32D CONG....3D SESS.

I do, hat thousands and tens of thousands of voters in nearly every northern State, while they supported the candidates of the Baltimore Convention, repudiated the Baltimore platform. I could not adopt this course. I felt that it gave a sort of right to the supporters of the platform to say to its opponents, By supporting the candidates you adopted the platform. You are now bound by it, and must acquiesce in it." I was unwilling to place myself in any such position.

The Senator says, also, nobody has been appointed or confirmed who has not acquiesced in the platform. But how acquiesced? Virtually, only by support of the candidates nominated upon it; not by any public declaration of changed opinions. When and where did John A. Dix recant any of his opinions avowed in 1848, when he and I went together in support of the same candidates? When and where did he give in his adhesion to the Baltimore platform of 1852? I refer to this distinguished gentleman-distinguished every way, by his talents, by his acquirements, by his personal worth, and by the high place he occupies in the regards of the country-as the representative of a class. They are all claimed as supporters of the platform because they voted for the nominees; and this, too, notwithstanding the open declarations of many of them that, while they supported the candidates, they utterly rejected the doctrines of the Convention.

I did not choose to afford any pretense for such a claim in respect to myself. I preferred to take position with that minority of which the Senator has spoken, and which he says will always remain a minority. Let him not, however, deceive himself on this point. No future event is more certain, in my judgment, than that the principles of this minority will become the principles of a majority of the American people.

Mr. RUSK. When will it be?

Mr. CHASE. I cannot tell; but if you will observe the great and constant increase of the numbers of their consistent supporters, and the still greater change which has been going on in public sentiment in favor of these principles, you will be satisfied that it is nearer at hand than some gentlemen would willingly believe.

But I will pursue this subject no further. I have already detained the Senate too long. I regret the necessity of saying anything upon these subjects; but it was a necessity. It was impossible for me to leave unanswered the observations of the Senator from California, though nothing was further from my expectation when I entered into this discussion than a debate of this nature. I rose at first, as I said at the beginning, from a sense of public duty, to oppose the resolution of the Senator from New York, [Mr. SEWARD.] I oppose it

Special Session-Resignation of a Senator.

as bad in principle and bad as a precedent. It proposes a large and useless expenditure of public money. It proposes to extend and perpetuate a bad system. And an effort is made to force this resolution through at the very close of a special session, when it is almost impossible to obtain a quorum to do any business. I resist it. I think it wrong; and I hope to find a majority of the Senate, should the resolution ever be brought to a vote, of the same opinion.

Mr. BRODHEAD. This is a very thin Senate. There must be a very large majority in favor of the resolution; but still, if the Senator from Ohio insists on a division, we had better understand it now, and adjourn if we cannot muster a quorum. I think myself that we had better pass the resolution to give four dollars to the Intelligencer for what they have published, and will publish, of the debates of the last session. The most of the speeches have been published, and there are but few to be published; and I therefore hope that, by general consent, we will pass the resolution now.

Mr. CHASE. I will say in reply to the Senator from Pennsylvania, that my deliberate judgment is, that it is not right for the Senate to pass resolutions involving a large expenditure of public money without a quorum. I cannot, for one, consistently with my views of public duty, permit it.

Mr. BRODHEAD. I think it is generally known that I am on the side of economy; but this will not take a large expenditure of public money. There are certainly Senators enough here to adopt the resolution, and there is a large majority of those who are present in favor of it.

Mr. JONES, of Iowa, moved that the Senate adjourn.

The motion was not agreed to.

The question being taken on Mr. CHASE'S amendment to insert " the National Era," resulted-ayes 2, noes 19; no quorum voting.

Mr. WELLER. It is evident that there is no quorum present, and we are completely within the power of the two Senators. If they choose to insist upon a division the division will result in a disclosure of the fact that we have no quorum. It is a deliberate attempt on the part of those two Senators to defeat this resolution, or force the National Era into the patronage of the Senate. There is no difficulty in comprehending that this is the determination of the Senator from Ohio; and under the rules of the Senate, if he persists he can succeed in his object. I have no difficulty in understanding it, because he has said that his course is so plain that he who runs may read, but I think that in his case, he who reads will run. [Laughter.]

