CHAP. 4. An ACT making a partial appropriation for the suppression of Indian 1838. hostilities for the year eighteen hundred and thirty-eight. [SEC. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the sum of one million of dollars shall be, and $1,000,000 apthe same is hereby, appropriated, out of any money in the propriated. Treasury not otherwise appropriated, to defray any expenses which have been, or may be, incurred, in preventing or suppressing the hostilities of any Indians, in the year eighteen hundred and thirty-eight; to be expended under the direction To be expeudof the Secretary of War, conformably to the acts of Congress tion of Sec. War, of the nineteenth of March and the second of July, eighteen conformably, &c. hundred and thirty-six, and of the acts therein referred to. Approved, January 30th, 1838. ed under direc CHAP. 5. An ACT making an appropriation for the protection of the northern frontier of the United States. $625,500 appro priated. [SEC. 1.] Be it enacted by the Senate and House of Repre sentatives of the United States of America in Congress assembled, That the sum of six hundred and twenty-five thousand five hundred dollars shall be, and the same is hereby, appropriated, out of any unappropriated money in the Treasury, to defray any expenses which have been or may be incurred in protecting the northern frontier of the United States, by calling out, under the direction of the President of the United States, any part of the militia or volunteers, according to the provisions of the Constitution and laws; which sum, if required, shall be expended under the direction of the Secretary of War, conformably to the provisions of the act of Congress of January of second, seventeen hundred and ninety-five; of the act of April fifth, eighteen hundred and thirty-two, making appropriations for the support of the army; and of the act of March nineteenth, eighteen hundred and thirty-six, providing for the pay ment of volunteers and militia corps in the service of the United States. Approved, January 30th, 1838. Which sum, if required, shall be expended unthe Secretary ably, &c. der the direction of War, conform CHAP. 6. An ACT to authorize the Commissioner of the Patent Office to issue a patent to James Smith. Pat. Off autho [SEC. 1.] Be it enacted, by the Senate and House of Representatives of the United States of America in Congress assembled, That the Commissioner of the Patent Office be, and Com'r. of the he is hereby, authorized to issue, on application therefor at any rized to issue a time within six months from the passage of this act, a patent to if applied James Smith, a British subject, being of the county of Perth, for within six in Scotland, for his invention of certain improvements in the tain improveself-acting mule for spinning cotton and other fibrous materials, acting mule for for which said Smith took out letters patent in England, sealed pinning cotton, Smith, months, for cer ments in the self 1838. &c., shall have the twentieth day of February, one thousand eight hundred and thirty-four, not withstanding the lapse of more than six months since the publication of the said letters patent; the said Commissioner being governed in all other respects, in issuing such patent, by the provisions of the existing general laws relating to the granting and issuing of patents for new inventions and The patentee, discoveries. And said patentee and his assigns shall have and the same rights possess the same rights by virtue of such patent, if any shall be if the original let granted, as he would have and possess if the said original letnot been issued, ters patent had not been issued and published, and no other: Provided however, That such patent shall be limited to the time Further provi- for which said original letters patent were granted: And provided, also, That the same shall not interfere with, or affect the rights of any person, acquired by purchasing, constructing, or using said invention, prior to the granting of the patent herein authorized. Approved, February 2d, 1838. as he would have ters patent had &c. Proviso. credit E. W. Du CHAP. 7. An ACT for the relief of the administrators of Edward W. Duval. [SEC. 1.] Be it enacted by the Senate and House of Repre sentatives of the United States of America in Congress asSec. Treas, to sembled, That the Secretary of the Treasury be, and he hereby val with $1,457. is, authorized and required to admit to the credit, on the books 75 expended on an indian reser- of the Treasury, of Edward W. Duval, in the settlement of his vation taken from him by the account, the sum of one thousand four hundred and fifty-seven Gov't, and after dollars and seventy-five cents, in consideration, in full, for that amount