Farmers' gazette, and Cheraw advertiser. (Cheraw, S.C.) 1839-1843, September 20, 1842, Page 384, Image 2
T
committed high crimc6, seek an asylum in the
t< rrritorio* of a neighboring nation, would seem to
be an act due to the cause of general justice and
and properly bi longing to the present state of tivihzatioa
and intercourse. The British provinces
of North America are separated fr?>m the etat'.s
of the Un on by a line of several thousand miles,
and along portions of this line the amount of popuJ
ttion on either side is quite considerably while
the passage of the boundary is always easy.
Offi-ndera against the law on the one side, trans- i
for themselves to the other. Sometimes, with great
difficulty, they are brought to justice, but very j
oten they wholly escape. A consciensciousness ;
of immunity, from the power ot avoiding justice
- and rack.
in this way, in?igai<-t> wwr....~.t (
I- * to the commission of offences, and the peace j
and good neighborhood of the borders are cons:,
qncntly often disturbed.
In the case of offenders fleeing from Canada
info the United Statce, the governors of states arc
often applied to for their surrender, and questions 1
of a very embarrassing nature arise from these ap- '
plications.?It has been thought highly important,
therefore, to provide for the whole case by a proper I
treaty stipulation. The article on the subject in
the proposed treaty is carefully confined to such
offences as all mankind agree to regard as hcin- '
ous and destructive of the security of life and pro- '
property. In this careful and specific enunicra- j
tion of crimes tlic object has been to exclude all j
political offences or criminal charges arising from j
wars or intestine commotions. Treason, mispris. ;
ion of treason, libels, desertion from military ser- j
vice and other offences of similar character, are j
excluded.
And lest some unforeseen inconvenience or unexpected
abuse should arise from the stpulation, j
rendering its continuanee, in the opinion of me or ,
both of the parties, not longer desirable, it is left in '
the power of either to put an end to it at a will.
The destruction of the steamboat Caroline at
J^ehlosscr, four or five years ago, occasioned no j
small degree or excitement at the time, and be- j
e iroc the subject of correspondence between the
two governments. That correspondence having j
been suspended for a considerable period, was re- i
newed in the spring of last year; but no satislac- ,
tory result having been arrived at, it was thought j
proper, though the occurrence had ceased to be
iretiii and recent, not to omit attention to it on the J
present occasion. It has only been so l'ar discuss- I
td in the correspondence now submitted, as it was
accomplished by a violation of the territory of the
* * * ? - " ? r ai .
I luted Stales, i ne icucr 01 me r>riii?u .uuhb. ;
tr, while he attempts to justify that violation up. 1
on the ground of a pressing and overruling necessity,
admitting, nevertheless, that even if justifiable,
an apology was due for it, and accompanying this
acknowledgment with assurances of the sacred
regard of his government for the inviolability of i 1
national territory, has seemed to me sufficient to j
warrant forbearance from anyfurtherrcmonstrance I
against what took place, as an aggression on the 1
oil and territory of the country.
On the subject of the interference of the British
authorities in the West Indies, a confident hope is '
entertained, that the correspondence which has
t ikon place, showing the grounds taken by this
government, and the engagements entered into by
the British Minister, will be found such as to satisfy
the just expectation of the people of the United
Stnt* s.
TV impressment of seamen from merchant i
vowels of this country by British cruisers, although (
n<?t nractised in time of peace, and, therefore, not
jjf present a productive cause of difference and irritation,
ha*, nevertheless*, hitherto Ik en so promin
nt a topic of controversy, and is so likely to bring
on renewed contention* at the first breaking out
of a European war, that it was thought the part
o> wisdom now to take it into serious and earnes :
consideration. The letter from the Secretary of :
State to the British Minister, explains tlie ground j
which the government has assumed and the prin-'
crplts which it means to uphold. F<>r the defence !
of these grounds and the maintenance of these j
principles, the most perfect reliance is placed 0:1 ,
the intelligence of tl.e American people, and on
their firmness and patriotism, in whatever touches
the honor of the country, or its great and essential
interest*.
JOHN TYLER. |
Washington, August, 11, lb 12.
REMARKS
Of Mr. Campbell of South Carolina, in the House
of Representatives on the '20th August, on a
motion to amend the bill to regulate the taking ;
of testimony in cases of contested election'
Thr bill to regulate the taking of testimony in .
cis** of contested election having been returned
from the Senate with amendments, the question
was on concurring with the first amendment as
fi.llnws, viz:?