Mr. SEWARD. I introduced this resolution and I am happy to see that it commands the sup

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SENATE.

port of so large a majority of the body. It is embarrassed by a proposition, whether intended or not, to give to the National Era the printing of the debates of the Senate. I would at all times give such a proposition, if it were presented independently before us, my support, but inasmuch as the pressing of it now is embarrassing the resolution, and as there is no quorum present, I move that the Senate adjourn.

Mr. CHASE. I will merely say one word. It is supposed by some Senators that if the motion to insert the National Era should prevail, I will vote for the resolution. I have already declared the principle on which I proceed. I should not vote for the resolution if this amendment was inserted, but upon the same principles which commend the Intelligencer to the vote of the Senate I say the National Era ought to be included; but still if the resolution were so amended I should vote against it.

The motion was agreed to, and the Senate adjourned.

MONDAY, April 11, 1853.

Prayer by the Rev. J. G. BUTler.

On motion by Mr. HUNTER, the Senate proceeded to the consideration of Executive business; and after some time spent therein, the doors were reopened.

RESIGNATION OF A SENATOR. The PRESIDENT laid before the Senate the which was read: following communication; WASHINGTON, April 11, 1853.

To the President of the Senate: SIR: Having signified to the President my acceptance of the high functions he was pleased to confer on me, I now advise you that I cease from this day to be a member of the august body over which you preside. May I request that you will accept for yourself and tender to the other members of the Senate the expressions of my regret at parting from such associates, and my wishes for the prosperity and happiness of you all.

Your very humble servant,

PIERRE SOULÉ.

ADJOURNMENT.

At the hour of one o'clock, p. m.,

The PRESIDENT said: GENTLEMEN: Before the Senate adjourns, I desire to return my thanks for the very kind and complimentary resolution unanimously passed on Saturday last, and to assure the Senate that so long as I shall have the honor of continuing Presiding Officer, my highest ambition will be to retain the personal regard and confidence of my colleagues. In pursuance of the resolution adopted on Saturday last, I now declare the Senate adjourned sine die.

OF THE

UNITED STATES,

PUBLIC, I.-An Act making an appropriation for | bringing to the seat of Government the Votes for President and Vice President of the United States. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That a sum not exceeding twenty thousand dollars be, and the same is hereby, appropriated, out of any money in the Treasury not otherwise appropriated, for the payment of the sums due by law to the several messengers of the respective States, as compensation for conveying to the seat of Government the vote of the Electors of the said States for President and Vice President of the United States.

APPROVED, December 16, 1852. PUBLIC, II.-An Act to amend the act approved the thirty-first August, eighteen hundred and fifty-two, in reference to the appropriation for continuing the survey of the Mexican Boundary.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, for the purpose of continuing the survey of the Mexican boundary, it shall be lawful to use so much of the appropriation provided by the act approved thirty-first August, eighteen hundred and fifty-two, entitled "An act making appropriations for the civil and diplomatic ex'penses of the Government for the year ending the thirtieth June, eighteen hundred and fifty-three, and for other purposes,' as may be required in running and marking said boundary under the treaty of Guadalupe Hidalgo, on the Rio Grande, below the town called "Paso," and in defraying any necessary expenses heretofore incurred, or that may hereafter be incurred, connected with said survey.

APPROVED, December 23, 1852.

PUBLIC, III.-An Act authorizing the Secretary of the Treasury to issue Registers to Vessels in certain

cases.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Treasury be, and he hereby is, authorized to issue a register or enrollment for any vessel built in a foreign country whenever such vessel may have been, or shall hereafter be, wrecked in the United States, and have been, or shall hereafter be, purchased and repaired by a citizen or citizens thereof: Provided, That it shall be proved to the satisfaction of the

PUBLIC, IV.-An Act to amend an act entitled "An act to establish the Territorial Government of Oregon," approved August fourteenth, eighteen hundred and forty-eight.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Legislative Assembly of the Territory of Oregon be, and hereby are, authorized in all cases where the sixteen or thirty-six sections, or any part thereof, shall be taken and occupied under the law making donations of land to actual settlers, or otherwise to cause the county commissioners of the several counties in said Territory, or such other officer or officers as they shall direct, to select, in lieu thereof, an equal quantity of any unoccupied land in sections, or fractional sections, as the case may be.

SEC. 2. And be it further enacted, That when selections are made in pursuance of the provisions of the first section of this act, said lands so selected, and their proceeds, shall be forever inviolably set apart for the benefit of common schools.

