under said article extended further than to pay to the State of Georgia whatever balance might be found due to her citizens from the Creek nation: And inasmuch, also, as the whole sum of two hundred and fifty thousand dollars has in fact heretofore been paid by the United States to the State of Georgia-it is therefore directed that the President of the United States shall cause the said sum of one hundred and forty-one thousand and fifty-five dollars and ninety-one cents, said sum of one hundred and forty-one thousand and fifty five dollars and ninety-one cents, to be paid to the said Creek nation of Indians in the manner following, viz: one-fifth on demand, and the residue thereof, without interest, to be paid in four equal annual instalments; on condition, however, that a release of all claim for principal and interest on account of said sum of two hundred and fifty thousand dollars shall be first executed by the said Creek nation to the United States, in such manner as the President of the United States shall direct, in full discharge of the same; and on condition, also, that the persons to whom said money shall be paid shall make proof to the satisfaction of the President of the United States that they have full power and authority to receive and receipt for the same. SEC. 4. And be it further enacted, That the Secretary of the Treasury be, and he is hereby, required to pay, out of any money in the treasury not otherwise appropriated, to the Creek nation of Indians, or to the order of the delegation of Indians aforesaid, the sum of forty three thousand three hundred and thirty-three dollars thirty-three and one third cents, in satisfaction of the claims of thirteen hundred "Creek Indian emigrants," friends and followers of General McIntosh, who were emigrated to the west in eighteen hundred and twenty-nine, by Col. Crowell, under the conduct and control of Luther Blake, as provided in the ninth article of the treaty of twenty-fourth of January, eighteen hundred and twentysix: Provided, That the persons to whom said money shall be paid shall make proof, to the satisfaction of the President of the United States, that they have full power to receive and receipt for the same: And provided, also, That said money shall be paid only on condition that a release be first executed to the United States in full of all claims for principal and interest on account of the emigration of said thirteen hundred Creek Indians. Approved August 12, 1848. CHAP. 167.-AN ACT for giving effect to certain treaty stipulations between this and foreign governments, for the apprehension and delivering up of certain offenders. [SEC. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in all cases in which there now exists, or hereafter may exist, any treaty or convention for extradition In all cases in which treaties of extradition may exist between the United States and foreign govern ments, the jus of the United missioner author courts, may issue any person charg committed cer tain of such foreign tices and judges between the government of the United States and any foreign States and State government, it shall and may be lawful for any of the justices courts, and com of the Supreme Court or judges of the several district courts ized by the U. S. of the United States-and the judges of the several State warrants for the Courts, and the commissioners authorized so to do by any of apprehension of the courts of the United States, are hereby severally vested having with power, jurisdiction, and authority, upon complaint made offences under oath or affirmation, charging any person found within within the limits the limits of any State, district, or territory, with having governments. committed within the jurisdiction of any such foreign government any of the crimes enumerated or provided for by any such treaty or convention-to issue his warrant for the apprehension of the person so charged, that he may be brought before such judge or commissioner, to the end that the eviIf, on a dence of criminality may be heard and considered; and if, deemed sufficient on such hearing, the evidence be deemed sufficient by him charge, the same to sustain the charge under the provisions of the proper treaty with copy of the or convention, it shall be his duty to certify the same, together testimony, to the with a copy of all the testimony taken before him, to the State, that a war- Secretary of State, that a warrant may issue upon the requisiupon requisition tion of the proper authorities of such foreign government, for from the proper the surrender of such person, according to the stipulations of surrender of such said treaty or convention; and it shall be the duty of the said the evidence be to sustain the to be certified, Secretary of rant may issue, authority, for the offender, &c. sitions upon warrant may have judge or commissioner to issue his warrant for the commitment of the person so charged to the proper gaol, there