UNITED STATES LAWS FOR 1851. TITLES AND ABSTRACTS OF THE PUBLIC LAWS, Passed at the 2d Session of the XXXIst Congress. An Act to grant the Right of Preemption to cer- parties to the contest being present. The person tain Purchasers and Settlers on the "Maison Rouge before whom evidence may be taken has power Grant," in the event of the final Adjudication of the to require the production of papers pertaining Title in favor of the United States.-This act to the contest, and is required to transmit the authorizes certain purchasers under the Maison evidence taken to the Clerk of the House of Rep Rouge Grant, or their legal representatives, in resentatives. Rules of testimony are prescribed, case of the confirmation of the title of the United and heavy penalties attached to the wilful neglect States to the track, to enter the land so purchased, of witnesses to attend and testify. prior to the 1st of March, 1849, giving the claimants twelve months, after due notice, to enter and pay for the land at the minimum price of the Government lands. To Settle and Adjust the Expenses of the People of Oregon, in defending themselves against the Cayuse Indians, in 1847-8.-Appropriates one hundred thousand dollars, to carry the act into effect. To Create Additional Collection Districts in Oregon, and for other Purposes-Creates three Collection Districts in the Territory of Oregon, with a port of entry to each, viz.: Umpqua, embracing the territory lying between 42d and 44th degrees of North latitude, with Scottsville for the port of entry and delivery; the District of Oregon, embracing that portion of the territory lying between 44th and 46th degrees of North latitude, on the east side of the coast range of mountains, and extending to the 48th degree of North lati tude on the west side of said mountains, with Astoria for the port of entry; and the District of Puget's Sound, extending north from the District of Oregon to the British Possessions, with Olym pia as a port of entry and delivery. Nasqually and Portland are continued as ports of delivery, with Surveyors to reside thereat. To amend an Act entitled 'An Act to establish the Territorial Government of Oregon,' and 'An Act to establish the Territorial Government of Minnesota'-Authorizes the Legislative Assemblies of Oregon and Minnesota to employ a clerk for each branch thereof. To authorize the Legislative Assemblies of Oregon and Minnesota to take charge of the School Lands in said Territories and for other purposes Appropriates two townships of land in Minnesota for the support of a University in that Territory To prescribe the Mode of Obtaining Evidence in cases of Contested Elections-Provides that any person intending to contest any Election for Member of the House of Representatives shall give notice to his opponent of such intention within thirty days after the election is declared, and that the member on whom such notice may be served shall answer within thirty days thereafter, admitting or denying the facts alleged, and stating specifically any other grounds upon which he rests the validity of his election, and shall serve a copy of his answer upon the contestant. Testimony may be taken before any Judge. Justice, Mayor, or Recorder, in the Congressional District, both An Act to supply Deficiencies in the Appropria- For the Payment of Pensions For Miscellaneous Purposes Total Deficiencies... $670,144 349,828 1,238,709 496,964 $2,755.645 Making Appropriations for the Payment of Revolutionary and other Pensions of the United States, for the year ending June 30, 1852-Appropriates $2,151,900, for carrying the act into effect. Making Appropriations for the Expenses of Superior and Mississippi. Other tribes, &c., &c... 70.800 89.840 85,180 73,680 363,545 Total Indian Appropriations.. $804,545 An Act to reduce and modify the Rates of Postage in the United States, and for other Purposes. atives of the United States of America in Congress Be it enacted by the Senate and House of Representassembled, That from and after the thirtieth day of June, eighteen hundred and fifty-one, in lieu of the rates of postage now established by law, there shall be charged the following rates, to wit:-For every single letter in manuscript, or paper of any or communicated, in writing, or by marks or signs, kind, upon which information shall be asked for, conveyed in the mail for any distance between places within the United States, not exceeding three thousand miles, when the postage upon such letter shall have been prepaid, three cents, and five cents when the postage thereon shall not have been prepaid; and for any distance exceeding three thousand miles, double those rates. For every such single letter or paper when conveyed wholly or in part by sea, and to or from a foreign country, for any distance over twenty-five hundred miles, twenty cents, and for any distance under twentyfive hundred miles ten cents, (excepting, however, all cases where such postages have been or shall chargeable thereon, they shall be weighed when in be adjusted at different rates by postal treaty or a dry state. And whenever any printed matter on convention