14 And provided further, (in substance,) That
nothing in this section, or in ine aci uicuim tna.
lt d to, [the districting clause of the apportionment
hill,) shall he held to extend to the election of any
{'Tsr.n who shall be choeen a Representative to the
iSth Ccngrcw in any State in which, by the laws
of such State, the election of Representatives to
Congress :# re quired to be made by general ticket,
and "where th?* election has been h'-l i, or may be
held, before the regular session of her Legisl iturc,
according to the act entitled, 4 An act providing
for the apportionment of Representatives among
the several States according to the sixth census
unless the Governor of any .State shall, before the
time appointed by law for holding such elections
therein, by his proclamation, postpone the same
until after the next meeting of the legislature
thereof."
mr. Camtofi l of South Carolina moved to strike
out all after the word 44 State," where it firyt ocruw,
and insert, 44 m conformity with the laws of
SJeb State."
" Mr. C had innaperable objections to the amendment
of the Senate. It proposed to exempt persons
claiming a seat in Congress, from some of the
States, from the operation of a law which all others
were required to comply with. Georgia and
New Hampshire, for example, both elect by general
ticket; yet, under the oj>e ration o: this amend,
mcnt, persons elected from Goorgia will be admitted,
while tho6e elected from New Hampshire, under
similar regulations, will be excluded. The
amendment should uthtr be rejected entirely, or
fi"> modified as to be made uniform in its operation.
The elections for Con Tress, as prescribed by pre
existing regulation* in some of the States, coining
on before the regular times of the nnr ting of their
J ogislature?, afforded an argument of convenience
r hv the operation of the second 6 ction of the up.
j ortionmcnt law should h( suspended; but ho ohj>
'*tcd to giving it a partial operation. I1 suspend,
t J as to part, it should be a? to all. Some of th
States, in which the election!*, as now prescribed,
come on before the regular sessions of the Legislatures,
may elect by double or treble districts:
yet the amendment of the Senate made no provision
for such cares; and if they existed, members
thus elected would be excluded, while such as
were elected by general ticket would be admitted.
.Air. C. felt most anxious to promote harmony,
and to avoid all danger of conflict with State au?
thoritics, even although satisfied that such conflicts
cannot occur except under the influence of the
most unreasonable prejudice, and the greattst
mistake as to the true character of their duties.?
To ensure this desirable object, he had offered an
' 1 1 L ---? -'a !,/? nncrnfinn nf
QinCnUIlit'Ill WHICH WUU1U duo^ciiu u?v Uktv*. w.
the districting clause of the apportionment law until
after the next Congress had served out its term;
relying, in the mean time, upon the intelligence of
a patriotic people to rebuke that reckless spirit of
party by which a measure so conservative of our
institutions is threatened, and, by the expression
of their opinions at the ballot-box, to preserve it
from the danger of repeal. It had been said that
the friends of this measure were afraid to trust it on
a second trial in the House. The amendment
which he offered would show that, so far as he
was concerned, this was not the case. Gentle,
men had an opportunity of now deciding whether,
taking all things into consideration, they would
agree?not to repeal, but to suspend the law until
after the next Congress. That Congress, elected
under the various systems adopted by different
State Legislatures, would have opportunity of re-1
pealing it. But let the subject, in all its bearings, '
be submitted to the people; let it be carried to j
the ballot-box : let it be made a test in the elcc
tions everywhere, and he feared not the result.
In the event of the amendment which he proposed
being adopted, it would be left entirely to
the discretion of the State Legislatures to prescribe
what regulations they may think proper for the
congressional elections; and, as a respectful argument
to them in favor of the single district system,
lie would read extracts from a letter which he had
just written, in reply to one from a gentleman of
great distinction, residing in a Southern State,
which lias hitherto elected by general ticket.
It may appear to gentlemen, at first, that some
of the positions taken in this letter address them- 1
selves with more force to the South than to the !
North. But such is not the ease. The United
States is our common country; and the intelligent
patriot, whether residing amidst the snows
of the North, or the sands of the South, must !
equally deprecate the power of an utter overthrow
of the balance of power between its different see- ,
tions in the National I-egislaturc.
Mr. C. then read the following extracts from
his letter :
" Whether, under existing circumstances, the
single-district system is the best that can be adopted,
or not, it appears to me that all gentlemen of
intelligence, whose opinions arc uninfluenced by
prejudice, must admit that some action on the
part of Congress was proper?1st. To restore uni- !
f? a? ? - 1 - * 0^4 fTV rvi?oeort?r? lltn infln 1
loruiliy 111 ClUUllWl^" .iu. 1V Jiimnv liiv uiiiu.
encc of the small States from the danger of being
overwhelmed in the universal adoption of the general
ticket. 3d. To protect minorities throughout
the Union. 4th. To protect the minority section
of the Union. 5th. To preserve the Democratic
feature of the Government from annihilation.
