Provisc.

Proviso.

President of

U.S. to cause

to be extinquished the

title of Peter Lynch, to a

lot of land, in Georgia.

Relinquished

to said state.

period of the expiration of the said pensions, respectively: Provided, however, That the said pensions shall be paid from the proceeds of the Privateer Pension Fund alone, and without recourse to the United States, for any deficiency, should such occur, which may hereafter arise thereon: And provided further, That no such pension shall be paid to any such widow after her intermarriage had, or to be had, after she shall have become such widow.-[Approved, 23 May, 1828.]

CHAP. 74. An act making an appropriation to extinguish the Indian title to a reserve allowed to Peter Lynch, of the Cherooke tribe of Indians, within the limits of the state of Georgia, by the treaty of one thousand eight hundred and nineteen, between the United States and said tribe of Indians.

§ 1. Be it enacted, &c. That the President of the United States be, and he is hereby, authorised to cause to be extinguished the title of Peter Lynch, formerly of the Cherokee tribe of Indians, to a lot of land, lying within the limits of the state of Georgia, which was reserved to the said Peter Lynch, by the treaty of eighteen hundred and nineteen, entered into between the United States and said tribe of Indians.

§ 2. And be it further enacted, That a sum of money, not exceeding three thousand dollars, be, and the same is hereby, appropriated, to be paid out of any money in the treasury not otherwise appropriated, to carry the foregoing section into effect. [Approved, 23 May, 1828.]

CHAP. 75. An act to grant certain relinquished and unappropriated lands to the state of Alabama, for the purpose of improving the navigation of the Tennessee, Coosa, Cohawba, and Black Warrior rivers.

§1. Be it enacted, &c. That four hundred thousand acres, lands in Ala- of the relinquished lands in the counties of Madison, Morgan, bama granted Limestone, Lawrence, Franklin, and Lauderdale, in the state of Alabama, be, and the same is hereby, granted to said state, to be applied to the improvement of the navigation of the Muscle Shoals, and Colbert's Shoals, in the Tennessee river, and such other parts of said river within said state as the legislature thereof may direct: but if there shall not be four hundred thousand acres of relinquished unappropriated land in said counties, the deficiency to be made up out of any unappropriated lands in the county of Jackson, in said state.

Proviso.

A price not less than the price of public

minimum

lands.

Improve

§ 2. And be it further enacted, That said state of Alabama, shall have power to sell, dispose of, and grant said land, for the purposes aforesaid, at a price not less than the minimum price of the public lands of the United States, at the time of such sale.

§3. And be it further enacted, That the said state of Alabama, ments within shall commence said improvements within two years after the passage of this act, and complete the same within ten years thereafter.

two years,

&c.

Grant null

§ 4. And be it further enacted, That if said state of Alabama and void, if shall apply the lands hereby granted, or the proceeds of the sales, applied to any other object. or any part thereof, to any other use or object whatsoever, than

as directed by this act, before said improvements shall have been completed, the said grant for all lands then unsold shall thereby become null and void; and the said state of Alabama shall become liable and bound to pay to the United States the amount for which said land, or any part thereof, may have been sold, deducting the expenses incurred in selling the same.

navigation

§ 5. And be it further enacted, That the improvements of said Improvenavigation shall be commenced at the lowest point of obstruction ments of said in said river, within said state, continued up the same until com- where completed, and be calculated for the use of steam-boats, according to menced, &c. such plan of construction as the United States' engineers, appointed to survey and report thereon, may recommend. and the President of the United States approve: Provided, That such plan Proviso. shall embrace, if practicable, a connexion of the navigation of Elk river, with the said improvements.

§ 6. And be it further enacted, That after the completion of Surplus to be said improvements, the surplus of said grant, if any, shall be applied to the improvement applied to the improvement of the navigation of the Coosa, Ca- of Coosa, &c. hawba, and Black Warrior rivers, in said state, under the direction of the legislature thereof.

from toll for

§ 7. And be it further enacted, That the said rivers, when Said rivers to improved as aforesaid, shall remain forever free from toll for all be ever free property belonging to the government of the United States, and all property of for all persons in their service, and for all the citizens of the U. S. &c. United States, unless a toll shall be allowed by an act of Congress. [Approved, 23 May, 1828.]

CHAP. 76. An act making an appropriation for the erection of a breakwater near the mouth of the Delaware Bay.

§1. Be it enacted, &c. That the President of the United A breakwater States cause to be made near the mouth of the Delaware Bay, a breakwater.

to be made near the mouth of De

§2. And be it further enacted, That the sum of two hundred laware Bay. and fifty thousand dollars be, and it hereby is, appropriated, towards the accomplishment of that object, and that the same be paid out of any money in the treasury not otherwise appropriated. [Approved, 23 May, 1828.]

