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Citation: 14 Stat. 751 1863-1867

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TREATY WITH THE MIDDLE OREGONS. NovEMmER 15, 1865.

Supplemental Treaty between the United States of America and the Obn-
federated Tribes and Bands of Indians of Middle Oregon; Concluded
.November 15, 1865; Ratificationadvised .llarch 2, 1867; Proclaimed
March 28, 1867.

ANDREW JOHNSON,
PRESIDENT OF THE UNITED STATES OF AMERICA,
TO ALL AND) SINGULAR TO 'WHOM THESE PRESENTS SHALL COME, GREETING: Nov. 16, 1866.

WiHEREAS, a supplemental Treaty was made and concluded at the Preamble.


Warm Springs Indian Agency, in the State of Oregon, on the fifteenth
day of November, in the year of our Lord one thousand eight hundred
and sixty-five, by and between J. W. Petit Huntinoton. Commissioner, on
the part of the United States, and Mark, William Chinook, Kuck-up, and
other chiefs and headmen of the confederated tribes and bands of Indians
of Middle Oregon, on the part of said Inlians, and duly authorized thereto
by them, which treaty is in the words and figures following, to wit:-

ARTICLFS ofcagreement and convention entered into at the Warm Springs Contracting
Agency, Oregon, by J. W. Pert Huntington, Sup't Indian affairs for parties.
Oregon, on behalf of the United States, and the undersigned, chiefs
and headmen of the confederated tribes and bands of Middle Oregon,
the same being amendatory of and supplemental to the treaty negotiated
with the aforesaid tribes on the twenty-fifth day of June, eighteen
hundred and fifty-five, and ratified by the Senate of the United States
on the eighteenth day of April, eighteen hundred and fifty-nine.

ARTICLE 1. It having become evident from experience that the pro- Certain rights
vision of Article I. of the treaty of the twenty-fifth of June, A. D. granted
former
by the
treaty
eighteen hundred and fifty-five, which permits said confederated tribes to rernqushed
fish, hunt, gather berries and roots, pasture stock, and erect houses on hereby.
lands outside the reservation, and which have been ceded to the United Vol- i'. p. 964.
States, is often abused by the Indians to the extent of continuously
residing away from the reservation, and is detrimental to the interests of
both Indians and whites; therefore it is hereby stipulated and agreed that
all the rights enumerated in the third proviso of the first section of the
before-mentioned treaty of the twenty-fifth of June, eighteen hundred and
fifty -five, - that is to say, the right to take fish, erect houses, hunt game,
gather roots and berrie , and pasture animals upon lands without the
reservation set apart by the tieaty aforesaid - are hereby relinquished by
the confederated Indian tribes and bands of middle Oregon, parties to this
treaty.
ARTICLE II. The tribes aforesaid covenant and agree that they will The tribes to
hereafter remain upon said reservation, subject to the laws of the United remain upon
their reserva-
States, the regulations of the Indian Department, and the control of the tion
officeis thereof; and they further stipulate that if any of the members of Penalt' for
said tribes do leave, or attempt to leave, said reservation in violation of leaving,&.
this treaty, they will assist in pursuing and returning them, when called
upon to do so by the superintendent or agent in charge.
ARTICLE IIl. In cases which may arise which make it necessary for Permits to go
tendnt otheaget
any Indian to go without . ... of said reservation, the superin-
boundahes without the of
oundaanes
tendent or agent in charge may, in his discretion, give to such Indian a the reservation.
written permit or pass, which shall always be for a short period and the

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752 TREATY WITH THE MIDDLE OREGONS. NovzBnif 15, 1865.