" The practical operation of the different systems
that now prevail in the elections of different States,
has been to destroy equality in representation in
proportion to numbers; and, in this way, to assail
the fundamental principles of our Government in
the popular branch of its I/Cgislature. The great
State of New York, for example, with her forty
members in the present House of Representatives,
is outvoted upon every question of importance by
the little State of New Jersey, with six members,
by a majority of three to one. Virginia, with her
twenty-one members, is outvoted by the little State
of New Hampshire, having but five, all told. Pennsvlvania,
with more than three times the number
of members, is outvoted by Georgia, K,c.
44 Some of my friends have loudly condemned
me for having, as they say, through the agitation
of this question, roused a sleeping lion; and, Inshowing
the large States their real power, have
produced a danger which did not before exist.
But is it possible to suppose that the glaring ine- ;
quality which I have pointed at can long exist, i
when the States now electing by districts could
remove it at any time by the adoption of the general
ticket ? Indeed, in addition to the seven
States now electing by general ticket, another
(making eight) has prescribed that her election for
1 * - - 1 ^ ?r.lrA nl .ofl ooonvrlinrt
mc ncxi \.-ongrtM eiiuiiian.t pinw
that system; and in several of the other States?
among them, the great State of Pennsylvania?
the question was quickly agitated immediately before
the passage of the districting clause of the
apportionment law. However inapplicable to
some of the large States the general ticket may
be, the existing slate of things, if permitted to continue,
would compel them, in their own defence,
to adopt it. The fi~st example would be soon followed
by all the rest. Members elected by general
ticket would naturallybc partial to that system ;
and if Congress had not acted at this session, 1
doubt if the time would ever have occurred again,
when it would have been possible to do so. The
districting of any Stitc is attended with more or
less inconvenience. Under a new apportionment,
the temptation is strong with a Legislature to
prescribe that the first election shall be by general
ticket. The election being in this way, the system
obtains advocates. The second election
is also held by general ticket; and so the system
becomes established. This, vou see, is a con'
sideration of convenience, operating in conjunction
with the natural and proper desire to have as
much influence as other States, in proportion to
S numbers, in the House of Representatives.
44 The violent opposition which thin measure has i
j encountered from Southern members of Congress, I
j and Governors of some of the Southern States,
| has been to me unaccountable. Whether elected
! as Whigs or Democrats?whether elected by dis.'
j tricts or by States?the members from the South
i
* As an evidence that one of the principal rca'
sons of conferring on Congress a controlling pow.
i er over the times, places, and manner of elections,
was to insure uniformity, 1 will, for the present,
leferonly t?the reply of .Mr. .Madison to an inquiry
) of .Mr. Monroe, in the Virginia convention that
adopt'd the constitution. Mr. Madison said:
44 It was found impossible to fix the time, place,
I and manner of the election of Representatives, in
j the Constitution. It was found necessary to leave
the regulation of these, in the first place, to the
Stat* Governments, ie being best acquainted with
the situation of the people, subject to the control
f'f the (it ner.il Government, in order to produce
uni/on:,'tij, ;?nd pre*out it-i own dissolution."
present an unbroken phalanx upon certain great
questions, thought to be essential to her prosperi.
ty. One of these questions?to wit, a protective
tariff?will always command a majority in almost
every Northern and Western State. If elected bv
general tie'eet, the vote of these States would be
overwhelming. In each one of them, however,
tl.ere are !arg; minorities who think as we do.
Electing by the district system, we are enabled to
avail ourselves, to a considerable extent, of these
minorities; ana in us, 111 nme ihcmuic, tuuu.ciaui
that inequality in population which every census
shows to be getting greater and greater against
us.
,l We have hitherto looked to the Senate as the
conservative body of our National Legislature.?
But look at the map of the United States. Flori.
da is the last card we have to throw. Wisconsin
and Iowa will both be ready to come in as soon as
she is. Look still further west, beyond our organized
Territories, and you will see an immense
region, now ready for the axe of the pioneer, out
of which, before fifty years have passed away, a
dozen non.tlatehold.ivg States may have their
Senators in Congress. Suppose that a majority of
each, or even of most of these States (not a very
improbable supposition) should be disposed to enter
into a crusade against our peculiar institution, as
Mr. Adams calls it,?where would be our protection
with a Senate in which we arc thus outnum
bered, and a House of Representatives elected
from each State by general ticket? We would
have none. No, not even a shadow of protection,
except a dissolution of the Union.
