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CHAP. CCXXXVI.—An Act to authorize the Governor and Legislative Council of the Territory of Florida, to sell the lands heretofore reserved for the benefit of a general seminary of learning in said Territory.

STATUTE I July 1, 1836.

Lands may be

Be it enacted, by the Senate and House of Representatives of the United States of America in Congress assembled, That the Governor sold. and Legislative Council of the Territory of Florida shall be, and they are hereby, authorized to sell and convey, in fee simple, for the benefit of the University of Florida, of which, Joseph M. White, R. K. Call, Thomas Randall, John G. Gamble, Thomas Eston Randolph, Louis M. Goldsborough, Ben. Chaires, Turbutt R. Betton, F. Eppes, E. Loockerman, Fitch W. Taylor, J. Loring Woart, Ashbeel Steel, and J. Edwin Stewart are trustees, any part not exceeding one half of the two townships of land heretofore reserved and appropriated by Congress for the establishment and support of a seminary of learning in the Territory of Florida, and to appropriate so much of the money arising from the sale sec. 11. thereof, as may be deemed expedient for the erection of commodious and durable buildings for said University; for the purchase of apparatus, and whatever else may be suitable for such University; and to invest the remainder in some productive funds, the proceeds of which shall be devoted for ever to the benefit of said University of Florida. APPROVED, July 1, 1836.

CHAP. CCXLVIII.-An Act authorizing the Winnisimmet Company to lay out and make a way on lands of the United States, in Chelsea, in the State of Massachusetts.

1823, ch. 28,

STATUTE I.

July 1, 1836.

A street may

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, the Winnisimmet Com- be laid out. pany, in the Commonwealth of Massachusetts, be, and they hereby are, authorized and empowered to lay out and make a way or street over lands of the United States situated in Chelsea, in said Commonwealth, in front of the United States marine hospital; said way or street to be in continuation of the marginal street of said company: Provided, That said way shall not exceed fifty feet in width, and shall be so constructed, under the supervision of the collector for the district of Boston and Charlestown, as not to injure or prejudice the upland or wharf belonging to said hospital.

APPROVED, July 1, 1836.

CHAP. CCXLIX.-An Act to authorize the Shenandoah Bridge Company, at Harper's Ferry, to erect a bridge on the lands of the United States, at or near the town of Harper's Ferry.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Shenandoah bridge company, at Harper's Ferry, be, and they are hereby, authorized to erect a bridge across the river Shenandoah, on the lands belonging to the United States, at or near the town of Harper's Ferry, and to connect the same, by a sufficient road or passway through the said lands, with the road on the east side of the said river, and the main street of the said town; Provided, That in the construction of the said bridge, and the road or passway to and from it, the said company shall not, in virtue of this act, interfere with the rights or privileges of any individuals or existing corporation; And provided, also, That the location of the said bridge upon the public lands aforesaid, shall be submitted to and approved by the Secretary of War, prior to the erection thereof.

SEC. 2. And be it further enacted, That on the said terms and conditions the said Shenandoah bridge company shall be, and they are hereby, empowered to erect a toll-house adjacent to the said bridge on

Proviso.

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STATUTE I. July 1, 1836.

May appoint

an agent to pro

secute the claim.

Agent to give bonds.

To defray the expenses.

the lands, aforesaid of the United States; Provided, That should the said bridge never be constructed, or having been constructed, shall be abandoned, by the said company, the rights vested therein, by this act, shall cease and determine.

APPROVED, July 1, 1836.

CHAP. CCLII.-An Act to authorize and enable the President to assert and prosecute with effect, the claim of the United States to the legacy bequeathed to them by James Smithson, late of London, deceased, to found at Washington, under the name of the Smithsonian Institution, an establishment for the increase and diffusion of knowledge among men.

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 is hereby, authorized to constitute and appoint an agent or agents, to assert and prosecute for and in behalf of the United States, and in their name, or otherwise, as may be advisable, in the Court of Chancery, or other proper tribunal of England, the right of the United States to the legacy bequeathed to them by the last will and testament of James Smithson, late of London, deceased, for the purpose of founding, at Washington, under the name of the Smithsonian Institution, an establishment for the increase and diffusion of knowledge among men and to empower such agent or agents, so appointed, to receive and grant acquittances for all such sum or sums of money, or other funds, as may or shall be decreed or adjudged to the United States, for, or on account of, said legacy.

