March 3, 1839. ritory of Iowa. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the middle or centre of the main channel of the river Mississippi shall be deemed, and is hereby declared, to be the eastern boundary line of the Territory of Iowa, so far or to such extent as the said Territory is bounded eastwardly by or upon said river: Provided, however, That the said Territory of Iowa shall have concurrent jurisdiction upon the said Mississippi river with any other conterminous State or Territory so far or to such extent as the said river shall form a common boundary between the aforesaid Territory of Iowa and any other such conterminous State or Territory. APPROVED, March 3, 1839. Eastern boundary of Iowa. Proviso. STATUTE III. CHAP. XCII—An Act to authorize the election or appointment of certain officers in March 3, 1839. the Territory of Iowa, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Legislative Assembly of the Territory of Iowa shall be, and are hereby, authorized to provide by law for the election or appointment of sheriffs, judges of probate, justices of the peace, and county surveyors, within the said Territory, in such way or manner, and at such times and places as to them may seem proper; and after a law shall have been passed by the Legislative Assembly for that purpose, all elections or appointments of the above-named officers thereafter to be had or made shall be in pursuance of such law. SEC. 2. And be it further enacted, That the term of service of the present Delegate for said Territory of Iowa shall expire on the twentyseventh day of October, eighteen hundred and forty; and the qualified electors of said Territory may elect a Delegate to serve from the said twenty-seventh day of October to the fourth day of March thereafter, at such time and place as shall be prescribed by law by the Legislative Assembly, and thereafter a Delegate shall be elected, at such time and place as the Legislative Assembly may direct, to serve for a Congress, as members of the House of Representatives are now elected. APPROVED, March 3, 1839. Legislative As sembly of Iowa authorized to provide by law for the election of sheriffs, &c. Election of delegate. STATUTE III. CHAP. XCIII.-An Act making appropriations for preventing and suppressing In- March 3, 1839. dian hostilities, for the year eighteen hundred and thirty-nine. [Obsolete.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following Appropriation. sums, amounting to one million eight hundred and four thousand seven hundred and seventy-four dollars, be, and the same are hereby, appropriated, out of any money in the Treasury not otherwise appropriated, to defray the expenses which have been, or may be, incurred, in preventing or suppressing the hostilities of any Indians, in the year eighteen How to be ex- hundred and thirty-nine; to be expended under the direction of the pended. Secretary of War, conformably to the acts of Congress of the nineteenth of March and the second of July, eighteen hundred and thirtysix, and of the acts therein referred to: 1836, ch. 43. 1836, ch. 254. Forage. Freight, &c. Purchase of wagons, &c. Transportation. Hire of mechanics, &c. Transportation of militia or vo lunteers. Miscellaneous. Accoutrements, &c. Pay of militia and volunteers. For forage for the horses of the second dragoons, mounted volunteers and militia officers entitled to forage in kind, and for horses, mules, and oxen, in the service of trains, three hundred and ninety-two thousand eight hundred and thirty-one dollars; For freight or transportation of military supplies of every description from the places of purchase to Florida, two hundred and fifty-four thousand six hundred and twenty-eight dollars; For the purchase of wagons, harness, boats and lighters, horses to keep up the trains, tools, leather and other materials for repairs, ninetytwo thousand dollars; For the transportation of supplies from the principal depots to the several posts, as well as troops, when they move by water, including hire of steamboats and other vessels for the service in the rivers and on the coasts, and the expenses of maintaining and sailing the several steamers and transport schooners connected with the operations of the army, three hundred thousand dollars; For the hire of mechanics, laborers, mule-drivers, teamsters, and other assistants, including their subsistence, and for soldiers on extra duty, conformably to law, one hundred thousand dollars; For the transportation of the militia or volunteers while marching to and from the scene of operations, thirty thousand dollars; For miscellaneous expenses of all kinds, not embraced under the foregoing heads, and which, from their contingent character, cannot be specified, four hundred thousand dollars; For accoutrements and arms for infantry and cavalry, including militia infantry and cavalry, ammunition for men and field artillery, and repairs of arms, and for contingencies, seventy-one thousand dollars; For the pay of such militia and volunteers as may have been or may be called into the service of the United States, in addition to the unexpended balance of the appropriation for the payment of four thousand volunteers, for the year eighteen hundred and thirty-eight, one