" Independent, however, of all sectional considerations,
that representation is certainly most
congenial with liberty, which most nearly reflects
the light* and shade* of political opinions entertaincd
by the constituent body. By the general
ticket, the voice of the minority in a State, let it
approach ever so near an equality in number with
the majority, is entirely suppressed. So much so,
indeed, that they have not even the poor privilege
of remonstrating against the passage of measures
to which they are opposed, but must remain dumb
under the most aggravated misrepresentation of
their motives; and quiet, under the greatest injustice
! If, in an appeal to the ballot-box, what was
lately the minority becomes the majority, the tables
arc turned ; and the late majority, being now the
minority, are subjected to the same evils that they,
when in power, inflicted. Thus, the above named
abuses arc shown to be inherent in the system,
and cannot be eradicated while it remains.
" The single district system does not, it is true,
insure the representation of minorities in proper
proportions; but it approximates as near to the
probability of such a result as any that can conveniently
be adopted.
44 Many have already expressed a determination
to treat the districting clause of the apportionment
law as a dead letter, and, if they arc returned to
Congress, to vote for the admission of meinlicrs,
not elected according to its provisions; and by the
vote of members thus admitted, to repeal it. If,
however, it can sustain the first shock of party,
combined with the very natural preference entertained
for the general ticket where that system
has prevailed, the State* will all acquiesce, and it
will become the law of the land.
44 To the south where it now encounters, I believe,
the greatest opposition, I regard its main
tonance to be of the last importance. To the
whole Union its maintenance is more important
than the question of whether the Whig or Democratic
doctrines shall prevail for a few years to
come in the National Legislature. The influence
of the one is temporary, of the other permanent."
Indeed, sir, the subjects admit of no compari.
son. It set ms, from recent events, that the most
unimportant of all considerations is the question
whether we have members here who arc nominally
Whigs or Democrats. If Whig votes are wanting
to carry a high protective tariff, the deficiency is
supplied by Democrats; and so far as the public
lands are concerned, let who may rule in Congress,
we are protected against their plunder as
long as the present Chief Magistrate sit* in the
presidential chair.
Mr. C. would now briefly reply to the argument
of the gentleman from Virginia, [Mr. Wise,] who
says that " each House taiiig, under the Constitutution,
the judge of the elections, returns, and
qualifications of its members," we have no right
to prescribe rules of evidence to apply to the organization
of a subsequent House, or to cases of
contested elections that may come before it.
Some believe that the House of Representatives
is in the nature of a corporation, constantly existing,
without reference to the particular members
who take part in its deliberations; and that the
language of the Constitution prescribing that each
House shall be the "judge of the elections, qualifications,
and returns of its own members," applies
to each House of Congress, instead of to each
House of each succeeding Congress. If this interorctation
is correct, the argument of the gentle.
man has less plausibility than it would have if the
language of the Constitution applies to each House
of each Congress.
Mr. C. admitted that he thought the last men.
tioned interpretation most correct. But let us ex.
amine the bill under consideration. What doce
it propose to do ? Docs it propose that ice shall
judge of the 44 elections, returns, and qualifica.
lions" of members hereafter to be elected ? Ccr.
tainly not. Such a proposition would involve an
absurdity. It simply proposes to proscribe rules
for the organization of subsequent Congresses, and
rules for the taking of testimony in casts of con.
tested elections that may come before them for
adjudication. Mr. C. would illustrate his position
by an example. The Constitution prescribes 4* that
the judicial power of the United States shall be
vested in one Supreme Court, and such inferior
l courts as Congress may, from time to time, ordain
and establish." Yet, in prescribing rules of testimony,
by irhich eases that come before these courli
are judged of, Congress does not decide upon tht
cases themselves, makes no encroachment upon
i the judicial functions, and is guilty of no usurpa.
I tion. Can the gentleman draw the distinction ?
| Not long after the organization of the Govern'
! ment, rule# were prescribed by law for the taking
j of testimony in cases of contested elections. Tli<
| first of these owed their origin to Robert Good lot
j Harper, then a member from South Carolina. Foi
| many years, no rules have existed, except such ai
I have been prescribed by the various committees o
I election, and approved by the respective Housei
' of Congress, after the cases to be decided havi
i arisen. Gentlemen all know the inconvenience
delay, and indeed the injustice, that arise fron
this state of things. Contesting members com<
I tnrlnnop in siirttmr* a
on nr.rc, wunuui uvic <? ?>>xvuv? ?
their claims, from the extreme parts of the Union
Rulcc, for the taking of testimony are prts-Til?e<
after the cases arise. They return to their distant '
| States; are compelled to traverse extend e districts
; and the long session of Concert . 9 some(
times terminated before their cases arc decided.?