APPROVED, January 7, 1853.

PUBLIC, V.-An Act granting to the Sackett's Harbor and Ellisburg Railroad Company the right of way through the military reservation at Sackett's Harbor, New York.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the right of way through the public lands of the United States lying in the village of Sackett's Harbor, in the county of Jefferson and State of New York, be, and is hereby, granted to the Sackett's Harbor and Ellisburg Railroad Company: Provided, That, in the opinion of the President of the United States, such grant be not injurious to the public interest, and that the location shall be approved by the President as to the position and width of the said railroad: And provided further, That if the said railroad shall not be completed within two years, or if at any time after its completion the said railroad be discontinued or abandoned, the grant shall cease and determine.

APPROVED, January 7, 1853.

for the construction of Roads in the Territory of Minnesota.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums of money be, and they are hereby, appropriated for the construction of roads in the Territory of Minnesota, in addition to the sums heretofore appropriated for the same objects, by the act approved July eighteenth, eighteen hundred and fifty, to wit: For the construction of a road from Point Douglass, on the Mississippi river, to the falls or rapids of the direct and convenient route between those points, Saint Louis river of Lake Superior, by the most twenty thousand dollars; for the construction of a road from Point Douglass to Fort Gaines, now Fort Ripley, ten thousand dollars; for the construction of a road from the mouth of Swan river, or the most expedient point near it, north or south of said river, to the Winnebago agency at Long Prairie, five thousand dollars; and for the construction of a road from Wabashaw to Mendota, five thousand dollars; and for the survey and lay

ing out of a military road from Mendota to the mouth of Big Sioux river, on the Missouri, five thousand dollars. The said roads to be constructed under the direction of the Secretary of War, pursuant to contracts to be made by him. APPROVED, January 7, 1853.

PUBLIC, VII.-An Act authorizing certain Soldiers of the late war with Great Britain to surrender the Bounty Lands drawn by them, and to locate others in lieu thereof.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That it shall and may be lawful for any soldier in the late war with Great Britain, to whom bounty land has been allotted and patented in any State of this Union, by virtue of the laws of the United States passed prior to the year 1850, which was and is unfit for cultivation, to surrender said patent, and to receive in lieu thereof the same quantity of any of the public land subject to private entry at the minimum price as he may select: Provided, That before receiving such new land it shall be proved to the satisfaction of the Commissioner of the General Land Office that the land so allotted and patented to said soldier is unfit for cultivation, and that said soldier has never disposed of his interest in said land by any sale of

32D CONG.....2D SESS.

his own, and that the same has not been taken or disposed of for his debts due to any individual, and that he shall release all his interest in the same to the United States in such way as said Commissioner shall prescribe; and such surrender and location shall be made within five years from the passage of this act.

APPROVED, January 7, 1853.

PUBLIC, VIII.-An Act for the construction of Military Roads in Oregon Territory.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums of money be, and the same are hereby, appropriated for the construction of military roads in the Territory of Oregon, to wit: For the construction of a road from Stilacoomb, on Puget's sound, to Fort WallaWalla, twenty thousand dollars; and for the construction of a road from the mouth of Myrtle creek, on the Umpqua river, to Camp Stuart, in Rogue River valley, twenty thousand dollars; the said roads to be constructed under the direction of the Secretary of War, pursuant to contracts to be made by him.

APPROVED, January 7, 1853.

PUBLIC, IX.-An Act making appropriations for the payment of Invalid and other Pensions of the United States for the year ending the thirtieth of June, one thousand eight hundred and fifty four.

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, out of any money in the Treasury not otherwise appropriated, for the payment of pensions for the year ending the thirtieth of June, one thousand eight hundred and fifty-four: For invalid pensions under various acts, four hundred and eighty thousand dollars.

For pensions to widows and orphans under the acts of July the fourth, one thousand eight hundred and thirty-six, and July the twenty-first, one thousand eight hundred and forty-eight, twentyeight thousand dollars.

For pensions to widows under the act of seventh July, one thousand eight hundred and thirty-eight, ninety thousand dollars.

For pensions to widows under the act of third March, one thousand eight hundred and fortythree, thirty thousand dollars.

For pensions to widows under the acts of the seventeenth of June, one thousand eight hundred and forty-four, second of February, one thousand eight hundred and forty-eight, and twenty-ninth of July, one thousand eight hundred and forty-eight, two hundred and seventy-two thousand dollars.