expiration definitely fixed in said paper. Any Indian who, having gone
out with a written pass, shall remain beyond the boundaries for a longer
period than the time named in said pass, [shall] be deemed to have vio-
lated this treaty to the same extent as if he or she had gone without a
pass.
Indians break- ARTICLE IV. An infraction of this treaty shall subject the Indian
tng annui- guilty thereof to a deprvation of his or her share of the annuities, and
this treaty
to forfeit
ties to such other punishment as the President of the United States may direct.
Money for the ARTICLE V. It is stipulated and agreed on the part of the United
purchase of States, as a consideration for the relinquishment of the rights herein
teams, &C enumerated, that the sum of three thousand five hundred dollars shall be
expended in the purchase of teams, agricultural implements, seeds, and
other articles calculated to advance said confederated tribes in agriculture
and civilization.
Allotment of ARTICLE VI. It is further agreed that the United States shall cause
land to each to be allotted to each head of a family in said confederated tribes and
head of a fam-
ily bands a tract of land sufficient for his or her use, the possession of which
shall be guaranteed and secured to said family and the heirs thereof for
ever.
Punishment of ARTICLE VII. To the end that the vice of intemperance among said
pilys
fully uniaw- tribes may be checked, it is hereby stipulated that when any members
furnishing,
ardent spirits to thereof shall be known to dink ardent spirits, or to have the same in
the Indians possession, the facts shall be immediately reported to the agent or super-
intendent, with the name of the person or persons from whom the liquor
was obtained; and the Indians agree to diligently use, under the direction
of the superintendent or agent, all proper means to secure the identifica-
tion and punishment of the persons unlawfully furnishing liquor as afore-
said.
Execution. In testimony whereof, the said J. W. Pert Huntington, superintendent
of Indian affairs, on the part of the United States, and the under,-igned
chiefs and head confederated tribes and bands aforesaid, have hereunto, in
the presence of the subscribing witnesses and of each other, affixed our
signatures and seals on this fifteenth day of November, in the year one
thousand eight hundred and sixty-five.
J. W. PERIT HUNTINGTON, [SEAL.]
Sup't Indian Affairs in Oregon, and acting Commissioner
on behalf of the United States.
MARK, head chief, his x mark. -SEAL.-
WM. CHINOOK, his x mark. SEAL.
KUCK-UP, his x mark. -SEAL:
PONST-AM-I-NE, his x mark. SEAL.
ALEX-ZAN, his x mark. 'SEAL.
-SEAL.-=
TAS-SIMK, his x mark.
JOIN MISSION, his x mark. SEAL:
LOCK-SQUIS-SQUIS-SA, his x mark. 'SEAL
KUCK-UPS, his x mark. -SEAL: =
his x mark. SEAL.
HOTE,
1-PALT-PEL, his x mark. SEAL.
SIN-NE-WAH, his x mark. -SEAL.
UMP-C-lIL-LE-PO0, his x mark. SEAL.-
=
SHOOLEY, his x mark. SEAL.
TAH-KOO, his x mark. SEAL.=
TUM-TSCHE-CUS, his x mark. SEAL.
TOU-WACKS, his x mark. SEAL.
HUL-LE-QUIL-LA, his x mark. SEAL.
TE-AH-KI-AK, his x mark. SEAL.
CHOK-TE, his x mark. -SEAL."
KOOTS H-TA, his x mark. -SEAL.

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TREATY WITH THE MIDDLE OREGONS. NoVmEBER 15, 1865. VA

Done in presence of -
TALLAX, his x mark, Interpreter.
DONALD MCKAY, his x mark, Interpreter.
CHARLES LAFOLLETT, Capt. Ist Og'n Inf.
GILLETT, School Teac/er.
J. W. D.
MYRON REAVES, Sup't Farminqoperations.

And whereas the said Treaty having been submitted to the Senate of Ratification
the United States for its constitutional action thereon, the Senate did, on
the second day of March, one thousand eight hundred and sixty-seven,
advise and consent to the ratification of the same, by a resolution in the
words and figures following, to wit : -
IN EXECUTIVE SESSION, SENATE OF THE UNITED STATES,
March 2, 1867.
Resolved, That the Senate advise and consent to the ratification of the
treaty between the United States and the confederate tribes and bands of
Indians of middle Oregon, concluded the fifteenth of November, one thou-
sand eight hundred and sixty-five, the same being amendatory and supple-
mental to the treaty with said Indians of the twenty-fifth of June, one
thousand eight hundred and fifty-five.
Attest: J. W. FORNEY, Secretary.

Now, therefore, be it known, that I, ANDREW JOHNSON, President of Proclaimed.


the United States of America, do, in pursuance of the advice and consent
of the Senate, as expressed in its resolution of the second of March, one
thousand eight hundred and sixty-seven, accept, ratify, and confirm the
said Treaty.
In testimony whereof, I have hereto signed my name, and caused the
seal of the United States to be affixed.
Done at the city of Washingtoa this twenty-eighth day of March, in
the year of our Lord one thousand eight hundred and sixty-
[SEAL.] seven, and of the Independence of the United States of Ameri-
ca the ninety-first.
ANDREW JOHNSON.
By the President:
WILLIAM H. SEWARD, Secretary of State.

VOL. XIV.