of judg. amount expended by him on an Indian reservation purchased against him in by him from the Government, in or about the year eighteen the U. S. Court hundred and twenty-six, and subsequently, that is, in April, over the balance eighteen hundred and thirty-two, taken from the said Duval administrators, by the Government; and after deducting from the aforesaid deducting the ment obtained in Penn., to pay of $312.27 to his &c. amount, which is to be credited to the said Duval, as on the twenty-sixth day of April, eighteen hundred and thirty-two, the sum of one thousand eighty-five dollars and twenty-eight cents, the amount of a judgment obtained against the said Duval in the United States court in Pennsylvania, the Secretary of the Treasury shall, out of any money in the Treasury not otherwise appropriated, pay over the balance of three hundred and forty-two dollars and twenty-seven cents, to the administrators of E. W. Duval; and thereupon the said administrators shall stand fully discharged from the further force and effect of the aforesaid judgment against them. Approved, February 15th, 1838. CHAP. 8. An ACT to amend the act entitled "An act for the relief of James [SEC. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress as 1838. Steel, daughter sembled, That Elizabeth Steel, daughter of James Steel, be, and she hereby is authorized and empowered to claim and receive Elizabeth for, and in behalf of, him, the said James Steel, the pension of James Steel, granted to him by the act to which this is an amendment, on authorized to refurnishing satisfactory proof of the identity and residence of half the pension the said James Steel and Elizabeth his daughter. Approved, February 15th, 1838. ceive in his be granted to him, &c. CHAP. 9. An ACT for the relief of Jesse E. Dow. Sec. Treas. Lo pay J. E. Dow moiety of the mo of criminal pm [SEC. 1.] 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 pay to Jesse E. Dow, out of any money not otherwise appropriated, one hundred 100, being one dollars, being one moiety of the money paid to the United States, ney paid to the by reason of criminal proceedings against A. Baker, alias Wil-U. S. by reason liam A. Chelsey, in the United States district court in the district ceedings against court of the district of Massachusetts, on the complaint and wm. A. Chelsey, prosecution of the said Jesse E. Dow, for violating the act of April thirtieth, seventeen hundred and ninety, entitled "An act for the punishment of certain crimes against the United States." Approved, February 22d, 1838. A. Baker, alias &c. CHAP. 10. An ACT for the relief of John B. Perkins. Sec. Treas to pay John B. Per horse lost in the [SEC. 1.] 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 pay to John B. Perkins ninety-five dollars compensation for a horse lost for want kins 890 for a of forage, on the fourth of May, eighteen hundred and eighteen, service of the while engaged in the service of the United States, in the Seminole campaign, out of any money in the Treasury not otherwise appropriated. Approved, February 22d, 1838. U.S. CHAP. 11. An ACT for the relief of the legal representatives of John McCarty, deceased. pay the legal re $1000 for a house [SEC. 1.] 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 pay to the legal Sec. Treas. to representatives of John McCarty, deceased, out of any money presentatives of in the Treasury not otherwise appropriated, one thousand dol-John McCarty. lars, in full payment for his house, burnt by the enemy, at Farn- burnt by the ene ham, Virginia, in the year eighteen hundred and fourteen, in consequence of said house having been occupied as a place of deposite for military stores and ammunition during the late war. Approved, February 22d, 1838. 1838. Court U. S. esta CHAP. 12. An ACT to abolish the Circuit Court at Huntsville in the State of [SEC. 1.] Be it enacted, by the Senate and House of Repreentatives of the United States of America in Congress asThe Circuit sembled, That the Circuit Court of the United States, established ished at Hunis at Huntsville in the State of Alabama, by the act of Congress ville by act 3d of the third of March, eighteen hundred and thirty-seven, enlished. titled "An act supplementary to the act entitled 'An act to amend the judicial system of the United States,"" be, and the same is hereby abolished. March 1837, abo tion which be Dist. Court U. S. passage of act 3d stored, &c. The jurisdic- SEC. 2. And be it further enacted, That all the jurisdiction longed to the which belonged to the District Court of the United States, for of N. Dist. of Al. the northern district of the State of Alabama, at Huntsville, at at and before the and before the passage of the said act of Congress