CHAP. 77. An act to establish a southern Judicial District in the

territory of Florida.

lished in

§ 1. Be it enacted, &c. That there shall be established another Southern disJudicial District in the territory of Florida, to be called the trict estab Southern District, embracing all that part of the territory which Florida. lies south of a line from Indian river on the east, and Charlotte harbor on the west, including the latter harbor; which said court shall exercise all the jurisdiction within said district, as the other Superior Courts, respectively, exercise within their respective districts, and shall be subject to all the laws which govern or regulate the same; and there shall be appointed for said dis- Judge. trict a Judge: and he is hereby authorised to appoint a clerk for Clerk. Attorney. said court. There shall also be appointed an attorney and mar- Marshal. shal, who shall exercise all the duties, give the same bond and

VOL. IV.

5

Stated sessions of said court.

Salvage, un

less adjusted, to be paid in

kind..

security, and be entitled to the same salaries, fees, and compensation, that is now allowed by law to attorneys and marshals in other districts in the territory.

§2. And be it further enacted, That the stated sessions of said court shall be held on the first Mondays of May and November annually, at Key West; and such other intermediate sessions, from time to time, as the Judge in his discretion may think advisable and necessary. The Judge shall reside at the island of Key West, and shall be entitled to receive, as a salary for his services, two thousand dollars per annum, to be paid quarterly, out of any moneys in the treasury not otherwise appropriated.

§ 3. And be it further enacted, That whenever in any case concerning wrecked property, or property abandoned at sea, the judge aforesaid shall have determined the rate of salvage to be allowed to salvors, it shall be his duty, unless the salvage decreed shall have been adjusted without recourse to vessel and cargo, to direct such proportion of salvage to be paid to the salvors in kind; and that the property saved shall be divided accordingly, under the inspection of the officers of the court, and before it shall have been taken out of the custody of the revenue officers. § 4. And be it further enacted, That whenever it shall be ascerperishable na tained to the satisfaction of the judge of said court that any of the property saved is from its character not susceptible of being divided in the manner proposed, or that there are articles in the cargo of a perishable nature, it shall be his duty to direct a sale of the same, for the benefit of all concerned.

Articles of a

ture to be

sold.

Property not

from public stores.

§ 5. And be it further enacted, That the property remaining, to be removed after separating the portion adjudged to the salvors, shall not be removed from such store as may be used for public purposes, nor disposed of in any other way within nine months, unless by the order of the owners or of their authorised agents; and that the duties accruing upon such property, may be secured at any port in the United States where the owners may reside.

No wrecker,

unless under the authority of the judge,

&c.

§ 6. And be it further enacted, That no vessel shall be employed as a wrecker, unless under the authority of the judge of said court; and that it shall not be lawful to employ on board such vessel, any wrecker who shall have made conditions with the captain or supercargo of any wrecked vessel, before or at the time of affording relief. [Approved, 23 May, 1828.]

*Sce Vol. 7, p. CHAP. 85. 373.

Assent alrea

dy given by the U. S. to

An act to amend and explain an act, entitled "An act confirming an act of the Legislature of Virginia, incorporating the Chesapeake and Ohio Canal Company, and an act of the state of Maryland, for the same purpose." (a)

§ 1. Be it enacted, &c. That the assent already given by the United States to the charter of the Chesapeake and Ohio Canal the charter of Company, by an act of Congress, entitled "An act confirming an act of the legislature of Virginia, entitled an act incorporating

the Chesa

(a) The acts of the states of Virginia and Maryland, and of the Congress of the United States, incorporating the Chesapeake and Ohio Canal company-the proceedings of the general special meeting of the Patowmac Company, declaring their assent thereto, made necessary by said acts-and extracts from the charter of the Patowmac Company, will be found in the Appendix.

not to be im

route of said

canal, &c.

the Chesapeake and Ohio Canal Company; and an act of the peake and state of Maryland confirming the same, shall not be impaired by Ohio canal, any change of the route of the said canal, from or above the paired by any town of Cumberland on the river Potomac, or the distribution change of the thereof into two or more sections at any time hereafter, or any change in the dimensions of that part of the present eastern section, extending from Cumberland or the mouth of Will's creek, to the mouth of Savage, at the base of the Allegheny, or any substitution which the interest of the Chesapeake and Ohio Canal Company, may in the opinion of the company, require to be made, of inclined planes, railways, or an artificial road for a continued canal through the Allegheny mountain, in any route which may be by the company finally adopted therefor, between the town of Cumberland and the river Ohio.