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HeinOnline -- 14 Stat. 754 1863-1867
TREATY WITH THE SEMINOLE INDIANS. MARcH 21, 1866. 765

Treaty between the United States of America and the Seminole Nation of
Indians; Concluded Mfarch16,21,1866.
1866; Ratiication advised July 19,
1866; ProclaimedAugust

ANDREW JOHNSON,
PRESIDENT OF THE UNITED STATES OF AMERICA, March 21, 1868.
TO ALL AND SINGULAR TO WHOM THESE PRESENTS SHALL COME, GREETING:

Whereas a Treaty was made and concluded at the city of Washington, Preamble.
in the District of Columbia, on the twenty-first day of March, in the year
of our Lord one thousand eight hundred and sixty-six, by and between
Dennis N. Cooley, Elijah Sells, and Col. Ely S. Parker, Commissioners
on the part of the United States, and John Chup-co, Cho-cote-harjo, Fos-
harjo, and John F. Brown, chiefs and delegates of the Seminole Indians,
on the part of said Indians, and duly authorized thereto by them, which
Treaty is in the words and figures following, to wit : -

ARTICLES OF A TREATY made and concluded at Washington, D. C., Contracting


March 21, A. D. 1866, between the United States government, by its parties.
Commissioners, D. N. Cooley, Commissioner of Indian affairs, Elijah
Sells, superintendent of Indian affairs, and Ely S. Parker, and the
Seminole Indians, by their chiefA, John Chup-co, or Long John, Cho-
eote-harjo, Fos-ha[r]-jo, John F. Brown.
PREAMBLE.

Whereas existing treaties between the United States and the Seminole
nation are insufficient to meet their mutual necessities; and whereas the
Seminole nation made a treaty with the so-called confederate states,
August 1st, 1861, whereby they threw off their allegiance to the United
States, and unsettled their treaty relations with the United States, and
thereby incurred the liability of forfeiture of all lands and other property
held by grant or gift of the United States ; and whereas a treaty of peace
and amity was entered into between the United States and the Seminole
and other tribes at Fort Smith, September 10, 1865, whereby the Semi-
noles revoked, cancelled, and repudiated the said treaty with the so-called
confederate states ; and whereas the United States, through its commis-
sioners, in said treaty of peace, promised to enter into treaty with the
Seminole nation to arrange and settle all questions relating to and grow-
ing out of said treaty with the so-called confederate states; and whereas
the United States, in view of said treaty of the Seminole nation with the
enemies of the government of the United States, and the consequent ha-
blitie of said Seminole nation, and in view of its urgent necessities for
more lands in the Indian territory, requires a cession by said Seminole
nation of a part of its present reservation, and is willing to pay therefor a
reasonable price, while at the same time providing new and adequate
lands for them.
Now, therefore, the United States, by its commissioners aforesaid, and
the above-named delegates of the Seminole nation, the day and year
above written, mutually stipulate and agree, on behalf of the respective
parties, as follows, to wit: -
ARTICLE I. There shall be perpetual peace between the United Peace ana
States and the Seminole nation, and the Seminoles agree to be and re- feidstnp.
main firm allies of the United States, and always faithfully aid the gov-
ernment thereof to suppress insurrection and put down its enemies.

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756 TREATY WITH THE SEMINOLE INDIANS. MARCH 21, 1866.

