repealed. of act of 1st act passed on first of March, one thousand eight hundred and March, 1823, twenty-three, entitled "An act supplementary to, and to amend an act entitled 'An act to regulate the collection of duties on *Act of 1823, imports and tonnage,'* passed second of March, one thousand c. 149, vol. 3, seven hundred and ninety-nine, and for other purposes," "be, and p. 1881. the same is hereby, repealed.-[Approved, 24 May, 1828.] Lieutenants CHAP. 106. An act to increase the pay of Lieutenants in the navy. § 1. Be it enacted, &c. That, from and after the passing of in the navy to this act, all lieutenants in the navy of the United States shall, in addition to the pay and emoluments now allowed them by law, each receive ten dollars per month, and one ration per day.tion per day, [Approved, 24 May, 1828.] receive $10 per month and one ra in addition, &c. CHAP. 107. An act authorising the establishment of an Arsenal on the waters of Mobile or Pensacola Bays. Secretary of § 1. Be it enacted, &c. That the secretary of war be, and he War to procure a site for is hereby, authorised and required to procure, as soon as it can an Arsenal on be effected, on reasonable terms, a site for an arsenal on the the waters of waters of Mobile or Pensacola Bays, and to cause to be erected Mobile or Trustees of the Univers ity of the state of Ala bama to sur. render the thereon such an arsenal as may be deemed proper, for the safe keeping of the arms and munitions of war of the United States, for the Mexican Gulf frontier: and that for these purposes the sum of fifty thousand dollars be, and the same is hereby, appropriated, out of any money in the treasury not otherwise appropriated. [Approved, 24 May, 1828.] CHAP. 108. An act to authorise the selection of lands for the benefit of a Seminary of Learning, in the state of Alabama, instead of other lands heretofore selected. § 1. Be it enacted, &c. That the trustees of the University of the state of Alabama be, and they are hereby, authorised to surrender the patents issued for section twelve, the North-east quarter of section seventeen, the North-east quarter of section twentyeight, and the East-half of the North-east quarter of section patents issued thirty-four, in township four, range eleven, West, in the Huntsville Land District, and to select a like quantity in lieu thereof, of any of the public lands of the United States, in said state; and that, on such relinquishment being made by the trustees as aforesaid, patents shall issue to the purchasers from the United States, of said lands, or their assignees. [Approved, 24 May, 1828.] for section twelve, &c. and to re ceive, &c. Legislature of the state of Illinois to cause to be CHAP. 109. An act to authorise the Legislature of the state of Illinois to sell and convey a part of the land reserved and granted to said state for the use of the Ohio Saline. 1. Be it enacted, &c. That the legislature of the state of § Illinois shall be, and is hereby, authorised and empowered to cause to be sold and conveyed in such manner, and on such terms and sold a part or conditions, as said legislature shall by law direct, such part or parts of the tract of land reserved and granted to said state, for the use and support of the salt works, known by the name of the Ohio Saline, in the county of Gallatin, in the said state, and to parts of the tract of land granted to said state for Proviso, apply the proceeds of such sale to such objects as the said legis- the use, &c. lature may by law hereafter direct: Provided, That the legisla- of salt works ture shall not sell and convey more than thirty thousand acres of the land reserved and granted for the use of the Saline aforesaid. [Approved, 24 May, 1828.] CHAP. 110. An act to aid the state of Ohio in extending the Miami Canal from Dayton to Lake Erie, and to grant a quantity of land to said state to aid in the construction of the canals authorised by law; and for making donations of land to certain persons in Arkansas territory. state of Ohio, Miami canal, § 1. Be it enacted, &c. That there be, and is hereby, granted Land to be to the state of Ohio, for the purpose of aiding said state in extend- granted to the ing the Miami Canal from Dayton to Lake Erie, by the Maumee to aid said route, a quantity of land, equal to one-half of five sections in state in exwidth, on each side of said canal, between Dayton and the Mau- tending the mee river, at the mouth of the Anglaize, so far as the same shall be located through the public land, and reserving each alternate section of the land unsold to the United States, to be selected by the commissioner of the General Land Office, under the direction of the President of the United States; and which land, so reserved to the United States, shall not be sold for less than two dollars and fifty cents per acre. The said land, hereby granted to the state of Ohio, to be subject to the disposal of the legislature of said state, for the purpose aforesaid, and no other: Provided, Proviso. That said canal, when completed, shall be, and forever remain, a public highway, for the use of the government of the United States, free from any toll or other charge whatever, for any property of the United States, or persons in their service, passing through the same: And provided, also, That the extension of the 2d Proviso, said Miami canal shall be commenced within five years, and completed within twenty years, or the state shall be bound to pay to the United States the amount of any lands previously sold; and that the title to purchasers, under the state, shall be valid. route of said § 2. And be it further enacted, That so soon as the route of Governor said canal shall be located, and agreed on by said state, it shall when the be the duty of the governor thereof, or such other person or per- canal is locat. sons as may have been, or shall hereafter be, authorised