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pay, in money, except quarters actually provided for and occupied by such officers.
Sec. 3. And be it further enacted, That the office of Commissary Office of Com. General of Purchases, sometimes called Commissary of Purchases, shall Gen. of Pur;
chases abolishbe, and the same is hereby abolished, and the duties thereof shall here- ed. after be performed by the officers of the Quartermaster's department, Duties to be with such of the officers and clerks now attached to the Purchasing de performed by partment as shall be authorized by the Secretary of War, and under such regulations as shall be prescribed by the said Secretary, under the sanction of the President of the United States. Sec. 4. And be it further enacted, That, within one month after the
Offices of Inof this act, the offices of one inspector general, of three passage
paymasters, masters, two surgeons, and ten assistant surgeons of the army shall be &c. abolished. abolished, and that number of paymasters, surgeons and assistant surgeons, shall be discharged by the President, and they shall be allowed three months' pay, in addition to the pay and emoluments to which they may be entitled at the time of their discharge.
Sec. 5. And be it further enacted, That a competent person may be Employment employed by the Ordnance bureau, under the direction of the Secretary of a person to of War, for such time as may be necessary, to superintend the manu- manufacture of facture of iron cannon at the several foundries where such cannon may iron cannon aube made under contracts with the United States, whose pay and emolu- thorized. ments shall not exceed those of a major of ordnance during the time he shall be so employed, to be paid out of the appropriations for armament of fortifications; and for the services rendered in such superintendence since the first day of March, eighteen hundred and forty-one, under the authority of the War Department, the same compensation shall be allowed as herein provided.
Sec. 6. And be it further enacted, That the rations authorized to be Rations allow. allowed to a brigadier while commander-in-chief, and to each officer ed to certain while commanding a separate post, by the act of March third, seven- of the 3d March teen hundred and ninety-seven, and to the commanding officers of each 1797, ch. 16, separate post, by the act of March sixteen, eighteen hundred and two, and 16th March shall hereafter be allowed to the following officers and no others : to hereafier to be the major general commanding the army, and to every officer command- allowed to the ing in chief a separate army, actually in the field ; to the generals com- following offi.
cers only, &c. manding the eastern and western geographical divisions; to the colonels or other officers commanding military geographical departments; to the commandant of each permanent or fixed post, garrisoned with troops, including the superintendent of the military academy at West Point, who is regarded as the commandant of that post. APPROVED, August 23, 1842.
STATUTE II. Chap. CLXXXVII.- An Act to provide for the satisfaction of claims arising un- Aug. 23, 1842.
der the fourteenth and nineteenth arlicles of the treaty of Dancing Rabbit creek,
Acts of 3d States of America in Congress assembled, That the act approved on March 1837, ch. the third of March, eighteen hundred and thirty-seven, entitled “An 39, and 220 act for the appointment of commissioners to adjust the claims to reser- 13, so far as not vations of land under the fourteenth article of the treaty of eighteen repealed or mohundred and thirty, with the Choctaw Indians: and also, the act ap- dified by this proved on the twenty-second day of February, eighteen hundred and act, revived. thirty-eight, entitled * 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,' so far as the same are not rep ed or modified by the provisions of this act,” be, and the same are hereby,
revived and continued in force until the powers conferred by this act
shall be fully executed, subject, nevertheless, to repeal or modification Powers, &c.
by any act of Congress. And all the powers and duties of the comof commission. missioners are hereby extended to claims arising under the nineteenth ers extended. article of the said treaty, and under the supplement to the said treaty,
to be examined in the same manner and with the same effect as in cases Proviso. arising under the fourteenth article of the said treaty: Provided, That
the salary of said Commissioners shall not exceed the rate of two thou
sand five hundred dollars per annum. Commission- Sec. 2. And be it further enacted, That subpænas for the attenders may issue ance of witnesses before the said commissioners, and process to compel subpænas, &c. such attendance may be issued by the said commissioners, or any two
of them, under their seals in the same manner and with the same effect
as if issued by courts of record, and may be executed by the marshal Marshals, &c. of any district, or by any sheriff
, deputy sheriff or other peace officer may execute
designated by the said commissioners, who shall receive for such serprocess,
&c.their fees. vices the same fees as are allowed in the district court of the United
States for the district in which the same shall be rendered for similar services, to be paid, on the certificate of the commissioners, out of the contingent fund appropriated by the fourth section of the act secondly
above recited, which was approved on the twenty-second day of Feb1838, ch. 13.
ruary, one thousand eight hundred and thirty-eight, and which is reProviso. vived by this act: Provided, That nothing herein contained shall be
construed to revive such portion of the act approved the third day of 1837, ch. 39.