already concluded or hereafter to be which the postage is required by this section to be made; and for a double letter there shall be charged prepaid, shall, through the inattention of postdouble the rates above specified; and for a treble masters or otherwise, be sent without prepayment, letter treble those rates; and for a quadruple letter the same shall be charged with double the amount quadruple those rates; and every letter or parcel of postage which would have been chargeable not exceeding half an ounce in weight shall be thereon if the postage had been prepaid; but deemed a single letter, and every additional weight nothing in this act contained shall subject to postage of half an ounce, or additional weight of less than any matter which is exempted from the payment of half an ounce, shall be charged with an additional postage by any existing law. And the Postmastersingle postage. And all drop letters, or letters General, by and with the advice and consent of the placed in any post-office, not for transmission, but President of the United States, shall be, and he for delivery only, shall be charged with postage at hereby is, authorized to reduce or enlarge, from the rate of one cent each; and all letters which time to time, the rates of postage upon letters and shall hereafter be advertised as remaining over or all other mailable matter conveyed between the uncalled for, in any post-office, shall be charged United States and any foreign country, for the with one cent in addition to the regular postage, purpose of making better postal arrangements with both to be accounted for as other postages now are. other governments, or counteracting any adverse SEC. 2. And be it further enacted, That all news- measures affecting our postal intercourse with papers not exceeding three ounces in weight, sent foreign countries; and postmasters at the offices of from the office of publication to actual and bona fide delivery are hereby authorized, and it shall be subscribers, shall be charged with postage as fol- their duty, to remove the wrappers and envelopes lows, to wit:-All newspapers published weekly from all printed matter and pamphlets not charged only, shall circulate in the mail free of postage with letter postage, for the purpose of ascertaining within the county where published, and that the whether there is upon or connected with any such postage on the regular numbers of a newspaper printed matter, or in such package, any matter or published weekly, for any distance not exceeding thing which would authorize or require the charge fifty miles out of the county where published, shall of a higher rate of postage thereon. And all pubbe five cents per quarter; for any distance exceed-lishers of pamphlets, periodicals, magazines, and ing fifty miles and not exceeding three hundred newspapers, which shall not exceed sixteen ounces miles, ten cents per quarter; for any distance ex-in weight, shall be allowed to interchange their ceeding three hundred miles and not exceeding publications reciprocally, free of postage: Provided, one thousand miles, fifteen cents per quarter; for That such interchange shall be confined to a single any distance exceeding one thousand miles and copy of each publication: And provided, also, That not exceeding two thousand miles, twenty cents said publishers may enclose in their publications per quarter; for any distance exceeding two thou- the bills for subscriptions thereto, without any adsand miles and not exceeding four thousand miles, ditional charge for postage: And provided further, twenty-five cents per quarter; for any distance ex- That in all cases where newspapers shall not conceeding four thousand miles, thirty cents per quar- tain over three hundred square inches, they may ter; and all newspapers published monthly, and be transmitted through the mails by the publishers sent to actual and bona fide subscribers, shall be to bona fide subscribers, at one fourth the rates charged with one fourth the foregoing rates; and fixed by this act. on all such newspapers published semi-monthly SEC. 3. And be it further enacted, That it shall be shall be charged with one half the foregoing rates; the duty of the Postmaster-General to provide and and papers published semi-weekly shall be charged furnish to all deputy postmasters, and to all other double those rates; tri-weekly, treble those rates; persons applying and paying therefor, suitable and oftener than tri-weekly, five times those rates. postage stamps, of the denomination of three cents, And there shall be charged upon every other news- and of such other denominations as he may think paper, and each circular not sealed, handbill, en- expedient, to facilitate the prepayment of postages graving, pamphlet, periodical, magazine, book, and provided for in this act; and any person who shall every other description of printed matter, which forge or counterfeit any postage stamp provided or shall be unconnected with any manuscript or writ- furnished under the provisions of this or any former ten matter, and which it may be lawful to transmit act, whether the same are impressed