to super- ed, to ascer intend the construction of said canal, to examine and ascertain tain and the particular lands to which the said state will be entitled under report said the provisions of this act, and report the same to the secretary of the treasury of the United States. land. §3. And be it further enacted, That the state of Ohio, under Legislature the authority of the legislature thereof, after the selection shall to have power have been so made, as aforesaid, shall have power to sell and to sell, &c. convey the whole, or any part of said land, and give a title, in fee simple, therefor to the purchaser thereof. §4. And be it further enacted, That the state of Indiana be, State of Inand hereby is, authorised to convey and relinquish to the state of diana auto Ohio, upon such terms as may be agreed upon by said states, all rised to con. the right and interest granted to the state of Indiana, to any lands the state of within the limits of the state of Ohio, by an act, entitled "An act Ohio, all the to grant a certain quantity of land to the state of Indiana, for the right, &c. vey, granted to said state by an act of 2d March, 1827. *Act of 1827, ch. 213, vol. 3, p. 2064. 500,000 acres of the lands owned by the U. S. within said state to be selected as hereinafter directed, to aid the state of Ohio in the payment of construction the debt in of canals. Proviso. 2d Proviso. The selection of the land be made by the governor of Ohio. Proviso. 2d Proviso. The legisla purpose of aiding said state in opening a canal, to connect the § 5. And be it further enacted, That there be, and hereby is, granted to the state of Ohio five hundred thousand acres of the lands owned by the United States, within the said state, to be selected as hereinafter directed, for the purpose of aiding the state of Ohio in the payment of the debt, or the interest thereon, which has heretofore been, or may hereafter be, contracted by said state, in the construction of the said canals within the same, undertaken under the authority of the laws of said state, now in force, or that may hereafter be enacted, for the extension of canals now making; which land, when selected shall be disposed of by the legislature of Ohio, for that purpose, and no other: Provided, The said canals when completed or used, shall be, and forever remain, public highways, for the use of the government of the United States, free from any toll or charge whatever, for any property of the United States, or persons in their service passing along the same: And provided further, That the said canals, already commenced, shall be completed in seven years from the approval of this act; otherwise the state of Ohio shall stand bound to pay over to the United States the amount which any lands, sold by her, within that time, may have brought; but the validity of the titles derived from the state by such sales, shall not be affected by that failure. § 6. And be it further enacted, That the selection of the land to granted by the fifth section of this act, may be made under the authority, and by the direction of the governor of the state of Ohio, of any lands belonging to the United States within said state, which may at the time of selection be subject to entry at private sale, and within two years from the approval of this act: Provided, That, in the selection of the lands hereby granted, no lands shall be comprehended which have been reserved for the use of the United States, as alternate sections, in the grants hitherto made, or which may be made during the present session of Congress, of lands within the said state, for roads and canals: And provided, That all lands so selected shall, by the governor of said state, be reported to the office of the register of the district in which the land lies, and no lands shall be deemed to be so selected, until such report be made, and the lands so selected shall be granted by the United States to the state of Ohio. §7. And be it further enacted, That this act shall take effect, ture of Ohio Provided, The legislature of Ohio, at the first session thereof, to express the hereafter to commence, shall express the assent of the state to the several provisions and conditions hereof: and unless such expression of assent be made, this act shall be wholly inoperative, except so far as to authorise the governor of Ohio to proceed in causing selection of said land to be made, previous to the said next session of the legislature. assent of the state to the provisions and conditions hereof, &c. Each head of § 8. And be it further enacted, That each head of a family, widow or single man, over the age of twenty-one years, actually a family, &c. settled on that part of the territory of Arkansas, which, by the over the age of 21 years, first article of the treaty between the United States and the actually setCherokee Indians, west of the Mississippi, ratified the twenty- tled, to enter third day of May, one thousand eight hundred and twenty-eight, with the prohas ceased to be a part of said territory, who shall remove from per register a quantity not such settlement according to the provisions of that treaty, shall exceeding be authorised to enter with the proper register of the Land Office two quarter in Arkansas, a quantity not exceeding two quarter sections of sections. land, on any of the public lands in that territory, the sale of which is authorised by law, and in conformity with the lines of the public surveys, at any time within two years from the passage of this act; and upon presenting the certificate of such entry to the secretary of the treasury, a patent shall be issued to such settler, or to his, her or their heirs, for the lands so entered, as a donation from the United States, as an indemnity for the improvements and losses of such settler under the aforesaid treaty. proper testi mony of such 9. And be it further enacted, That the