I A portion of the freemen of this country may, in
the mean time, not be represented at all; or, what j
is worse, they may be represented by a man whom 1
they have not lawfully chosen. Do not such evils ,
call loudly for a remedy ?
I Mr. C. regarded that portion of the bill which ,
i related to the organization of the House (although
far from the best that could he adopted) of great
j importance. It is in vain for gentlemen to say :
they will, if returned to the next Congress, resist !
i it, if it becomes a law. They (the constitutional I
| Representatives of a people, whose proud boast it J
j is to live under a government of laws) certainly do '
: not contemplate a resistance by violence. None |
I other is practicable, until after the House is or- !
I r?a \ ftnr tlin Hniuii Ic nrrrnm7#?d f!nnorrrS3 i
g?lIU?CU? illil l l?IV AAWUWV ?W ^
1 may repeal the law ; but, until it is organized, the
; rules which it prescribes must of necessity have a
controlling influence,
i The confusion and disorder which prevail in
, this hall, at the meeting of every new Congress,
| must admonish gentlemen of the necessity of prescribing
for the organization of subsequent Congrosses.
When we assembled here, the Clerk of
the former House?acting without authority of
; law, and only in accordance to custom?read,
: from a list which he held in his hand, the names
. of two hundred and forty-two gentlemen, which
1 he had collected from newspaper paragraphs, hcar:
say, private letters, and 6uch other means as hap|
pencd to be within his reach. We answered to our
j names when called, proceeded to elect a Speaker,
j were sworn to support the Constitution, and bc|
came organized. Why did we submit to this
; loose method of organization ? Were we under
any obligation of law, or of the Constitution, to do
so ? No. But simply because there were no rules
proscribed for our government; and we submitted
j to this loose custom from necessity?silently pro|
testing, at the same time, in our judgments, against
; it. For the same reason, gentlemen elected to the
1 next Congress will he compelled to submit to the
| provisions of this bill, if it become a law, so far as
j the organizition of the House is concerned.
Although Mr. C. defended both the constitutionality
and the propriety of passing a law to pro- |
j vide for the organization of future Houses, and ;
: for the taking of testimony in eases of contested
j elections, lie did not expect to vote for the present
J bill. There were parts of it which lie did not ap'
prove, that were now not amendable. For example,
there is a provision in the bill which limits the
time of commencing a contest to thirty days after
the result of the election is known. We have no
authority to deny a gentleman the right to prose
J culc his claim on tins door, whenever it may doI
conic known to him that it exists. We have no
authority to establish a statute of limitations
against the right of the people to eject a member,
when they discover that he holds his seat by fraud,
I and is not truly their representative. '
From the Correspondence of the A". 1*. Commcr.
cial Advertiser.
Washington, September 11th, 1812. j
DCATII AT THK WHITE HOUSE?CABINET CHANGES ?
' > AITOIXTMEST8?LOCAL ITEMS.
^ I
'1 lie wife of the President of the United States >
| died last evening, alter a long and severe illness,
which has been the source of deep and depressing
anxiety to him ever since his accession to power.
; She came to Washington in a state of ill health i
sufficient to have warranted her being left at her
] residence at Williamsburg, even though a painful
' separation, with but a few opportunities of inect- !
ing, would have been the consequence. Since she '
! came to the white house she has never seen comj
panyat all, being for the most part confined to her
! chamber. She ib spoken of as a most amiable and
i excellent woman, adorning every walk of life in
j which she has been called to move, and shedding J
j lustre by her example upon the Christian profts- j
! sion, of which she was an active member.
i '
The remains of Mrs. Tyler are, as I am to-day
' informed, to be transferred for interment to the
i family residence of the President, at Williams
J burg, Virginia.
j This sad event may throw back for a few days
1 the accomplishment of some changes, the rumors
! of which have been for some days rife in this city. !
| But a brief space passed, and they will be officially J
j announced. The exact form in which they will
| appear has not yet transpired; nor is it by any
] means certain that the arrangement is asvtt fully j
; completed. But this much seems to be conceded.
! Mr. Webster resigns the State Department, and is
i to be succeeded either by Mr. Gushing or by Mr.
I Upshur. If the latter goes into the State Depart- !
mcnt, Mr. Gushing will doubtless succeed him in
; the Navy. But my opinion is that Mr. C. will
be the Secretary of State. His ability to fill the ;
office is unquestionable.
Mr. Forward remains in the Treasury, rumors
! to the contrary notwithstanding. He likes the ;
] new Tariff, and will see the Treasury relieved from ,
its present emptiness before he budges. Hisheulth
^ is quite r? s ored.