or printed on, through the mail, of no greater weight than one or attached to, envelopes or not, or any die, plate, ounce, for any distance not exceeding five hundred or engraving therefor, or shall make or print, or miles, one cent; and for each additional ounce or knowingly use or sell, or have in his possession fraction of an ounce, one cent; for any distance with intent to use or sell, any such false, forged, or exceeding five hundred miles and not exceeding counterfeited die, plate, engraving, or postage one thousand five hundred miles, double those stamp, or who shall make or print or authorize or rates; for any distance exceeding one thousand procure to be made or printed, any postage stamps five hundred miles and not exceeding two thousand of the kind provided and furnished by the Postfive hundred miles, treble those rates; for any dis- master-General as aforesaid, without the especial tance exceeding two thousand five hundred miles authority and direction of the post-office departand not exceeding three thousand five hundred ment, or who, after such postage stamps have miles, four times those rates; for any distance ex- been printed, shall, with intent to defraud the ceeding three thousand five hundred miles, five revenues of the post-office department, deliver any times those rates. Subscribers to all periodicals postage stamps to any person or persons other than shall be required to pay one quarter's postage in such as shall be authorized to receive the same by advance, and in all such cases the postage shall be an instrument of writing, duly executed under the one half the foregoing rates. Bound books, and hand of the Postmaster-General and the seal of the parcels of printed matter not weighing over thirty- post-office department, shall, on conviction thereof, two ounces, shall be deemed mailable matter under be deemed guilty of felony, and be punished by a the provisions of this section. And the postage on fine not exceeding five hundred dollars, or by imail printed matter other than newspapers and pe- prisonment not exceeding five years, or by both riodicals published at intervals not exceeding three such fine and imprisonment; and the expenses of months, and sent from the office of publication to procuring and providing all such postage stamps actual and bona fide subscribers, to be prepaid; and envelopes as are provided for or authorized and in ascertaining the weight of newspapers for by this act, shall be paid, after being adjusted by the purpose of determining the amount of postage the auditor of the post-office department, on the certificate of the Postmaster-General, out of any hundred thousand dollars per year, which shall be money in the treasury arising from the revenues of the post-office department. paid quarterly out of any moneys in the treasury not otherwise appropriated, and the moneys appropriated to the post-office department by the twelfth section of the act "to establish certain post routes and for other purposes," approved March third, eighteen hundred and forty-seven, and remaining undrawn in the treasury, shall continue subject to the requisition of the Postmaster-General for the service of the post-office department, notwithstanding the same may have so remained undrawn for more than two years after it became subject to such requisition. SEC. 4. And be it further enacted, That it shall be the duty of every postmaster to cause to be defaced, in such manner as the Postmaster-General shall direct, all postage stamps attached to letters deposited in his office for delivery, or to be sent by mail; and if any postmaster sending letters in the mail with postage stamps attached shall omit to deface the same, it shall be the duty of the postmaster, to whose office such letters shall be sent for delivery, to deface the stamps and report the delinquent postmaster to the Postmaster-General. And if any SEC. 9. And be it further enacted, That there is person shall use, or attempt to use, in prepayment hereby appropriated out of any moneys in the of postage, any postage stamp which shall have treasury not otherwise appropriated, the sum of been before used for a like purpose, such person five hundred thousand dollars, to supply any defishall be subject to a penalty of fifty dollars for every ciency that may arise in the post-office department. such offence, to be recovered in the name of the SEC. 10. And be it further enacted, That it shall be United States in any court of competent jurisdiction. in the power of the Postmaster-General, at all SEC. 5. And be it further enacted, That lists post-offices where the postmasters are appointed of letters remaining uncalled for in any post- by the President of the United States, to establish office, in any city, town, or village where a news-post routes within the cities or towns, to provide paper shall be printed, shall hereafter be published for conveying letters to the post-office, by estabonce only in the newspaper which, being issued lishing suitable and convenient places of deposit, weekly or oftener, shall have the largest circulation and by employing carriers to receive and deposit