Abbildungen der Seite


Evidence re

to show his regular appointment as such officer. And the oerceivable. - tificates of proper officers, whether given during or since the

expiration of their term of service, shall be receivable by the Auditor in the settlement of such claims.

Approved, August 23d, 1842.

CHAP. 186.-AN ACT respecting the organization of the army, and for other.



2d regiment of

verted into riflemen.



to be made till af-
ter the reduction. We

[Sec. 1.] Be it enacted by the Senate and House of Re

presentatives of the United States of America in Congress Dragoons to be assembled, That hereafter, and so soon as the reduction can be

effected as herein provided, each company of dragoons shall

consist of the commissioned officers as now provided by law,

of and of four sergeants, four corporals, two buglers, one farrier dragoons to be con- and blacksmith, and fifty privates; and the second regiment of

dragoons now in service shall be converted, after the fourth day of March next, into a regiment of riflemen; and each company

of artillery shall consist of the commissioned officers as now ry to be provided by law, and of four sergeants, four corporals, two arti

ficers, two musicians and forty-two privates; and each com

pany of infantry shall consist of the same number of commisInfantry to be sioned officers as now provided, and of four sergeants, four cor

porals, two musicians and forty-two privates; and that no re

cruits shall be enlisted for the dragoons, artillery, or infantry, No enlistmenus until the numbers in the several companies shall be reduced by

illaf- the expiration of the term of service, by discharge, or other

causes, below the number herein fixed for the said companies.

respectively. Provided, That nothing in this section shall be Proviso : re-en- construed to prevent the re-erlistment of non-commissioned listment of noncommissioned of- officers whose terms of service may expire before the army shall

d. be reduced to the number heretofore established.

SEC. 2. And be it further enacted, That the offices of the intendents of ar- superintendents of the armories at Springfield and at Harper's mories, at Spring: Ferry shall be, and the same are hereby abolished, and the Ferry, abolished. duties thereof shall be performed by such officers of the ord. Duties to be per- nance corps as shall be designated by the President; and that

" from and after the first day of October next, the master armorers, Relatiye to mas- at the national arınories, shall receive, each; twelve hundred dolter armorers, in- lars, annually, payable quarter yearly; and the inspectors and paymasters and clerks each eight hundred dollars per annum; and the paymas

ters and military storekeepers, at the armories, and at the arsenals. of construction at Pittsburg, Watervliet, and Washington city, shall receive each twelve hundred and fifty dollars annually, payable in like manner, and the said paymasters and military storekeepers, shall give security for the faithful discharge of their duties, in such sum as the Secretary of War shall prescribe. And the two military storekeepers, authorized by the act of second of March, one thousand eight hundred and twenty-one, shall receive each, twelve hundred and fifty dollars per annum.

ficers allowed.

Offices of super

formed, by whom.



military storekeepere.


Purchases abolish

spector General, 3

And no military storekeeper, at arsenals, shall, after the first day
of October next, receive, as pay, or emoluments, beyond eight
hundred dollars per annum, besides quarters actually provided
and occupied as such, and the number authorized to be thus
employed is hereby limited to ten ; and all other offices of mili-
tary storekeepers are hereby abolished, and discontinued, on and
after said first day of October, and the officers hereby dismissed,
shall be allowed three months' pay in addition to the pay and
emoluments to which they may be entitled on that day. And
none of the above named officers, and no officers at the armories,
of any grade whatever, shall hereafter receive emoluments of
any kind, or any compensation or commutation beyond their
stipulated pay, in money, except quarters actually provided for
and occupied by such officers.
Sec. 3. And be it further enacted, That the office of Como

Office of Com missary General of Purchases, sometimes called Commissary of missary General of Purchases, shall be, and the same is hereby abolished, and the ed. duties thereof shall hereafter be performed by the officers of the Duties to be per

formed by whom Quartermaster's department, with such of the officers and clerks &c.

now attached to the Purchasing department as shall be author -ized 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 Otfices of 1 irrin after the passage of this act, the offices of one inspector general, paymasters, 2 surof three paymasters, two surgeons and ten assistant surgeons of scons, and the army shall be abolished, and that number of paymasters, &c. surgeons and assistant surgeons, shall be discharged by the Pre. sident, 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 persona

n Employment of may be employed by the Ordnance bureau, under the direction intend the manieof the Secretary of War, for such time as may be necessary, to cannon authorizsuperintend the manufacture of iron cannon at the several foun-ea. dries where such cannon may be made under contracts with the United States, whose pay and emoluments 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 anthority of the War Department, the same compensation shall be allowed as herein provided.

Sec. 6. And be it further enacted, That the rations author- . Racions allowed ized to be allowed to a brigadier while commander-in-chief, and by acts of the 3d to each officer while commanding a separate post, by the act of 16th March, 1802, March third, seventeen hundred and ninety-seven, and to the 1 wed to the fol commanding officers of each separate post, by the act of March lowing officer on sixteen, eighteen hundred and two, shall hereafter be allowed to the following officers and no others : to the major general commanding the army, and to every officer commanding in chief a separate army, actually in the field ; to the generals

f geons, and 10 as.

sistants abolished,

a person to super





to certain offieere.

March 1797, and

commanding 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 23d, 1842.