! Mr. Robert*, the collector of the port of Phila- 1
; dtlphia, is removed, and Mr. Thomas S. Smith,
, of that city is appointed his successor.
' j I sec efforts renewed in some quarters to pro.
1 j duce the impassion that .Mr. Curtis, of your city, j
1 j is likely to he removed. There is not a word of !
truth in it. He is highly (and deservedly) cs- j
, teemed by the government us a faithful and capa- j
, ble officer.
1 J An encampment of a military company, belong, j
' | ing to this city, commenced last evening, on one j
1 of the squares in the centre of the town. A singu- j
lar time to begin such a piece of sport; they how- i
1 ' ever have invited a preacher to perform service j
' j there this evening, at 5 o'clock, which, in their j
' : estimation I suppose, will somewhat atone for the I
: ; selection of Sunday as their day of parade. Queer
1 place, this Washington!
[Reading this last paragraph to a friend,-he tells
me that this day, being the 12th of September, is
the anniversary of the battle of North Point, near \
' | Baltimore. Well,?perhaps this, after all, i? a
; good reason for the public parade, on Sunday, of a
military corps in Washington.]
, This city is as quiet as a village among the highr
lands of the Hudson. A very few members of
. .
, Congress remain, among whom I notice .Messrs.
, Cushing, Marshall, Irwin, Dawson, Wise, <fcc.
] j Y. W. C.
i [Notwithstanding the confident tone in which
c our correspondent writes, we have reason to be.
f licvt that for some at least of the changes of which
. he gives report, there is little or no betfi r foundu1
tio'i than Washington go--ip. Such clnngei may
LAWS OF THE UNITED STATES
Passed at the '2d Session nj tie itlth Congress.
[DY AUTHORITY.]
[ Public?No. 64.]
AN ACT to provide for publishing an account of
tiie discoveries made by the Exploring expedi.
tion, under the command of Lieutenant Wilkes,
of the U. S. navy.
Be it enacted by the Senate and House of Representatives
of the United States of America in
Congress assembled, That there shall be published,
under the eupervis.on and direction oi the Joint
Committee on the Library, 44 an account of the
discoveries made by the exploring expedition, under
the command of Lieutenant Wilkes, of the
United States navy which account shall be prepared
with illustratons, and published in a form
similar to the voyage of lhc Astrolabe, lately published
by the Government of France.
Sec. 2. And be it further enacted, That when
such account shall have been written, and the illustrations
for the same shall have been prepared,
an advertisement shall be inserted in the papers
publishing the laws of the United States, inviting
proposals for printing one hundred copies of the
same for the United States, to be delivered to the
Librarian of Congress in a time and at price to
be stipulated in such contract; and the contract
shall be made with and given to the person offering
and giving sufficient assurance to perform the
work at the lowest price; and on such contract
being made the 44 account" shall be delivered to
such contractor.
Sec. 3 .4/trf be it further enacted, That until
- 1- i-~ i r r.
other provisions are maue i>y ia\v jur me suickeeping
and arrangement of such objects of natural
history as may be in possession of the Gov.
ernment, the same shall be deposited and arranged
in the upper room of the Patent Office, under the
care of such person as may be appointed by the
Joint Committee on the Library.
JOHN WHITE,
Speaker of the Hoti.sc of Representatives.
WILLIE P. MANGUM,
President of the Senate jtro tempore.
Approved, August 26, 1842.
JOHN TYLER.
[Public?No. 65.]
AX ACT to establish a district court of the United
States in the city of Wheeling, in the State
of Virginia,
lie it enacted by the Senate and House of Represeutatives
of the United States of America in
Congress assembled, That one annual term of the
district Court of the United States, for the western
district of Virginia, be liolden in the city of Wheeling
on the :25th day of August.
Approved, August 2(5, IS 12.
[Public?No. CO.]
AN ACT to confirm the sale of public lands in
certain cases. *
Be it enacted by the Senate and House of Re.
present at iyes of the United States of America in
/vis/va ivhi-n nnv
\JUilglCOO * ?? * ?tt M?? vv.?ww ?... .