within the range of delivery of the said office to be them in the post-office; and at all such offices it decided by the postmaster at such office, at such shall be in his power to cause letters to be delivered times, and under such regulations as the Postmaster- by suitable carriers, to be appointed by him for that General shall prescribe, and at a charge of one cent purpose, for which not exceeding one or two cents for each letter advertised. And the postmaster at shall be charged, to be paid by the person receiving such office is hereby directed to post in a conspic- or sending the same, and all sums so received shall uous place in his office, a copy of such list, on the be paid into the post-office department: Provided, day, or day after the publication thereof; and if the The amount of compensation allowed by the Postpublisher of any such paper shall refuse to publish master-General to carriers shall in no case exceed the list of letters as provided in this section, the postmaster may designate some other paper for such purpose. Such lists of letters shall be pubSEC. 11. And be it further enacted, That from and lished once in every six weeks, and as much oftener, after the passage of this act, it shall be lawful to not exceeding once a week, as the Postmaster-coin at the mint of the United States and its branches, General may specially direct; Provided, That the a piece of the denomination and legal value of Postmaster-General may, in his discretion, direct three cents, or three hundredths of a dollar, to be the publication of German and other foreign letters composed of three fourths silver and one fourth in any newspaper printed in the German, or any copper, and to weigh twelve grains and three other foreign language, which publication shall be eighths of grain; that the said coin shall bear either in lieu of or in addition to the publication of such devices as shall be conspicuously different the list of such letters in the manner first in this from those of the other silver coins, and of the gold section provided, as the Postmaster-General shall dollar, but having the inscription United States of America, and its denomination and date; and that SEC. 6. And be it further enacted, That to any post-it shall be a legal tender in payment of debts for master whose commissions may be reduced below all sums of thirty cents and under. And that no inthe amount allowed at his office for the year ending gots shall be used for the coinage of the three-cent the thirtieth day of June, eighteen hundred and pieces herein authorized, of which the quality dif fifty-one, and whose labors may be increased, the fers more than five thousandths from the legal Postmaster-General shall be authorized, in his dis- standard; and, that in adjusting the weight of the cretion, to allow such additional commissions as said coin, the following deviations from the standard he may deem just and proper: Provided, That the weight shall not be exceeded, namely, one half of a whole amount of commissions allowed such post-grain in the single piece, and one pennyweight in master during any fiscal year shall not exceed by a thousand pieces. direct. more than twenty per centum the amount of com one. the amount paid into the treasury by each town or city, under the provisions of this section. missions at such office for the year ending the Making Appropriations for the service of the Postthirtieth day of June, eighteen hundred and fifty-office Department, during the fiscal year ending June 30, 1852, and for other purposes.-This act authorSEC. 7. And be it further enacted, That no post-izes the appropriation of the following sums: office now in existence shall be discontinued, nor For transporting the mails at home.. $3,476,000 shall the mail service on any mail route in any of For transporting mails from New York the States or Territories be discontinued or diminished, in consequence of any diminution of the revenues that may result from this act; and it shall be the duty of the Postmaster-General to establish new post-offices, and place the mail service on any new mail routes established, or that may hereafter be established, in the same manner as though this act had not passed. SEC. 8. And be it further enacted, That there shall be paid to the post-office department, in further payment and compensation for the mail service performed for the two houses of Congress and the other departments and officers of the government in the transportation of free matter, the sum of five to Bremen and Havre For compensation to postmasters.. 