March, one thousand eight hundred and thirty-seven, referred to in the first section of this act, as provides for the employment and pay of the
district attorney of either of the districts of the State of Mississippi. Conditions, up- Sec. 3. And be it further enacted, That when the said commissioners on proof of the shall have ascertained that any Choctaw has complied or offered to performance of which, any,
comply with all the requisites of the fourteenth article of the said treaty, Choctaw shall to entitle him to any reservation under that article, which requisites are be entitled to a as follows, to wit: that said Choctaw Indian did signify his or her inpatent.
tention to the agent, in person, or by some person duly authorized and especially directed, by said Indian, to signify the intention of said Indian to become a citizen of the State, within six months from the date of the ratification of the said treaty, and had his or her name, within the time of six months aforesaid, enrolled on the register of the Indian agent aforesaid, for that purpose; or shall prove, to the entire satisfaction of the said commissioners and to the Secretary of War, that he or she did signify his or her intention, within the term of six months from the date of the ratification of the treaty aforesaid, if his or her name was not enrolled in the register of the agent aforesaid, but was omitted by said agent; and, secondly, that said Indian did, at the date of making said treaty, to wit, on the twenty-seventh day of September, eighteen hundred and thirty, have and own an improvement in the then Choctaw country; and that, having and owning an improvement, at the place and time aforesaid, did reside upon that identical improvement, or a part of it, for the term of five years continuously, next after the ratification of said treaty, to wit, from the twenty-fourth of February, eighteen hundred and thirty-one, to the twenty-fourth of February, eighteen hundred and thirty-six, unless it shall be made to appear that such improvement was, before the twenty-fourth day of February, eighteen hundred and thirty-six, disposed of by the United States, and that the reservee was dispossessed by means of such disposition; and, thirdly, that it shall be made to appear, to the entire satisfaction of said commissioners, and to the Secretary of War, that said Indian did not receive any other grant of land under the provisions of any other article of said treaty; and, fourthly, that it shall be made to appear, in like manner, that said Indian did not remove to the Choctaw country west of the Mississippi
river, but he or she had continued to reside within the limits of the country ceded by the Choctaw Indians to the United States, by said treaty of twenty-seventh September, in the year eighteen hundred and thirty, it shall be the duty of said commissioners, if all and each of the above requisites shall be made clearly to appear to their satisfaction, and the Secretary of War shall concur therein, to proceed to ascertain the quantity of land to which said Indian, by virtue of the fourteenth article of said treaty, is entitled to, which, when ascertained, shall be located for said Indian, according to sectional lines, so as to embrace the improvement, or a part of it, owned by said Indian at the date of said treaty; and it shall be the duty of the President of the United States to issue a patent to said Indian for said land, if he or she be living, and if not, to his or her heirs and legal representatives; and in like manner shall the commissioners aforesaid ascertain the quantity of Quantity due land granted by said article to each child of said Indian, according to to each child of the limitations contained in said article, and locate said quantity, for said Indian to said children, contiguous to and adjoining the improvement of the pa- in like manner, rent of such child or children; and the President shall issue a patent &c. for each tract of land thus located, to said Indian child, if living, and if not, to the heirs and legal representatives of such Indian child." But IF U. S. have if the United States shall have disposed of any tract of land, to which disposed of land any Indian was entitled, under the provisions of said fourteenth article Indian was en. of said treaty, so that it is now impossible to give said Indian the quan- titled, &c., the tity to which he was entitled, including his improvements, as aforesaid, commissioners or any part of it, or to his children, on the adjoining lands, the said other land. commissioners shall thereupon estimate the quantity to which each Indian is entitled, and allow him or her, for the same, a quantity of land equal to that allowed, to be taken out of any of the public lands in the States of Mississippi, Louisiana, Alabama, and Arkansas, subject to
Certificates for entry at private sale; and certificates to that effect shall be delivered,
the land, how under the direction of the Secretary of War, through such agent as he to be given. may select, not more than one half of which shall be delivered to said Indian until after his removal to the Choctaw territory west of the Mississippi river. The said commissioners shall also ascertain the Choc- Commission taws, if any, who relinquished or offered to relinquish any reservations ers shall ascer. to which he was entitled under the nineteenth article of the said treaty, laws who relinor whose reservations under that article had been sold by the United quished reservaStates; and shall also determine the quantity to which such claimant tions under the was entitled; and the quantity of land which should be allowed him on and determine, extinguishment of such claim, at the rate of two fifths of an acre for &c. every acre of the land to which said claimant was entitled, said land having been estimated under this article at fifty cents per acre: Provided, nevertheless, That no claim shall be considered or allowed by Proviso. said commissioners, for or in the name or behalf of any Indian claimant whose name does not appear upon the lists or registers of claimants made by Major Armstrong, special agent for that purpose, in conjunction with the three chiefs of the three Choctaw districts, and returned to the Department of War in January, eighteen hundred and thirtytwo, and who does not appear from those registers to be entitled to a reservation under said nineteenth article.