to remain until such surrender shall be made. SEC. 2. And be it further enacted, That in every case of complaint as aforesaid, and of a hearing upon the return of Copies of depo- the warrant of arrest, copies of the depositions upon which which original an original warrant in any such foreign country may have been granted in been granted, certified under the hand of the person or per such foreign sons issuing such warrant, and attested upon the oath of the may be received party producing them to be true copies of the original depositions, may be received in evidence of the criminality of the person so apprehended. countries, in evidence. State, under his office, may order such person or such foreign gov. ernment to ceive them, &c. SEC. 3. And be it further enacted, That it shall be lawful Secretary of for the Secretary of State, under his hand and seal of office, hand and seal of to order the person so committed to be delivered to such per such offenders to son or persons as shall be authorized, in the name and on be delivered to behalf of such foreign government, to be tried for the crime persons as may of which such person shall be so accused, and such person be authorized by shall be delivered up accordingly; and it shall be lawful for the person or persons authorized, as aforesaid, to hold such person in custody, and to take him or her to the territories of such foreign government, pursuant to such treaty; and if Cases of escape the person so accused shall escape out of any custody to which he or she shall be committed, or to which he or she shall be delivered, as aforesaid, it shall be lawful to retake such person in the same manner as any person accused of any crime against the laws in force in that part of the United States to which he or she shall so escape may be retaken, on an escape. provided for. When any per son or persons this act, &c., shall out of the United such commit of the U. S. or SEC. 4. And be it further enacted, That when any person who shall have been committed under this act, or any such committed under treaty, as aforesaid, to remain until delivered up in pursuance not be delivered of a requisition, as aforesaid, shall not be delivered up per- up and conveyed suant thereto, and conveyed out of the United States within States within two two calendar months after such commitment, over and above months after the time actually required to convey the prisoner from the ments, any judge gaol to which he or she may have been committed, by the state courts may readiest way, out of the United States, it shall, in every such discharge him or case, be lawful for any judge of the United States, or of any tody, unless, &c. State, upon application made to him by or on behalf of the person so committed, and upon proof made to him that reasonable notice of the intention to make such application has been given to the Secretary of State, to order the person so committed to be discharged out of custody, unless sufficient cause shall be shown to such judge why such discharge ought not to be ordered. SEC. 5. And be it further enacted, That this act shall continue in force during the existence of any treaty of extradition with any foreign government, and no longer. SEC. 6. And be it further enacted, That it shall be lawful for the courts of the United States, or any of them, to authorize any person or persons to act as a commissioner or commissioners, under the provisions of this act; and the doings of such person or persons so authorized, in pursuance of any of the provisions aforesaid, shall be good and available to all intents and purposes whatever. Approved August 12, 1848. them from cus This act to con tinue in force dur ing the existence of any treaty of extradition, &c., and no longer. States may au Courts of the U. thorize persons to act as commis sioners under this act, &c. CHAP. 168.—AN ACT concerning the pay department of the army. [SEC. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Paymaster General be, and he is hereby, authorized to allow any of the paymasters of the army, who shall have been employed in the payment of volunteers, during the late war with Mexico, such a commission, not exceeding one-half of one per centum on all sums disbursed by them as aforesaid, as he shall deem a reasonable compensation for the risk and labor attending such service: Provided, That the said commission to any one paymaster shall not exceed one thousand dollars per annum, from the commencement to the close of the war. SEC. 2. And be it further enacted, That the said Paymaster General may, in his discretion, allow to any paymaster's clerk, in lieu of the pay now allowed by law, an annual salary of seven hundred dollars. Approved August 12, 1848. Times of hold ing the circuit and district courts for district of New Jersey, changed. CHAP. 169.