467,000 1,875,000 425,000 80,000 427,000 The act authorizes the Postmaster-General to Total Post-office appropriations.. $6,750,000 appoint letter-carriers for the delivery of letters and papers in California and Oregon, at a rate of compensation not exceeding five cents for letters, and two cents for papers. An Act making Appropriations for the Military General, the Commissary-General of Subsistence, Academy for the year ending June 30, 1852-Appropriates $130,528 for that purpose. Making Appropriations for Naval Pensions for the year ending June 30, 1852-Forty thousand dollars appropriated. To Divide the District of Arkansas into two Judicial Districts. For the Settlement of certain classes of Private Land Claims,' within the limits of the Baron De Bastrop Grant,' and for allowing Preemptions to certain actual settlers, in the event of the final adjudication of the title of the said De Bastrop in favor of the United States. Making Appropriations for the Civil and Diplomatic Expenses of the Government for the year ending June 30, 1852, and for other purposes.This act provides for the following appropria tions: For Pay and mileage of Congressmen ment. Appropriations for Marine Hospitals. For Expenses of Loans, &c.... For Repairs of Public Buildings and Miscellaneous Expenditures................. $835,040 416,831 25,000 the Paymaster-General, the Surgeon-General, and the Adjutant-General, are to be, ex officio, a Board of Commissioners for the general government of the Asylum, which is to be under the immediate management of a Governor, DeputyGovernor, and Secretary, to be taken from the army, appointed and removed by the Secretary of War, on the recommendation of the Board of Commissioners. The funds set apart for the benefit of this institution are $118,791, levied by the commanding general in Mexico during the late war; the unexpended balance of a former appropriation for the benefit of discharged and disabled soldiers; all stoppages or fines adjudged against soldiers; forfeitures on account of desertion; unclaimed estates of deceased soldiers; 25 cents per month to be deducted from the pay of each non-commissioned officer and private; and some other unimportant items. Making Appropriations for the Support of the Army for the year ending June 30,1852.-This act makes the following appropriations: Pay of the Army, $2,096,670 83,394 Other Army Expenditures.. 405,122 126,940 5,360,898 Total Army Appropriations........ $7,457,568 92,105 Making Appropriations for the Naval Service 125.000 Pay of Officers and Men... $2,771,448 5,133,366 Total Naval Expenditures..... $7,904,814 529,267 Authorizing the Payment of Interest to the State 90,427 of Georgia for Advances made for the Suppression 889,556 of Indian Hostilities-Authorizes the Secretary 310,000 of War to allow to the State of Georgia six per cent. per annum on advances made to the United 200,000 States, for the suppression of difficulties with the 25,000 Creek, Seminole, and Cherokee Indians, in 1836,’7, 45,100 and '8. Interest to be paid from the date the money 63,920 was advanced till the same was or shall be paid by the United States, on such sums only as 140,000 Georgia either paid or lost interest. 300,100 Authorizing the Payment of Interest upon Ad200,000 vances made by the State of Maine, for the Use of the United States in the Protection of the North169,715 Eastern Frontier-Provides for the payment to 172,200 Maine of interest on the amount expended in the 100,000 protection of the North-Eastern Frontier during the years 1839, '40, and '41. 50,000 Making Appropriations for Light-houses, Light206,237 boats, Buoys, &c., and providing for the Erection and Establishment of the same, and for Other Purposes-Appropriates the sum of $245,235 for the purpose. Total Civil and Dep. Expenditures $7,339,384 To found a Military Asylum for the Relief and Support of Invalid and Disabled Soldiers of To amend the Act regulating the Appraisement of the Army of the United States.-This bill pro- Imported Merchandise, and for Other Purposes.— vides for the purchase or erection of suitable This act provides that in assessing ad-valorem buildings for a hospital for such soldiers of the duties on imports, the wholesale market prices in United States army as shall have done or may the country from which the importation is made, do 20 years' service, or who shall have suffered with costs and charges, shall be the guide. The by reason of disease or wounds incurred in the certificate of any of the appraisers of the United line of their duty. Pensioners are entitled to the States, or any other revenue officers, to whom is privileges of the asylum, on transferring their committed the estimating and collection of duties, pensions while availing themselves of it. The of the dutiable value of imported merchandise General-in-Chief of the army, the Generals of the shall be deemed and taken as the appraisement eastern and western divisions, the Quartermaster-of such merchandise, and in cases of appeal. as provided for in the Tariff Act of 1842, the col-granted for the establishment of towns or cities lector is required to select one discreet and ex-by the Spanish or Mexican governments, the perienced merchant, to be associated with one claims are to be presented by the corporate of the appraisers, who together shall appraise authorities of such towns or cities, instead of the the goods in question; and in case of disagree- individual owners of the lots. The derees of the ment, the collector shall decide between them: commissioners are to be conclusive only between the appraisement thus determined to be final. the United States and the claimant, and will not The act provides for the appointment of four ap- affect the interests of third parties. The Compraisers of merchandise, with a salary of $2,500 missioners are required to report to the Secretary and travelling fees each, to be employed in visit- of the Interior the tenure by which the Mission ing such ports of entry, under the direction of lands are held, also those lands held by Civilized the Secretary of the Treasury, as may be deemed Indians, also those occupied by Pueblos or Ranuseful for the security of the revenue. The act cheros Indians. took effect on the 1st of April, 1851. year. To amend an Act entitled an 'Act allowing Com of Representatives of the United States, and to Delegates of the Territories,' and repealing all other Laws on the subject.