Sec. 4. And be it further enacted, That the said commissioners, with- Commission. in two years from the time of their entering upon the duties of their ers to report offices, and as often as shall be required by the President of the United ings, &c. to the States, shall report to him their proceedings in the premises, with a full President, and perfect list of names of all the Choctaws whom they shall have determined to be entitled to reservations under this act; the quantity of land to which each shall be so entitled, the number of claims which can be located according to the provisions of the fourth section of this act, and such as cannot be located according to the provisions of the fourth
Powers, &c. section of this act; and the powers and duties of the said commisof the commis. sioners shall cease at the expiration of two years from the time of the sioners, when
first organization of the board; and their proceedings may be terminated by the President at any time previous to the expiration of the said
two years. Commission- Sec. 5. And be it further enacted, That the commissioners to be apers to determine pointed under this act shall also ascertain and determine the quantity the supplement of land to which any Choctaw or other person named in the supplement to the treaty. to the said treaty of Dancing Rabbit creek was entitled by virtue there
of, and which such person has by any means been prevented from re
ceiving Upon approval Sec. 6. And be it further enacted, That if the President of the by the Presid't, United States shall approve and confirm the determination of the comshall be deliver. missioners heretofore appointed to investigate the claims existing under ed to claimant, the fourteenth article of the said treaty of Dancing Rabbit creek, in if a Choctaw.
any case, he shall cause to be delivered to the claimant, if he be a Choctaw Indian, his legal representatives or heirs, certificates, as provided by the fourth section of this act, for the quantity of land to which such
claimant shall appear, by such determination, to have been entitled, in Proviso.
full satisfaction and discharge of such claim: Provided, Such determi
nation was made by adhering, in every instance, to the requisites conProviso.
tained in the fourth section of this act: And provided, also, That said claims, nor either of them, cannot now be located, according to the pro
visions of the fourth section of this act. Accounts to be Sec. 7. And be it further enacted, That distinct accounts shall be kept of the cer- kept of the certificates issued in satisfaction of the claims provided for lificates, &c.
by this act, and of all expenses attending the execution of the same; and amount re. tained from dis. and the amount thereof shall be retained and withheld from any distritribution to the bution to the States. Siales. Claims of
Sec. 8. And be it further enacted, That nothing in this act conwhite men with tained shall be so construed as to authorize the said commissioners to Indian families. adjudicate any claim which may be presented by a white man who may Patents to be
have had, or now has, an Indian wife or family; and any patent to land, issued, how.
which shall issue on any Indian claim, under the provisions of the treaty aforesaid, shall be issued to the Indian to whom the claim was allowed, if living, and if dead, to his or her heirs and legal representatives, any
act of Congress, or usage, or custom, to the contrary notwithstanding. No claim to be Sec. 9. And be it further enacted, That no claim shall be allowed, allowed, if as. signed previous
under the fourteenth article of said treaty, if the said commissioners to the expiration shall be satisfied, by such proof as they may prescribe, that said claim of the five years had been, previous to the expiration of five years from the ratification from its ratifica- of said treaty, assigned, either in whole or in part; and in case of a .
partial assignment, or agreement for an assignment thereof, the same shall be allowed so far only as the original Indian claimant was, at that
date, the bona fide proprietor thereof. Claims not Sec. 10. And be it further enacted, That all claims under either of presented with the articles of said treaty mentioned above, or the supplemental articles in one year,
for ever barred. thereof, which shall not be duly presented to said commissioners for
allowance within one year after the final passage of this act, shall be thereafter for ever barred.