For half-pay pensions to widows and orphans provided for by the eleventh section of an act approved January the twenty-ninth, one thousand eight hundred and thirteen, and the first and second sections of an act approved the sixteenth of April, one thousand eight hundred and sixteen, in addition to an unexpended balance, ten thousand dollars.

APPROVED, January 20, 1853.

PUBLIC, X.-An Act to surrender to the State of Ohio the unfinished portion of the Cumberland Road in said State.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That so much of the Cumberland road, in the State of Ohio, as lies between the city of Springfield, in Clark county, Ohio, and the west line of said State, and all the interest of the United States in the same, together with all the timber, stone, and other materials belonging to the United States, and procured for the purpose of being used in the construction of said road, and all the rights and privileges of every kind belonging to the United States, as connected with said road, be, and the same are hereby, transferred and surrendered to the said State of Ohio.

APPROVED, January 20, 1853.

PUBLIC, XI.-An Act making appropriation for the payment of Navy Pensions for the year ending the thirtieth of June, one thousand eight hundred and fifty-four.

Be it enacted by the Senate and House of Repre

Laws of the United States.

low any ministers of the gospel, not more than three in number, and any of his or her near relatives, to be present thereat; but no person or persons other than those in this act mentioned, and no person whatever, under the age of twenty-one

sentatives of the United States of America in Congress assembled, That the following sum be, and the same is hereby, appropriated out of any money in the Treasury not otherwise appropriated, for the pay of navy pensions for the year ending the thirtieth of June, one thousand eight hundred and fifty-years, shall be allowed to witness any such exefour.

For invalid pensions, twenty-five thousand dollars.

APPROVED, January 20, 1853.

PUBLIC, XII.-An Act to amend an act entitled" An act for the discontinuance of the Office of Surveyor General in the several Districts so soon as the surveys therein can be completed, for abolishing Land Offices under certain circumstances, and for other purposes.

cution.

APPROVED, January 25, 1853.

PUBLIC, XV.-An Act to extend the provisions of an act approved the third of March, eighteen hundred and forty-seven, and the act approved the twentysixth of February, eighteen hundred and forty nine, for carrying into effect the existing Compacts with the States of Alabama and Mississippi, in relation to the five per cent. fund and school reservations. Be it enacted by the Senate and House of Repreassembled, That the provisions of "An act to amend an act entitled An act to amend an act to carry into effect, in the States of Alabama and Mississippi, the existing compacts with those States with regard to the five per cent. fund and school reservations,' " approved March the third, one thousand eight hundred and forty-seven, and the act to extend the provisions of said act, approved February twenty-sixth, eighteen hundred and forty-nine, be, and the same are hereby, extended, so as to allow the State of Alabama three years from the passage of this act to complete the selections of land authorized by the said acts to which this is an amendment.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress sentatives of the United States of America in Congress assembled, That in all cases where, as provided in the first section of the act entitled "An act for the discontinuance of the office of surveyor general in the several districts so soon as the surveys therein can be completed, for abolishing land offices under certain circumstances, and for other purposes," approved the twelfth of June, eighteen hundred and forty, the field notes, maps, records, and other papers appertaining to land titles in any State, shall have been, or shall be, turned over to the authorities of such State, and the same authority, powers, and duties in relation to the survey, resurvey, or subdivision of the lands therein, and all matters and things connected therewith, as previously exercised by the surveyor general, whose district included such State, shall be and they are hereby vested in and devolved upon the Commissioner of the General Land Office.

SEC. 2. And be it further enacted, That under the authority and direction of the Commissioner of the General Land Office, any deputy surveyor or other agent of the United States shall have free access to any such field notes, maps, records, and other papers for the purpose of taking extracts therefrom or making copies thereof without charge of any kind.

SEC. 3. And be it further enacted, That the field notes, maps, records, and other papers mentioned in the first section of the act to which this is an amendment, shall in no case hereafter be turned over to the authorities of any State, until such State shall have provided by law for the reception and safe-keeping of the same as public records, and for the allowance of free access to the same by the authorities of the United States, as herein provided.

APPROVED, January 22, 1853.