2. And be it further enacted, That to obviate any possible The states of ambiguity that might arise in the construction of the second sec- Maryland tion of the act of Congress aforesaid, the authority by that act have authori and Virginia designed to be given to the states of Maryland and Virginia, or ty to extend to any company incorporated by either or both of those states, to a branch, &c. extend a branch from the said canal, or to prolong the same from the termination thereof, by a continuous canal, within or through the District of Columbia, towards the territory of either of those states, shall be deemed and taken to be as full and complete in all respects as the authority granted by that act to the Chesapeake and Ohio Canal Company to extend the main stem of the said canal within the said district, or the authority reserved to the government of the United States to provide for the extension thereof, on either or both sides of the river Potomac, within the district of Columbia: Provided, That nothing herein contained Proviso. shall impair the restriction in the charter of the Chesapeake and Ohio Canal Company, designed to protect the canal from injury by the prolongation thereof, or by any branch therefrom.

§ 3. And be it further enacted, That the act of the legislature of Act of MaryMaryland, which passed at their December session, of one thou- land, December 1827, sand eight hundred and twenty-seven, entitled "An act further to confirmed. amend the act incorporating the Chesapeake and Ohio Canal Company," be, and the same is hereby confirmed, so far as the assent of Congress may be deemed necessary thereto. [Approved, 23 May, 1828.]

CHAP. 86. An act authorising a subscription to the stock of the Chesapeake and Ohio Caual Company.

to subscribe

§1. Be it enacted, &c. That the secretary of the treasury be, Secretary of and he is hereby authorised and directed to subscribe, in the the treasury name and for the use of the United States, for ten thousand shares for 10,000 of the capital stock of the Chesapeake and Ohio Canal Company, shares of the and to pay for the same at such times and in such proportions stock of the as shall be required of and paid by the stockholders generally, by Chesapeake the rules and regulations of the Company, out of the dividends nal C. which may accrue to the United States upon their bank stock in the bank of the United States: Provided, That not more than Proviso. one-fifth part of the sum so subscribed for the use of the United States, shall be demanded in any one year, after the organization

and Ohio Ca

2d. Proviso.

Secretary of the treasury cording to the

to vote ac

number of shares.

Act of 1824,

ch. 4, vol. 3, p. 1932.

The Presi

&C.

of the said company; nor shall any greater sum be paid on the shares so subscribed for, than shall be proportioned to assessments made on individual or corporate stockholders: And provided, moreover, That for the supply of water to such other canals as the state of Maryland or Virginia, or the Congress of the United States may authorise to be constructed, in connexion with the Chesapeake and Ohio canal, the section of the said canal, leading from the head of the Little Falls of the Potomac river, to the proposed basin next above Georgetown, in the district of Columbia, shall have the elevation above the tide of the river at the head of the said falls, and shall preserve throughout the whole section aforesaid, a breadth at the surface of the water, of not less than sixty feet, and a depth below the same, of not less than five feet, with a suitable breadth at bottom.

§ 2. And be it further enacted, That the said secretary of the treasury shall vote for the president and directors of the said company, according to such number of shares as the United States may at any time hold in the stock thereof, and shall receive upon the said stock the proportion of the tolls which shall, from time to time, be due to the United States for the shares aforesaid; and shall have and enjoy, in behalf of the United States, every other right of a stockholder in the said company. [Approved, 24 May, 1828.]

CHAP. 88. An act in addition to an act, entitled "An act concerning discriminating duties of Tonnage and Impost," and to equalize the duties on Prussian vessels and their cargoes.

§ 1. Be it enacted, &c. That, upon satisfactory evidence being dent to issue given to the President of the United States, by the government of his proclamation wherever, any foreign nation, that no discriminating duties of tonnage or impost are imposed or levied in the ports of the said nation, upon vessels wholly belonging to citizens of the United States, or upon the produce, manufactures, or merchandise, imported in the same from the United States, or from any foreign country, the President is hereby authorized to issue his proclamation, declaring that the foreign discriminating duties of tonnage and impost, within the United States, are, and shall be, suspended and discontinued, so far as respects the vessels of the said foreign nation, and the produce, manufactures, or merchandise imported into the United States in the same, from the said foreign nation, or from any other foreign country; the said suspension_to_take effect from the time of such notification being given to the President of the United States, and to continue so long as the reciprocal exemption of vessels, belonging to citizens of the United States, and their cargoes, as aforesaid, shall be continued, and no longer.

Duties on vessels of Prussia not

to be higher than on ves

sels of the U. S.

Duties since

§2. And be it further enacted, That no other or higher rates of duties shall be imposed or collected on vessels of Prussia, or of her dominions, from whencesoever coming, nor on their cargoes, howsoever composed, than are, or may be payable on vessels of the United States and their cargoes.

§ 3. And be it further enacted, That the secretary of the