of the third March 1837. re of March, eighteen hundred and thirty-seven, be and the same is hereby restored to and vested again in the said District Court, and every act of Congress upon which the jurisdiction of the said District Court depended at and before the passage of the said act of Congress of the third of March eighteen hundred and thirty-seven, is hereby revived, so far as such act or acts gave jurisdiction as the same existed at the time aforesaid, in the said District Court. All causes pending in Cir-. &c. cuit Court to de SEC. 3. And be it further enacted, That all causes at law or cuit Court to be in equity, pending in the said Circuit Court at Huntsville, shall Transferte, to be be transferred to the said District Court at Huntsville, and shall proceeded in, be proceeded in and be determined by the said District Court in the same manner as if they had been originally commenced Clerk of Cir- in the said District Court; and it shall be the duty of the clerk liver to clerk of of the said Circuit Court to deliver to the clerk of the said DisDist. Court the trict Court, the original papers in all such causes, together with the record of all the proceedings had in the said Circuit Court: Provided, That the first term for the trial of the causes hereby transferred shall be the term of the said District Court which will be commenced on the third Monday in May eighteen hundred and thirty-eight. original papers and records. Proviso. Terr of Dist. Court to be held twice in each year. Appeals, &c. to lie from Dist. Court U. S. at Mobile. All process, &c. returnable to Cir SEC. 4. And be it further enacted, That the terms of the said District Court shall be held at the said town of Huntsville, twice in each year, on the third Monday in May, and the fourth Monday in November, annually. SEC. 5. And be it further enacted, That appeals and writs Court to Circuit of error shall lie from the said District Court to the Circuit Court of the United States at Mobile, in the State of Alabama. SEC. 6. And be it further enacted, That all process, bail cuit Court shall bonds, and recognizances returnable to the Circuit Court of the he returnable to United States at Huntsville aforesaid, shall be returnable and held under this returned to the District Court, next held under this act, in the same manner as if so made returnable on the face thereof, and shall have full effect accordingly. Dist. Court next act, &c. Approved, February 22, 1838. L 1838. CHAP. 13. An ACT to amend an act entitled "An act for the appointment of may adjourn such places in and claimants death, &c. of one sioners, the SEC. 2. And be it further enacted, That in case of the death, In case of the resignation, or absence of any one of the said commissioners, of the commisthe remaining two commissioners shall have full power and others may act. authority to proceed and execute the powers given by this act or the act hereby amended. to have power to nesses, &c. also, &c. to employ in SEC. 3. And be it further enacted, That the said commis- Commissioners sioners shall have all the power of a court of record, for the compel the atpurpose of compelling the attendance of witnesses, administer- tendance of witing oaths, touching matters depending before them, preserving to make rules for, order, and punishing contempts; and shall have power to make terpreters, &c. all needful rules for the regulation of the proceedings before them, as well as to employ one or more interpreters, and one or more agents to collect testimony for the United States. tingent expenses sion. Said act con SECTION 4. And be it further enacted, That for defraying $5000 approprithe contingent expenses of the said commission, the sum of ated for the confive thousand dollars be, and the same is hereby, appropriated, of the commis out of any money in the Treasury not otherwise appropriated. SEC. 5. And be it further enacted, That the said act shall be and remain in force until the first day of August next. SEC. 6. And be it further enacted, by the authority aforesaid, That the compensation to be made to the district attorney for his services, shall be equal to the compensation allowed to a commissioner under the act hereby amended. SEC. 7. And be it further enacted, That nothing contained in this act, or the act which this is intended to amend, shall be so construed, as to embrace the claim of any Indian or head of a Choctaw family, who has removed west of the Mississippi river. tinued till 1st August next. Dist. Atty. to compensation as receive the same Claims of Inremoved west of dians who have the Mississippi not embraced. substitute the Indian for his • SEC. 8. And be it further enacted, That if it shall be proved Any claimant stricken from the 2 |