APPROVED, August 23, 1842. STATUTE II. Aug. 23, 1842. Chap. CLXXXVIII.–An Act further supplementary to an act entitled, “ An act Act of Sept.
to establish the judicial courts of the United States,” passed the twenty-fourth 24, 1789, ch. 20. of September, seventeen hundred and eighty-nine.
Be it enacted by the Senate and House of Representatives of the United Commissioners appointed by
States of America in Congress assembled, That the commissioners who the circ'i courts now are, or hereafter may be, appointed by the circuit courts of the United States to take acknowledgments of bail and affidavits, and also to take bail,&c. to take depositions of witnesses in civil causes, shall and may exercise may exercise all the powers that any justice of the peace, or other magistrate, of any justice of the
the powers of a of the United States may now exercise in respect to offenders for any peace in certain crime or offence against the United States, by arresting, imprisoning, cases. or bailing the same, under and by virtue of the thirty-third section of the act of the twenty-fourth of September, Anno Domini seventeen hun- 1789, ch. 20. dred and eighty-nine, entitled, “ An act to establish the judicial courts of the United States;” and who shall and may exercise all the powers that any judge or justice of the peace may exercise under and in virtue of the sixth section of the act passed the twentieth of July, Anno Do
Act of July 20, mini seventeen hundred and ninety, entitled “ An act for the govern- 1790, ch. 29. ment and regulation of seamen in the merchant service.”
Sec. 2. And be it further enacted, That in all hearings before any Justice, &c. justice or judge of the United States, or any commissioner appointed may require de
fendants' wit. as aforesaid, under and in virtue of the said thirty-third section of the
nesses to give act entitled “An act to establish the judicial courts of the United recognizance States,” it shall be lawful for such justice, judge, or commissioner,
for their appearwhere the crime or offence is charged to have been committed on the
ance to testify. high seas or elsewhere within the admiralty and maritime jurisdiction of the United States, in his discretion to require a recognizance of any witness produced in behalf of the accused, with such surety or sureties as he may judge necessary, as well as in behalf of the United States, for their appearing and giving testimony, at the trial of the cause, whose testimony, in his opinion, is important for the purposes of justice at the trial of the cause, and is in danger of being otherwise lost; nd such witnesses shall be entitled to receive from the United States the usual compensation allowed to Government witnesses for their detention and attendance, if they shall appear and be ready to give testimony at the trial.
District courts Sec. 3. And be it further enacted, That the district courts of the to have concur. United States shall have concurrent jurisdiction with the circuit courts rent jurisdiction of all crimes and offences against the United States, the punishment of with the circuit which is not capital. And in such of the districts where the business fences not capiof the court may require it to be done for the purposes of justice, and tal. to prevent undue expenses and delays in the trial of criminal causes,
Adjournments. the said district courts shall hold monthly adjournments of the regular terms thereof for the trial and hearing of such causes.
Sec. 4. And be it further enacted, That, in lieu of the punishment Punishment now prescribed by the sixteenth section of the act of Congress, entitled, prescribed by
16th section of An act for the punishment of certain crimes against the United States,"
act of April 30, passed on the thirtieth day of April, Anno Domini one thousand seven 1790, ch. 9, hundred and ninety, for the offences in the said section mentioned, the changed. punishment of the offender, upon conviction thereof, shall be by fine not exceeding one thousand dollars, or by imprisonment not exceeding one year, or by both, according to the nature and aggravation of the offence.
Sec. 5. And be it further enacted, That the district courts as courts District and of admiralty, and the circuit courts as courts of equity, shall be deem- circuit courts to ed always open for the purpose of filing libels, bills, petitions, answers, for the purpose pleas, and other pleadings, for issuing and returning mesne and final of filing libels, process and commissions, and for making and directing all interlocutory bills, &c. motions, orders, rules, and other proceedings whatever, preparatory to the hearing of all causes pending therein upon their merits. And it
Any judge shall be competent for any judge of the court, upon reasonable notice
may direct and to the parties, in the clerk's office or at chambers, and in vacation as award such prowell as in term, to make and direct, and award all such process, commissions and interlocutory orders, rules, and other proceedings, when