SEC. 2. And be it further enacted, That the said agent or agents shall, before receiving any part of the said legacy, give a bond or bonds, in the penal sum of five hundred thousand dollars, to the Treasurer of the United States, and his successors in office, with good and sufficient securities to the satisfaction of the Secretary of the Treasury, for the faithful performance of the duties of the said agency, and for the faithful remittance to the Treasurer of the United States, of all and every sum or sums of money, or other funds, which he or they may receive, for payment in whole or in part of the said legacy. And the Treasurer of the United States is hereby authorized and required to keep safely all sums of money or other funds which may be received by him in virtue of the said bequest, and to account therefor separately from all other accounts of his office, and subject to such further disposal thereof as may be hereafter provided by Congress.

SEC. 3. And be it further enacted, That any and all sums of money, and other funds, which shall be received for, or on account of, the said legacy, shall be applied in such manner as Congress may hereafter direct, to the purpose of founding and endowing at Washington, under the name of the Smithsonian Institution, an establishment for the increase and diffusion of knowledge among men; to which application of the said moneys, and other funds, the faith of the United States is hereby pledged.

SEC. 4. And be it further enacted, That, to the end that the claim to the said bequest may be prosecuted with effect, and the necessary expenses in prosecuting the same be defrayed, the President of the United States be, and he is hereby, authorized to apply to that purpose, any sum not exceeding ten thousand dollars, out of any moneys in the Treasury not otherwise appropriated.

APPROVED, July 1, 1836.

CHAP. CCLIII.-An Act to regulate the compensation of certain officers of revenue

cutters.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in lieu of pay, rations, and all other allowances now authorized by law to the captains and first, second, and third lieutenants of the revenue cutters of the United States, there shall be allowed and paid, quarterly, from and after the passage of this act, to each captain, at the rate of twelve hundred dollars per annum; to each first lieutenant, at the rate of nine hundred and sixty dollars per annum; to each second lieutenant, at the rate of eight hundred and sixty dollars per annum; to each third lieutenant, at the rate of seven hundred and ninety dollars per annum.

APPROVED, July 2, 1836.

CHAP. CCLIV.-An Act making appropriations for the suppression of Indian hostilities 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 balance of the appropriation of one million of dollars, made by the act of April twenty-nine, eighteen hundred and thirty-six, and now remaining in the Treasury, shall be, and the same is hereby, made applicable to the payment of any expenditures authorized by the said act, and rendered necessary by the calling out by the President of the United States, of any part of the militia or volunteers of the United States for the suppression or prevention of any Indian hostilities.

STATUTE 1.

July 2, 1836.

Compensation

to captains, &c. of revenue cut

ters.

STATUTE I.

July 2, 1836.

Balance of

appropriation of lars of April 29, 1836, ch. 57, applicable to payment, &c.

1,000,000 dol

To defray expenses, &c.

SEC. 2. And be it further enacted, That the sum of two millions four hundred thousand dollars shall be, and the same is hereby, appropriated, out of any money in the Treasury not otherwise appropriated, to defray any expenses which have been or may be incurred in preventing or suppressing the hostilities of any Indians, 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 expended, 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 appropria- 1836, ch. 44. tions for the support of the army, and of the act of March nineteen, eighteen hundred and thirty-six, providing for the payment of volunteers and militia corps in the service of the United States. APPROVED, July 2, 1836.

1795, ch. 9.

1832, ch. 64.

STATUTE I.

July 2, 1836.

Right of way

Proviso.

CHAP. CCLV.-An Act to grant to the New Orleans and Nashville Rail-road
Company, the right of way through the public lands of the United States.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That there be, and is hereby granted.
granted to the New Orleans and Nashville Rail-road Company incor-
porated by the several States through which the said road is intended to
pass, the right of way through such portion of the public lands as
remain unsold, Provided, That the portion of the public lands occupied
therefor, shall not exceed eighty feet in breadth; that the route of the
said road shall be surveyed and designated through the public lands, by
plain marks, or monuments, and copies of the notes of survey, with a
plat or plats thereof, and a description of the said landmarks or monu-
ments and their connection with the prior official surveys of the adjacent
lands, be transmitted to the General Land Office in Washington, within
sixty days after the said surveys and plats are completed, and that they
be completed within two years from the date of this act.

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Land for workshops, &c.

Proviso.

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Materials may be taken.

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STATUTE I. July 2, 1836.

Medal to be

struck by the Director of the Mint.

SEC. 2. And be it further enacted, That for such depots, watering places and work-shops as may be essential to the convenient use of the said road; there shall be also granted to the said company, such portions of the public land, as they may, under like restrictions and conditions, select, on either side of the said road: Provided, That not more than five acres, to be laid off in a square form, shall be selected for such use or purpose, at any one place; Provided, also, That not more than one such square shall be granted for every fifteen miles of the said road lying within the public lands; And provided, moreover, That such selections shall be approved by the Secretary of the Treasury for the time being.