-This act is designed to put an end to the constructive mileage swindle, in cases of called Sessions of the Senate on the 4th of every fourth March. To amend the Act to change the Time of Holding pensation to the Members of the Senate and House the Circuit and District Courts of the United States for the District of Ohio-Provides that the term of the Courts heretofore commencing on the third Tuesday of May, shall hereafter commence on the third Tuesday of April of each To change the Terms of the Circuit Courts for the Eastern and Western Districts of Pennsylvania. other purposes. This act provides that shipTo limit the Liability of Shipowners and for To ascertain and settle the Private Land Claims owners shall not be liable for damage by fire to in the State af California.-This act provides for freight, unless such fire shall be caused by the a Commission composed of three commissioners, owners' design or neglect; but parties may vary to be appointed by the President and Senate, and their liability by special contract. Owners are to continue for three years, whose duty it shall not liable for the loss of certain valuables, such be to proceed to California, and there hear and as platinum, gold, silver, bullion, jewelry, bankdecide all claims to land in that state. The notes, diamonds, &c., unless the shipper give commissioners are to receive each a salary of notice in writing of the true character and value $6,000 per annum, and attached to the Commis- thereof, and have the same entered on the bill of sion are to be a Secretary, learned in the English lading. In case of loss by embezzlement or deand Spanish languages, who is to act as inter-struction by the master, officers, mariners, &c., preter and keep a record of the proceedings, at of a vessel, or any other loss incurred without a salary of $4,000 per annum, and five clerks, at the privity or knowledge of the owner, his liability a salary of 1,500 each. Provision is also made shall not exceed his interest in such vessel and for the services of an agent, who shall attend all freight. In case of losses by several shippers, the meetings of the Board, and act as the attorney of the United States. The Board will hold sessions at such times and places as the President may direct, of which due notice will be given. All persons claiming lands in California, by virtue of title derived from the Spanish or Mexican governments, are required to present such claims, with the evidence of title, to the Board, who shall decide upon their validity, and certify the same, within thirty days after the decision, to the United States Attorney for the district in which the decision shall be rendered. Provision is made for appeal from the decisions of the Board to the United States District Court, and ultimately to the Supreme Court of the United States. In their decisions the Board and the Court are to be governed by the Treaty of Guadalupe Hidalgo, the Law of Nations, the laws, usages, and customs of the government from which the claim is derived, the principles of States and Territories thereof.-This act estabequity, and the decisions of the Supreme Court lishes new post-roads in nearly every State of of the United States, so far as these as are appli- the Union, and authorizes the Postmaster-General cable. All lands to which titles shall not be established, and to which claims shall not be presented within two years after the passage of this act, are to be deemed a part of the public domain of the United States. Each claimant who shall establish his title to land will receive a patent therefor. The Surveyor-General of California is required to survey all confirmed claims and furnish plots thereof. Special Provision is made in cases where more than one party claim the same land. when the value of the vessel and freight are in- States Circuit and District Courts at Chicago. to contract for transporting the mails thereon. Among the Resolutions at the second Session of the XXXIst Congress, was one authorizing the President to place at the disposal of Kossuth, and his companions in captivity, a national vessel, in which to emigrate from the Turkish dominions to those of the United States. He embarked with his companions on board the U. S. steamer Mississippi, on the 7th of September, and arrived at New York, amid great demonstrations of joy, on In cases where lands have been the 6th of December. |