entry Ins been made, under the pre-emption 'aws,
of land which was public land, subject to s ilc at
the date of such entry, and when patents for the
same have not been issued frpm the General Land
Office, because of the original tract claimed, or
the float arising therefrom exceeding the quantity
specified in the law, or when the adjudication Ins
been made by the receiver and tfic clerk of the
register, acting in the stead of the register, or
when the proof upon which the claim is founded
is not in the form, nor full as to all the facts required
by law, but substantially so, such entries
and sales arc hereby confirmed, and patents shall
be issued thereon, as in other casts: Provide J,
That the Secretary of the Treasury shall be satisfied
that such entries have been in other respects
fair and regular, and that the evidence sustains
the elaim ; that they are not contested by other
persons claiming the s-ime, and that no fraud shall
appear in them : And provided, also, That the
act of fourth September, eighteen hundred and
forty-one, entitled " An act to appropriate the proceeds
of tije sales of public lands and to grant
pre-emption rights,*' shall he so construed as not
to confer on any one a right of pre-emption by
reason of a settlement made on a tract heretofore
sold under a prior pre-emption law, or at private
entry, when such prior pre-emption or entry has
not been confirmed by the General Land Office,
on account of any alleged defect therein, and
when such tract has passed into the hands of an
innocent and bona fide purchaser.
Approved, August 2b, 1812.
[Public?No. 67.]
AN ACT to regulate the pay of purser* and other
officers of the Navy.
Br it enacted by the Senate and House of Re.
presentatices of the United States of America in
Congress assembled, That all purchases of clothing.
groceries, stores, and supplies of every description
for the use of the navy, a6 well for vessels in
commission as for yards and stations, shall be
made with and out of the public moneys appropriated
for the support of the navy, under such directions
and regulations as may be made by the Executive
for that purpose; and it shall not be lawful
for pursers, or other officers or persons holding
commission or employment in the naval service,
to procure stores or any other articles or supplies
for, and dispose thereof to, the officers or to the
crew, during the period of their enlistment, on or
for their own account or benefit; nor shall any
profit or per centage upon stores or supplies be
charged to, or received from, persons in the naval
service, other than those which arc hereinafter
prescribed.
Sec. '2. And he it further enacted, That it
shall be the duty of the Executive to provide such
rules and regulations for the purchase, preservation,
and disposition of all articles, stores, and
supplies for persons in the navy, as may be necessary
for the safe and economical administration of
that branch of the public service.
See. 3. And he it further enacted, That, in lieu
" - -C -II A ~?l 1..
I OI me pa.V? rmiUHPf diiuwaiiv-uoi auu vum uuiuiu*
rncnts authorized by the existing law* and regulations,
the annual pay of pursers shall be as follows,
viz: when attached to vessels in commission for
sea service, they shall receive, for ships of the line,
three thousand five hundred dollars; for frigates
or razees, three thousand dollars; for sloops of war
and steamers of first class, two thousand dollars;
for brigs, and schooners, and steamer*, less than
first class, fifteen hundred dollars; on duty at navy
yards at Roston, New York, Norfolk, and Pcneicola,
two thousand five hundred dollars; at Po-tsm/.niK
I'lnl ?d. tnlii.o. and Washington, two thou
1
! rand dollars; at naval stations, within the United
I States, fifteen hundred dollars; and in receiving
! ships at Boston, New York, and Norfolk, two
thousand five hundred dollars; and at other places,
fifteen hundred dollars; on leave or waiting orders,
tht- same pay as surgeons. And it is hereby expresslv
declared, that the yearly pny provided in
, this act is all the pay, compensation and allowance
that shall be received, under any circumstances,
| by pursers, except one ration each per day, when
attached to vessels for sea service, and except alao
, for travelling expenses, when under urdera, for
which ten cents per mile shall be allowed.
Sec. 4. And be it further enacted, That
I in this act contained shall be construed to affect
I ?i.~ k?1_ i i ? *- - _
i iik uuuun ?\ mvii nave ucreioiore oeen pTtn by
pursers in the navy, but the same dull remain in
full force and effect, as if this law had rvH ban
passed ; and the Secretary of the Nary is hereby
authorized and required to demand and receive
from them, or any of them, new bonds, with suffi.
cient sureties, in all cases in which he may coo.
sider the same necessary and expedient; and in
, ccse any purser shall neglect or refuse to give
such new bond, it shall be the duty of the Execu.
tivc to dismiss him forthwith from the service.
Sec. 5. And be it further enacted, That the
rules and regulations which shall be made in coo>
formity with the provisions of this act dull be kid
i before Congress at their next session.
See. 6. And be it further enacted, That it shall
not be lawful for a purser in the navy to advance
or loan any sum or sums of money, public or prii
vate, or any article or commodity whatever, or
i any credit, to any officer in the naval wrice, un.
! dcr any pretence whatever.
Sec. 7. And be it further enacted. That the pro.
visions of this act shall go into effect, within the
c ?u.. j.4. ~r ?J
1 L/IIIILU uiaiiD, 11 win (iiv uaic ui n? pawa^v | ?uu
in vessels abroad at the beginning of the quarter
after its official receipt.