SEC. 3. And be it further enacted, That so long as the public lands in the vicinity of the said road shall remain unsold, the said company shall have power to take therefrom, such materials of earth, stone, or wood, as may be necessary for the construction of the said road, Provided, That the grants herein contained, as well of the use of the public lands, as of the materials for the construction of the said road, shall cease and determine, unless the road be begun within the period of two years from the date of this act, and completed within eight years there. after. And provided, moreover, That if the said road shall, at any time after its completion, be discontinued or abandoned by the said company, the grants, hereby made, shall cease and determine.

APPROVED, July 2, 1836.

CHAP. CCLVI.-An Act to renew the gold medal struck and presented to General
Morgan, by order of Congress, in honor of the battle of the Cowpens.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in pursuance of the request of Morgan Neville, in his memorial presented at the present session of Congress, the director of the mint, be and he is hereby, authorized and directed to cause to be struck, a gold medal of the intrinsic value of one hundred and fifty dollars, in honor of the battle of the Cowpens, which was fought on the seventeenth day of January, seventeen hundred and eighty-one, to replace the original medal presented Act of March by a resolution of the continental Congress, of March ninth, seventeen 3, 1837, ch. 33. hundred and eighty-one, to Brigadier General Daniel Morgan; the said medal to be struck from the original die, and delivered, when executed, to the said Morgan Neville, the lineal heir of General Morgan; the expense of the same to be paid out of any money in the Treasury not otherwise appropriated.

STATUTE I.

July 2, 1836. [Obsolete.]

APPROVED, July 2, 1836.

CHAP. CCLVII.—An Act to repair and extend the United States Arsenal at
Charleston, South Carolina.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of War be, and he is hereby authorized and directed to cause such repairs and improvements to be made to the United States arsenal in Charleston, South Carolina, as may be deemed necessary for the public service; and that the sum of twenty thousand dollars be, and the same is hereby, appropriated for this purpose, out of any moneys in the Treasury not otherwise appropriated.

APPROVED, July 2, 1836.

CHAP. CCLVIII.—An Act to provide for the better protection of the western frontier.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President be, and he is hereby, authorized to cause to be surveyed and opened, a military road, from some point upon the right bank of the Mississippi river, between the mouth of the St. Peter's and the mouth of the Desmoines river, upon such route as may appear best calculated to effect the purposes of this act, to Red river.

SEC. 2. And be it further enacted, That the said road shall pass west of the State of Missouri and of the Territory of Arkansas, on condition that the assent of the Indian tribes who have not heretofore given their assent, through whose territory said road is to pass, shall be first obtained; and if such assent cannot be obtained, then east of the western boundaries of said State and Territory; and shall be so constructed as to enable troops to move along the same with proper facility. And the following mode of construction shall be adopted, subject to such alterations and additions as the President may, from time to time, direct to be made. The timber shall be cut down to a reasonable width, and the wet and marshy places shall be causewayed or otherwise rendered passable; cheap bridges shall be erected over the smaller streams, not having good fords across them; and, where it may be found necessary, the road may be thrown up in the centre.

SEC. 3. And be it further enacted, That the military posts shall be constructed at such places along said road as in the opinion of the President, may be most proper for the protection of the frontier, and for the preservation of the necessary communication.

SEC. 4. And be it further enacted, That the troops of the United States shall be employed in performing the labor herein required, whenever, in the opinion of the President, the same can be done with a just regard to their other duties; and the other labor rendered necessary shall be procured in such manner as the President may direct.

SEC. 5. And be it further enacted, That the sum of one hundred thousand dollars shall be, and the same is hereby, appropriated, to be applied towards the accomplishment of the objects specified by this act. APPROVED, July 2, 1836.

CHAP. CCLIX.-An Act making additional appropriations for the Delaware breakwater, and for certain harbors, and removing obstructions in and at the mouths of certain rivers, and for other purposes, for the year one thousand eight hundred and thirty-six.

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 carrying on and completing certain works heretofore commenced, viz :

For continuing the Delaware breakwater, one hundred thousand dollars.

For continuing the improvement of the harbor of Chicago, Illinois, thirty-two thousand dollars.

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For continuing the improvement of Big Sodus bay, twelve thousand Big Sodus bay. six hundred dollars.

Province

For the continuation of the works for the preservation of the beach at Provincetown harbor, Massachusetts, four thousand four hundred town, Mass. dollars.

For the continuation of the works for the preservation of Plymouth beach, Massachusetts, five hundred dollars.

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