register and receiver Register, &c. of the Land Office, to which application may be made to enter to take the such lands, shall be authorised to take the proper testimony of such actual settlement and subsequent removal, as in cases of actual settlepre-emptions heretofore granted to actual settlers, for which a ment and reasonable compensation shall be made to such registers and subs receivers, by the United States. [Approved, 24 May, 1828.] CHAP. 111. An act to revive and continue in force an act, entitled "An Act to provide for persons who were disabled by known wounds, received in the revolutionary war." 66 subsequent removal, &c. continued in p. 1008. +Act of 1812, § 1. Be it enacted, &c. That the act entitled "An act to pro- Act of 10th vide for persons who were disabled by known wounds, received April, 1806, in the revolutionary war,"* passed on the tenth day of April, force for the one thousand eight hundred and six, and limited as in said act term of six declared, to the term of six years, by an act, entitled "An act years. to revive and continue in force "An act to provide for persons *Act of 1806 who were disabled by known wounds, received in the revolu- c. 25, vol. 2, tionary war, and for other purposes,"† passed on the twenty-fifth of April, in the year one thousand eight hundred and twelve, and c. 69, vol. 2, p. afterwards revived and continued in force for the term of one 1240. year, by an act, entitled " An act to revive and continue in force an act, entitled "An act to provide for persons who were disabled by known wounds, received in the revolutionary war," tAct of 1820, passed in the year one thousand eight hundred and twenty, and c. 109, vol. 3, further revived and continued in force for the term of six years, by an act, entitled "An act to revive and continue in force an act, entitled "An act to provide for persons who were disabled by known wounds, received in the revolutionary war,"§ passed §Act of 1822, on the fourth day of February, in the year one thousand eight c. 6, vol. 3, p. hundred and twenty-two shall be, and the said act is hereby revived and continued in full force and effect for and during the term of six years from and after the passing of this act, and from thence unto the end of the next session of Congress: Provided, That any evidence which has been taken to support any Proviso. claim of any person disabled in the revolutionary war, under the p. 1794. 1825. 2d Proviso. authority of the act of the fifteenth of May, one thousand eight hundred and twenty, reviving and continuing in force for one year "An act to provide for persons who were disabled by known wounds, received in the revolutionary war," shall be received and acted upon by the secretary of war, in the same manner as if said act was still in force, and had not expired: And provided, also, That this act and anything contained in the act hereby revived and continued in force, shall not be construed to repeal or make void the fourth section of an act, entitled "An *Act of 1819, act concerning invalid pensions," passed the third of March, one thousand eight hundred and nineteen; and the said fourth section of the said last mentioned act shall be, and the same is hereby declared to be, and to continue to be in full force and effect; anything in the said act hereby revived to the contrary notwithstanding. c. 222, vol. 3, p. 1747. Right of any person to receive a pen. § 2. And be it further enacted, That the right any person has, or hereafter may acquire, to receive a pension in virtue of any sion, when to law of the United States, shall be construed to commence at the time of completing his testimony, pursuant to the act hereby revived and continued in force. commence. Agents for the payment of pensions to invalid pensioners to give bonds. After 1st Jan uary, 1829, § 3. And be it further enacted, That the agents for the payment of pensions to invalid pensioners of the United States, shall in future be required to give bonds, with two or more sureties, to be approved by the secretary of the department of War, in such penalty as he shall direct for the faithful discharge of the duties confined to them, respectively.-[Approved, 24 May, 1828. CHAP. 113. An act altering the duties on wines imported into the United States. § 1. Be it enacted, &c. That, from and after the first day of January next, the duties now imposed on wines imported into the United States, shall cease, and that, in lieu thereof, the following duties shall be levied and collected on all wines so imported; ed into the U. that is to say: duties now imposed on wines import S. altered. On wines of France, &c. imported in casks. On wines of all countries when imported in bottles or cases. On Sherry On the wines of France, Germany, Spain and the Mediterranean, when imported in casks, unless specially enumerated, fifteen cents per gallon: except the red wines of France and Spain, when not imported in bottles, which shall pay only ten cents per gallon; On wines, of all countries, when imported in bottles or cases, unless specially enumerated; on wines of Sicily, and on all Wines not enumerated, whether imported in bottles, cases or casks, thirty cents per gallon, in addition to the duty now existing on bottles when thus imported; On Sherry and Madeira wines, whether imported in bottles, and Madeira cases or casks, fifty cents per gallon, in addition to the duty on the bottles when so imported. wines. Duties on wines import ed, to be lev ied, &c. on all wines remaining in public warehouses after § 2. And be it further enacted, That the duties imposed by this act on wine imported, shall be levied and collected on all wines remaining in the public warehouses after the first of January, one thousand eight hundred and twenty-nine, in lieu of the duties existing when the same may have been imported. § 3. And be it further enacted, That a drawback of the duties |