hundred and fourteen thousand three hundred and fifteen dollars; Treaty with For the purpose of holding a treaty with the Seminole Indians, five the Seminoles. thousand dollars; Vessels to cruise along the coast of Florida. Paying value of horses and equipage of Tennessee and other volunt'rs. Value, how to be ascertained. All acts since 1812, authoriz. ing payment for horses, revived and extended for two years. For the purchase and maintaining in active service three vessels of light draught of water, to cruise along the coast of Florida, for the protection of the lives and property of the citizens, fifty thousand dollars; For paying the value of the horses and equipage of the Tennessee and other volunteers who have at any time been in the service of the United States in the Territory of Florida, and which were turned over to the Government, by the order of the commanding general or other commanding officer, said value to be ascertained by the appraisement of said value when the volunteers entered the service, fifty-two thousand dollars. And the provisions of acts approved and in force at various periods since eighteen hundred and twelve, authorizing payment for horses lost in the service of the United States by rangers, militia, and volunteers, are hereby revived and extended for two years from and after the passage of this act, and under the action of the Third Auditor, shall be deemed to embrace all cases not already satisfied, of horses lost to their owners in service as aforesaid, in battle or otherwise, when care and diligence be rendered manifest on the part of the owner; and if the death or loss of rangers' horses shall have occurred for want of forage, it be at places where, acting in obedience to the orders of commanding officers, forage could not have been procured by proper vigilance on the part of the owner: No payment however shall be made for horses or other property lost or destroyed, when the loss or destruction shall have been occasioned by the fault or neglect of the owner, or where by the terms of the contract, the risk was upon the owner of the property: and no greater sum of money than the fifty-two thousand dollars appropriated by this section, shall be drawn from the Treasury by reason of its provisions. SEC. 2. And be it further enacted, That no part of the money appropriated by this act shall be applied to the payment of any volunteers, except for arrearages, or for any expenses growing out of the employment of any volunteers for the year eighteen hundred and thirty-eight. APPROVED, March 3, 1839. No money appropriated by applied, &c. this act to be STATUTE III. CHAP. XCIV. An Act making appropriations for the support of the army for the March 3, 1839. year one thousand eight hundred and thirty-nine. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums be, and the same are hereby, appropriated, to be paid out of any money in the Treasury not otherwise appropriated, for the support of the army during the year one thousand eight hundred and thirty-nine, that is to say: [Obsolete.] For the pay of the army, one million five hundred and thirty-four Pay. thousand eight hundred and thirty-two dollars; For the subsistence of officers, four hundred and seventy thousand seven hundred and fifty-four dollars; For forage of officers' horses, one hundred and eleven thousand one hundred and fifteen dollars; For payments in lieu of clothing to discharged soldiers, and to officers, in lieu of clothing for their servants, fifty-nine thousand four hundred dollars; Subsistence of officers. Forage for offi. cers' horses. Payments in lieu of clothing. Subsistence. For subsistence, exclusive of that of officers, one million one hundred and twenty-two thousand eight hundred and thirty-one dollars; For clothing of the army, camp and garrison equipage, cooking Clothing, &c. utensils, and hospital furniture, four hundred and seventy-three thousand four hundred and thirty-five dollars; For the medical and hospital department, twenty-four thousand four hundred dollars; For the regular supplies furnished by the quartermaster's department, consisting of fuel, forage, straw, stationery, and printing, two hundred and forty-five thousand five hundred dollars; For barracks, quarters, store houses, embracing the repairs and enlargement of barracks, quarters, store houses, and hospitals, at the several posts; the erection of temporary cantonments at such posts as shall be occupied during the year, and of gun houses for the protection of the cannon at the forts on the seaboard; the purchase of the necessary tools and materials for the objects wanted, and of the authorized furniture for the barrack rooms; rent of quarters for officers; of barracks for troops at posts where there are no public buildings for their accommodation; of store houses for the safe keeping of subsistence, clothing, and other military supplies, and of grounds for summer cantonments, encampments, and military practice, one hundred thousand dollars; Medical and hospital depart ment. Supplies by Q. Master's dep't. Barracks, &c. For the allowance made to officers for the transportation of their Transportation baggage, when travelling on duty without troops, sixty thousand dol- of officers' bag lars; gage. |