PUBLIC, XIII.-An Act to erect at the Capital of the Nation an Equestrian Statue of Washington. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the sum of fifty thousand dollars is hereby appropriated to enable the President of the United States to employ Clark Mills to erect, at the city of Washington, a colossal equestrian statue of George Washington, at such place on the public grounds in said city as shall be designated by the President of the United States. APPROVED, January 25, 1853.

PUBLIC, XIV. An Act to prohibit Public Executions in the District of Columbia.

APPROVED, January 25, 1853.

PUBLIC, XVI.-An Act concerning Bail in Civil Causes in the District of Columbia.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That from and after the passage of this act, no person shall be held to bail in the District of Columbia in any action of debt, assumpsit, or other action founded on or arising out of any contract or agreement, or in any suit or proceeding in equity brought or prosecuted for enforcing the payment of any debt, or of any sum or sums of money due or claimed to be due by reason of any contract or agreement; and any person now held to bail or imprisoned for want of bail in any such action, suit, or proceeding, shall, in term time, or to any judge thereof in vacation, on application to the Circuit Court of said District be discharged on filing a common appearance. APPROVED, February 3, 1853.

PUBLIC, XVII.-An Act to continue Half Pay to certain Widows and Orphans.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all widows and orphans who were granted and allowed five years' half pay by the provisions of the act approved the twenty-first eight, entitled "An act amending the act granting day of July, one thousand eight hundred and fortybands or fathers have died of wounds received in half pay to widows or orphans where their husthe military service of the United States, in case of deceased officers and soldiers of the militia and volunteers, passed July fourth, one thousand eight hundred and thirty-six," or an act approved the twenty-second day of February, one thousand eight hundred and forty-nine, entitled "An act granting five years' half pay to certain widows and orphans of officers, non-commissioned officers, musicians, and privates, both regulars and volunteers, "be and they are hereby granted a continuance of said half pay, under like limitations and restrictions, for a further period of five years, to commence at the expiration of the half pay

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That persons now under sentence of death, or who shall hereafter be adjudged to suffer death, within the District of Columbia, shall be executed within the walls of some prison in the said District, or within a yard or enclosure adjoin-provided for by the aforesaid acts: Provided, howing such prison, and not elsewhere; and it shall be the duty of the Marshal of the District, or one of his deputies, with such officers of the prison, constables, and other peace officers as such marshal or deputy may deem necessary and proper, to attend at such executions.

SEC. 2. And be it further enacted, That the said marshal, or his deputy, shall invite the District Attorney and the counsel of the prisoner, two or more physicians, and twelve respectable citizens, to be present at every such execution; and, at the request of the person to be executed, shall also al

ever, That in case of the death or marriage of such widow before the expiration of said term of five years, the half pay for the remainder of the term shall go to the child or children of the deceased officer or soldier, whilst under the age of sixteen years; and in like manner, the child or children of such deceased, when there is no widow, shall be paid no longer than while there is a child or children under the age aforesaid: And provided further, That no greater sum shall be allowed in any case to the widow or the child or children of any officer than the half pay of a lieutenant colonel: And

32D CONG.....2D SESS.

assembled, That the right of way, sixty feet in width, through the lands in which the St. Louis Arsenal, the St. Louis Marine Hospital, and Jefferson Barracks, are situated, in the State of Mis- || souri, be, and the same is hereby, granted to the St. Louis and Iron Mountain Railroad Company, for the construction of a railroad from the city of St. Louis through said lands: Provided, That the location of said road through the lands aforesaid shall be made subject to the approval of the Secretary of War: Provided further, That said location can be made without injury to the public interest, in the opinion of the said Secretary of War.

SEC. 2. And be it further enacted, That the right of way be, and the same is hereby, granted to the Cleveland and Pittsburgh Railroad Company, and also the right of way to the Cleveland, Painesville, and Ashtabula Railroad Company, across the hospital grounds, so called, belonging to the United States, in the city of Cleveland, in the State of Ohio; the width of each of said roads across said hospital grounds not to exceed sixty feet, where said roads are now respectively located: Provided, That said conveyances can, in the opinion of the Secretary of the Treasury, be made without detriment to the interests of the United States: And provided further, That the said grant shall be, and is hereby, made subject to such conditions as the said Secretary of the Treasury shall impose on the said companies, respectively, for the protection and security of the grounds from abrasions by the waters of Lake Erie: And provided further, That whenever the said roads shall be discontin ued or abandoned, or the conditions of this grant shall be violated, all rights under this act shall cease and determine.