Sec. 8. And be it further enacted, That pursers j*
I attached to, and doing duty in, navy yards at Boston,
New York, and Norfolk, and seagoing vessels
of a larger class than sloops of war, shall be au.
thorized to appoint a clerk or assistant, to be ap?
proved by the commanding officer of such yard
; or vessel; and the yearly compensation of said
1 clerk shall be as follows, viz: in a frigate, or navy
| yard at Boston, New York, and Norfolk, five
hundred dollars; in a ship of the line, seven hundred
dollars. Said assistant or clerk shall have
the privileges which are allowed 'x> the clerk of the
commanding officer; and each purser and clerk,
while attached to vessels in commission, shall receive
one ration per day.
See. 9. And be it further enacted, That all
stores of pursers on board ships in commission
shall be taken by the Government at a fair valnation,
under ti.e direction of the Secretary of the
Navy.
Sec. 10. And he it further enacted, That all
acts or parts of acta which may be contrary to,
or inconsistent with, the provisions of this act,
shall be, and are hereby, repealed.
See. 11. And be it further enacted, That, from
and after the p issagc of this act, the annoal pay
: of the forward warrant officers of the navy of the
j United States shall be as follows: for boatswains,
gunners, carpenters, and sailmakers, when on du
ty on board snips ol the line, anu in toe tftrce nary
yards at Boston, New York, and Norfolk, eight
: hundred dollars; on otlier duly, seven hundred
; dollars ; when on leave of absence or awaiting or.
J dent, the si id officers shall receive five hundred
dollars for the first ten years, and after six hundred
' dollars.
See. 12. J nd be it further enacted, That when,
ever an officer shall perform the duty of a higher
grade, by order of the Secretary of the Navy, or
the commander of a flee*, or squadron, or ship act.
ing singly on foreign service, such officer shall he
entitled to receive the pay of such higher grads
during the time lie performs the duty in that grade,
and 110 longer; and no allowance shall be mads ^
for performing such service hereafter, unless so or.
J dtrcd.
Approved, August 26,1842.
[Pi-sue?No. 68.J
AN ACT to define and establish the fiscal year
of the Treasury of the United States.
Be it enacted by the Senate and Home of Me*
prcscntatite* of the United States of America in
Congress assembled, That on and after the first
i day of July in the year of our Lord eighteen hundred
and forty-three, the fiscal year of the Treasury
of the United States, in all matters of accounts,
receipts, expenditures, estimates, and appropria.
tions, shall commence on the first day of July in
each year; and the reports and estimates required
to be prepared and laid before Congress at the
commencement of each session by the Secretary
of the Treasury in obedience to the acts of Confrmn
nf the second of ScDtember. seventeen bun
! drcd and eighty.nine, and of May tenth, eighteen
hundred, shall be a report and estimates for each
j fiscal year commencing as aforesaid and tennina.
' ting on the thirtieth day of June in the succeeding
calendar year.
See. 2. And be it further enacted, That it shall
be the duty of the Secretary of the Treasury to
submit to Congress at the commencement of the
next session his annual report upon the state of the
finances and (stiniaUsof appropriations required
for the support of the Government for the half
calendar year ending on the thirtieth day of Juae
then next; and separate and distinct estimates for
1.1- J:? ? 4U? a.. in>u
me 11SCU1 yail luumg UII mv mu uiui vmj vi vwn,
eighteen hundred and fortj-four; and estimates of
receipts for said periods respectively; and the style
and title of all acts making appropriation# for Uie
support of Government shall be as follows, to wit:
i " An act making appropriations (here insert the
; object) for the year ending June thirtieth, (hera
! insert the calendar year.)
Sec. 3. And be it further enacted, That the
accounts of receipts and expenditures, required by
law to be published annually, shall, on and alter j
the first day of July, eighteen hundred and fortythree,
be prepared and published for the fiscal year
{ as hereby established; and the said accounts for
the half calendar year ending June thirtieth, eighteen
hundred and forty-three, shall be prepared
?1 1 L? ? aomrilA MH
and published as requirru u* ???.,
distinct; and all law* and parta of law* inooona.
, tent with the proviaiona of thia act art hereby repealed.
Sec. 4. And he it further enacted, That the
annual atatcmentaof the commerce and navip'oon
of the United StaUa, required by law to be tab.
j mitted to Congrcaa on the firat Monday of December
annually, rha!l be prepared and pohiiafced
for each fiacal yenr at hereby rttabliabed { and the
said statement* for the last quarter of the preaent
calendar year, and the two firtt quartire of the
year eighteen hundred and forty thrtc, endmj on
tr