-AN ACT in relation to the terms of the circuit and distric courts of the United States in and for the district of New Jersey. [SEC 1.] Be it enacted by the Senate and House of Repre sentatives of the United States of America in Congress as sembled, That the circuit court of the United States for the district of New Jersey shall hereafter be held on the fourth Tuesdays of March and September, instead of the first days of April and October, as heretofore; and that the district court of the United States for the district of New Jersey shall hereafter be held on the third Tuesdays of January, April, June, and September, instead of the second Tuesdays of March and September, and the third Tuesdays of May and November, as heretofore; and all writs, actions, appeals, recognizances, and proceedings whatever, pending, or which may be pending in said courts, or returnable to the terms as they now exist, shall be continued, heard, tried, proceeded with, and disposed of by the said courts, in the same manner as might or ought to have been done, if the said courts had been held at the times heretofore directed by law. Approved August 12, 1848. ferred to the Soli whether the by him to the Post CHAP. 170.-AN ACT for the relief of B. O. Tayloe. [SEC. 1.] Be it enacted by the Senate and House of Repre sentatives of the United Sates of America in Congress asHis claims re sembled, That the claims of B. Ö. Tayloe, as set forth in the citor of the Trea- report of the Committee of Claims of the House of Representasury to ascertain tives of July twenty-four, eighteen hundred and forty six, be buildings rented referred to the Solicitor of the Treasury to ascertain, from the Office Depart. proof to be submitted by said Tayloe and by the government, re whether the buildings were returned to B. O. Tayloe by the Post Office Department "in a good and tenantable condi tion;" and if not, to ascertain the amount of damage sustained by said B. O. Tayloe, and the amount so ascertained to have been sustained by said B. O. Tayloe (if any) the Secretary of the Treasury is hereby directed to pay out of any moneys in the treasury not otherwise appropriated. Approved August 12, 1848. ment were turned to him "in a good and tion;" if not, to pay him the tenantable condi amount of damage sustained. enter a certain CHAP. 171.-AN ACT for the relief of Charity Herrington. [SEC. 1.] Be it enacted by the Senate and House of Repre sentatives of the United States of America in Congress asAuthorized to sembled, That Charity Herrington be authorized and permitfractional quarter ted to enter at the minimum price, at the Chicago land office, section of land. the northeast fractional quarter of section ten, in township thirty-nine north, of range eight east, of the third principal Patent to issue. meridian, and a patent shall issue therefor as in other cases: Provided, That this act, and the patent hereby authorized to be granted, shall not have the effect, or be construed, to impair any legal or equitable claim of any person or persons whatsoever to said tract or parcel of land. Approved August 12, 1848. Proviso. CHAP. 172.-AN ACT for the relief of Gustavus Dorr. A pension of lowed him. [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 War be, and he is hereby, directed to place the name of Gustavus Dorr, late captain in $20 per month althe sixth regiment of United States infantry, on the roll of invalid pensioners, and pay to him the sum of twenty dollars per month, during his natural life, commencing on the eighteenth day of November, eighteen hundred and forty seven. Approved August 12, 1848. CHAP. 173.-AN ACT making appropriations for the support of the army for the year ending the thirtieth of June, one thousand eight hundred and forty-nine. [SEC. 1.] 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 support of the army for the year ending the thirtieth of June, one thousand eight hundred and forty-nine. For the pay of the army, one million six hundred and thirty-four thousand three hundred and eighty-two dollars. Pay. For commutation of officers' subsistence, five hundred and officers' subsist fifty-five thousand three hundred and fifty-one dollars. ence. Forage. ficers' servants. For payment in lieu of clothing for officers' servants, Clothing for of thirty-six thousand one hundred and seventy dollars. For expenses of recruiting, forty thousand five hundred and sixty dollars. Recruiting. Extra pay on re. For three months' extra pay to non-commissioned officers, musicians, and privates, on re-enlistment, twelve thousand enlistment. five hundred dollars. For three months' extra pay to the officers, non-commissioned officers, musicians, and privates, engaged in the military service of the United States in the war with Mexico, under the act entitled "An act to amend the act entitled An act supplemental to an act entitled An act providing for the prosecution of the existing war between the United States and the republic of Mexico, and for other purposes,"" ap Three months' extra pay to of ficers and soldiers Mexican war. engaged in the |