SEC. 3. And be it further enacted, That the right of way shall be, and hereby is, granted to the Alleghany Valley Railroad Company for the road of the said company, over and across the grounds of the United States, at and near the Alleghany Arsenal, in the county of Alleghany and State of Pennsylvania: Provided, That the route of the said railroad across the said grounds shall be approved by the Secretary of War before the same is entered upon for the purpose of constructing said railroad: And provided further, That the same can be granted without detriment to the public interest, in the opinion of the Secretary of War. APPROVED, February 14, 1853.

PUBLIC, XXIII.—An Act to amend an act entitled

"An act to create the Office of Surveyor General of the Public Lands in Oregon, and to provide for the survey, and to make donations to the Settlers of the said Public Lands," approved September twentyseventh, eighteen hundred and fifty.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all persons who have located, or may hereafter locate, lands in the Territory of Oregon in accordance with the provisions of an act entitled "An act to create the office of surveyor general of the public lands in Oregon, and to provide for the survey, and to make donations to the settlers of the said public lands," approved September twenty-seventh, eighteen hundred and fifty, and of which survey shall have been made, or may hereafter be had, in lieu of the term of continued occupation after settlement, as provided by said act, shall be permitted, after occupation for two years of the land so claimed, to pay into the hands of the surveyor general of said Territory at the rate of one dollar and twenty-five cents per acre for the lands so claimed, located, and surveyed as aforesaid; and upon the death of any settler before the expiration of the two years' continued possession required by this act, all the rights of the deceased under this act shall descend to the heirs-at-law of such settler, including the widow, where one is left, in equal parts; and proof of compliance with the conditions of this act, up to the time of the death of such settler, shall be sufficient to entitle them to the patent.

SEC. 2. And be it further enacted, That upon the payment of money for lands as aforesaid to the said surveyor general, he shall issue his certificate of such payment, together with an accurate copy of the survey of the land so located and purchased, to the purchaser thereof, and upon the filing of which said certificate and copy of survey in the

Laws of the United States.

office of the Commisioner of the General Land Office, a patent shall issue therefor as in other cases. SEC. 3. And be it further enacted, That it shall be the duty of the said surveyor general to keep and preserve a record of all money so received, and to make out and transmit quarterly, to the Commissioner of the General Land Office, an accurate report of the moneys so received by him as aforesaid.

SEC. 4. And be it further enacted, That it shall be the duty of the said surveyor general, immediately upon the taking effect of this act, to enter into security in the sum of fifty thousand dollars, conditioned for the safe-keeping of all moneys received by him as surveyor general, according to law: Provided, however, That in order to compensate the surveyor general of said Territory for the additional labors and responsibility imposed upon him by this act, in receiving, safe-keeping, paying over, and accounting for the moneys aforesaid, he shall receive two per centum on all such sums, which shall include the payment for clerk hire, together with all costs and expenses incidental to such special services in any one year: Provided, The salary and percentage of said surveyor general and for clerk hire shall not exceed four thousand dollars for any one year.

SEC. 5. And be it further enacted, That the provisions of the act to which this is an amendment be, and the same are hereby, extended and continued in force until the first day of December, eighteen hundred and fifty-five.

SEC. 6. And be it further enacted, That every person entitled to the benefit of the fourth section of the act of which this is amendatory, who was resident in said Territory on or prior to the first of December, eighteen hundred and fifty, shall be, and hereby is, required to file with the surveyor general of said Territory, in advance of the time when the public surveys shall be extended over the particular land claimed by him, where those surveys shall not have been made previous to the date of this act, a notice in writing, setting forth his claim to the benefits of said section, and citing all required particulars in reference to such settlement claim; and all persons failing to give such notice on or prior to the first of December, eighteen hundred and fifty-three, shall be thereafter debarred from ever receiving any benefit under said fourth section. And all persons who, on the first of December, eighteen hundred and fifty-three, shall have settled on surveyed lands in said Territory, in virtue of the provisions of the fifth section of the act of which this is amendatory, who shall fail to give notice in writing of such settlement, specifying the Territory, on or prior to the first of April, eighteen particulars thereof to the surveyor general of said hundred and fifty-five, shall thereafter be debarred from ever receiving the benefits of said fifth section.