[ocr errors]

CHAP. 187.-AN ACT to provide for the satisfaction of claims arising under

the fourteenth and nineteenth articles of the treaty of Dancing Rabbit creek, concluded in September, one tho.isand eight hundred and thirty.

act, revived.

af, and supplement

[Sec. 1.] Be it enacted by the Senate and House of Re

presentatives of the United States of America in Congress Acts of 3d March, assembled, That the act approved on the third of March, eightbooks , 1838, een hundred and thirty-seven, entitled “ An act for the appointwwht ma peabed ment of commissioners to adjust the claims to reservations of land of sodified by this

under the fourteenth article of the treaty of eighteen hundred and thirty, with the Choctaw Indians : and also, the act approved on the twenty-second day of February, eighteen hun. dred and 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 repealed 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 exe

cuted, subject, nevertheless, to repeal or modification by any act Powers, &c., of of Congress. And all the powers and duties of the commisen tendentes comiens sioners are hereby extended to claims arising under the nineander 19th article teenth article of the said treaty, and under the supplement to , said treaty. the said treaty, to be examined in the same manner and with

the same effect as in cases arising under the fourteenth article Provido : salary of the said treaty Provided, That the salary of said Commisakse 20 $2,500."- sioners shall not exceed the rate of two thousand five hundred

dollars per annum.

Sec. 2. And be it further enacted, That subpenas for the e the attend- attendance of witnesses before the said commissioners, and prosence of witnesses, cess to compel such attendance may be issued by the said com

missioners, or any two of them, under their seals in the same

manner and with the same effect as if issued by courts of record, Marshals, &c., and may be executed by the marshal of any district, or by any c., their sheriff, deputy sheriff or other peace officer designated by the

said commissioners, who shall receive for such services 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 twentysecond day of February, one thousand eight hundred and thirty

Commissioners may

Y pro

eight, and which is revived by this act: Provided, That no- Proviso: empien thing herein contained shall be construed to revive such portion ment and pey of of the act approved the third day of March, one thousand eight for the Distriees af hundred and thirty-seven, referred to in the first section of this authorized act, as provides for the employment and pay of the district attorney of either of the districts of the State of Mississippi.

Sec. 3. And be it further enacted, That when the said commissioners shall have ascertained that any Choctaw has com- have ascertained plied or offered to comply with all the requisites of the four- has complied, ar teenth article of the said treaty, to entitle him to any reservation with the requisits under that article, which requisites are as follows, to wit: that of the 14th article said Choctaw Indian did signify his or her intention to the entitle him to a re. agent, in person, or by some person duly authorized and espe-se cially 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 Or, said India prove, to the entire satisfaction of the said commissioners and to did signify his in the Secretary of War, that he or she did signify his or her inten- te tion, 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 registes of the agent aforesaid, but was omitted by said agent; and, secondly, that said Indian did, at the date of ma- And, 2dly, that king said treaty, to wit, on the twenty-seventh day of Septem- treaty, he armed ber, eighteen hundred and thirty, have and own an improvement in the then Choctaw country; and that, having and own-on the 5 years taling an improvement, at the place and time aforesaid, did reside tion, unless, der 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

he And, 3dly, that disposition; and, thirdly, that it shall be made to appear, to the he did not receive entire satisfaction of said commissioners, and to the Secretary of other land under

the treaty; War, that said Indian did not receive any other grant of land under the provisions of any other article of said treaty; and, And, 4thly, that fourthly, that it shall be made to appear, in like manner, that side in the cedea said Indian did not remove to the Choctaw country west of the country. 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

They shalt as of War shall concur therein, to proceed to ascertain the quantity certain the quan

ich said indian by virtue of the fourteenth articla tity of' land he is of said treaty, is entitled to, which, when ascertained, shall be shall be located located for said Indian, according to sectional lines, so as to em. sued.



Certificates for the land to given, how.

brace 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 Quantity due to and legal representatives; and in like manner shall the comIndian, to be as- missioners aforesaid ascertain the quantity of land granted by certained in like said article to each child of said Indian, according to the limitaand a patent is- tions contained in said article, and locate said quantity, for said

children, contiguous to and adjoining the improvement of the parent of such child or children; and the President shall issue a patent for each tract of land thus located, to said Indian child,

if living, and if not, to the heirs and legal representatives of such if Shave Indian child. But if the United States shall have disposed of which any Indian any tract of land, to which any Indian was entitled, under the the 14th article, provisions of said fourteenth article of said treaty, so that it is shalomioisother now impossible to give said Indian the quantity to which he

was entitled, mcluding his improvements, as aforesaid, or any part of it, or to his children, on the adjoining lands, the said 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 entry at private sale; and certi

ficates to that effect shall be delivered, under the direction of be the Secretary of War, through such agent as he 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 MisCommissioners sissippi river. The said commissioners shall also ascertain the small ascertain the Choctaws, if any, who relinquished or offered to relinquish any Tinquished, or of reservations to which he was entitled under the nineteenth artizéservations under cle of the said treaty, or whose reservations under that article toutes with article at had been sold by the United States; and shall also determine tions seld; and de- the quantity to which such claimant was entitled ; and the , &

quantity of lạnd which should be allowed him on extinguishment of such claim, at the rate of two-fifths of an acre for every acre of the land to which said claimant was entitled, said land having

[ocr errors]

been estimated under this article at fifty cents per acre : ProProviso: no claim vided, nevertheless, That no claim shall be considered or allowshall be considered ed by said commissioners, for or in the name or behalf of any

Indian claimant whose name does not appear upon the lists or pear on the lists of registers of claimants made by Major Armstrong, special agent Vajor Armstrong, 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 thirty-two, 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 commisceedings. &c., to sioners, within two years from the time of their entering upon be President, the duties of their offices, and as often as shall be required by

the President of the United States, shall report to him their prgceedings in the premises, with a full and perfect' list of the names of all the Choctaws whom they shall have determined to



Commissioners to report their


« ZurückWeiter »