SEC. 7. And be it further enacted, That from and after the first of April, eighteen hundred and fifty-five, all public lands within the limits of the townships surveyed or to be surveyed in said Territory, west of the Cascade mountains, which shall not have been claimed under the provisions of the fourth and fifth sections of the act of which this is amendatory, or reserved for public uses by law, or order of the President, and excepting also mineral lands, shall be subject to public sale and private entry as other public lands of the United States; and so soon as he shall deem expedient, the President of the United States shall, by and with the advice and consent of the Senate, appoint a receiver of public moneys for the Territory of Oregon, west of the Cascade mountains, who shall give bond and security, in the penalty of fifty thousand dollars, for the faithful discharge of his official trust, and whose duties, under the laws in relation to the public lands of the United States in said Territory, shall be the same as those of other like officers of the United States, and who shall be allowed not exceeding five hundred dollars per annum for the safe-keeping and accounting for the public moneys by him received, including all charges for office rent and clerk hire; and at such time as the President of the United States shall deem it expedient, he shall appoint, by and with the advice and consent of the Senate, a register of the land office for the Territory of Oregon, west of the Cascade mountains, who shall enter into bond, with sufficient security, for the faithful dis

charge of his official duties, as other like officers, and whose duties and authority, under the direction of the Secretary of the Interior, shall be the same as those imposed by law on other like officers, consistently with the provisions of this act and of the act of which this is amendatory, and whose compensation shall be equal to that allowed to the receiver of public moneys to be appointed under this act; and until such register shall have been appointed, and entered upon the discharge of his official duties, the surveyor general of Oregon shall perform all the duties which shall appertain to such office.

SEC. 8. And be it further enacted, That each widow now residing in Oregon Territory, and such others as shall locate in said Territory, whose husband, had he lived, would have been entitled to a claim under the provisions of the act to which this is an amendment, shall be entitled, under the provisions and requirements of said act, to the same quantity of land that she would have been but for the death of her husband; and that in case of the death of the widow prior to the expiration of the four years' continued possession required by said act, to which this is an amendment, all the rights of the deceased shall inure unto and be vested in the heirs-at-law of such widow.

SEC. 9. And be it further enacted, That all reservations heretofore, as well as hereafter, made in pursuance of the fourteenth section of the act to which this is an amendment, shall, for magazines, arsenals, dock-yards, and other needful public uses, except for forts, be limited to an amount not exceeding twenty acres for each and every of said objects at any one point or place, and for forts to an amount not exceeding six hundred and forty acres at any one point or place: Provided, That if it shall be deemed necessary, in the judgment of the President, to include in any such reservation the improvement of any settler made previous to such reservation, it shall, in such case, be the duty of the Secretary of War to cause the value of such improvements to be ascertained; and the amount so ascertained shall be paid to the party entitled thereto, out of any money in the Treasury not otherwise appropriated.

SEC. 10. And be it further enacted, That the said surveyor general, in the discharge of his duties under this act, shall be subject to all the provisions of the act entitled "An act to provide for the better organization of the Treasury, and for the collection, safe-keeping, transfer, and disbursement of the hundred and forty-six; and all acts and parts of public revenue, approved August sixth, eighteen acts in conflict with the provisions of this act be, and the same are hereby, repealed.

APPROVED, February 14, 1853. 1

PUBLIC, XXIV.—An Act to prevent in certain cases a Failure or Delay of Justice in the Courts of the District of Columbia.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That where, at any term of the Circuit or Criminal Court of the District of Columbia, a jury shall be empanneled to try any cause or any issue or issues joined in any cause, and it shall happen that no verdict shall be found, nor the jury otherwise discharged before the day appointed by law for the commencement of the next succeeding term, the Court shall and may, nevertheless, proceed with the trial by the same jury in every respect as if such term had not commenced; and all subsequent proceedings to final judgment, if such judgment shall be rendered, shall be entered and have legal effect and operation as of the term at which the jury shall have been empanneled, any law or usage to the contrary notwithstanding. APPROVED, February 16, 1853.

PUBLIC, XXV.-An Act amendatory of existing laws relative to the Half Dollar, Quarter Dollar, Dime, and Half Dime.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That from and after the first day of June, eighteen hundred and fifty-two, the weight of the half dollar or piece of fifty cents shall be one hundred and ninety-two grains, and the quarter dollar, dime, and half dime, shall be, respectively,