Military The Seminoles also agree to remain at peace with all other Indian
occupation and tribes, and with themselves. In return for these pledges of peace and
_rotec tioiby the
United States. friendship, the United States guarantee them quiet possession of their
country, and protection against hostilities on the part of other tribes ; and
in the event of such hostilities, that the tribe commencing and prosecuting
the same shall make just reparation therefor. Therefore the Seminoles
agree to a military occupation of their country at the option and expense
of the United States.
Amnesty. A general amnesty of all past offences against the laws of the United
States, committed by any member of the Seminole nation, is hereby de-
clared ; and the Seminole;, anxious for the restoration of kind and friend-
ly feelings among themselves, do hereby declare an amnesty for all past
offences against their government, and no Indian or Indians shall be pro-
scribed, or any act of forfeiture or confiscation passed against those who
have remained friendly to or taken up arms against the United States,
but they shall enjoy equal privileges with other members of said tribe,
and all laws heretofore passed inconsistent herewith are hereby declared
inoperative.
Slavery not to ARTICLE II. The Seminole nation covenant that henceforth in said
exist among the nation slavery shall not exist, nor involuntary servitude, except for and in
punishment of crime, whereof the offending party shall first have been
duly convicted in accordance with law, applicable to all the members of
said nation. And inasmuch as there are among the Seminoles many
persons of African descent and blood, who have no interest or property in
RLghtsofthose the soil, and no recognized civil rights, it is stipulated that hereafter these
of African de- persons and their descendants, and such other of the same race as shall be
scent, permitted by said nation to settle there, shall have and enjoy all the
rights of native citizens, and the laws of said nation shall be equally bind-
ing upon all persons of whatever race or color who may be adopted as
citizens or members of said tribe.
Cession of ARTICLE III. In compliance with the desire of the United States to
lands to the Uni- locate other Indians and freedmen thereon, the Seminoles cede and con-
ted States vey to the United States their entire domain, being the tract of land ceded
to the Seminole Indians by the Creek nation under the provisions of arti-
cle first (1st), treaty of the United States with the Creeks and Seminoles,
made and concluded at Washington, D. C., August 7, 1856. In considera-
Payment by tion of said grant and cession of their lands, estimated at two million one
the United hundred and sixty-nine thousand an'd eighty (2,169,080) acres, the United
States. States agree to pay said Seminole nation the sum of three hundred and
twenty-five thousand three hundred and sixty-two ($325,362) dollars,
Grant to the said purchase being at the rate of fifteen cents per acre. The United
Seminoles. States having obtained by grant of the Creek nation the westerly half of
their lands, hereby grant to the Seminole nation the portion thereof h6re-
after described, which shall constitute the national domain of the Seminole
Indians. Said landi so granted by the United States to the Seminole
i3oundaries. nation are bounded and described as follow,, to wit: Beginning on the
Canadian river where the line dividing the Creek lands according to the
terms of their sale to the United States by their treaty of February 6,
1866, following said line due north to where said line crosses the north
fork of the Canadian river; thence up said north fork of the Canadian
river a distance sufficient to make two hundred thousand acres by run-
ning due south to the Canadian river; thence down said Canadian river
Payment to the place of beginning. In consideration of said cession of two hundred
therefor. thousand acres of land described above, the Seminole nation agrees to pay
therefor the price of fifty cents per acre, amounting to the sum of one
hundred thousand dollars, which amount shall be deducted from the sum
paid by the United States for Seminole lands under the stipulations above
Balance due written. The balance due the Seminole nation after making said deduc-
the Seminoles. tion, amounting to one hundred thousand dollars, the United States agree

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TREATY WITH THE SEMINOLE INDIANS. MARCH 21, 1866. 757

to pay in the following manner, to wit: Thirty thousand dollars shall be How to be paid.
paid to enable the Seminoles to occupy, restore, and improve their farms,
and to make their nation independent and self-sustaining, and shall be dis-
tributed for that purpose under the direction of the Secretary of the Inte-
rior; twenty thousand dollars shall be paid in like manner for the pur-
pose of purchasing agricultural implements, seeds, cows, and other stock;
fifteen thousand dollars shall be paid for the erection of a mill suitable
to accommodate said nation of Indians; seventy thousand dollars to re-
main in the United States treasury, upon which the United States shall
pay an annual interest of five per cent ; fifty thousand of said sum of
seventy thousand dollars shall be a permanent school fund, the interest
of which shall be paid annually and appropriated to the support of
schools; the remainder of the seventy thousand dollars, being twenty
thousand dollars, shall remain a permanent fund, the interest of which
shall be paid annually for the support of the Seminole government; forty
thousand three hundred and sixty-two dollars shall be appropriated and
expended for subsisting said Indians, discriminating in favor of the desti-
tute; all of which amounts, excepting the seventy thousand dollars, to
remain in the treasury as a permanent fund, shall be paid upon the rati-
fication of said treaty, and disbursed in such manner as the Secretary of
the Interior may direct. The balance, fifty thousand dollars, or so much
thereof as may be necessary to pay the losses ascertained and awarded
as hereinafter provided, shall be paid when said awards shall have been
duly made and approved by the Secretary of the Interior. And in case
said fifty thousand dollars shall be insufficient to pay all said awards, it
shall be distributed pro rata to those whose claims are so allowed; and
until said awards shall be thus paid, the United States agree to pay to
said Indians, in such manner and for such purposes as the Secretary of
the Interior may direct, interest at the rate of five per cent per annum
from the date of the ratification of this treaty.
ARTICLE IV. To reimburse such members of the Seminole nation as Board of cow-
imssioners to
shall be duly adjudged....to have remained loyal and faithful to their treaty determline losse
relations to the United States, during the recent rebellion of the so-called sustaned by
confederate states, for the losses actually sustained by them thereby, loyal Seminoles.
after the ratification of this treaty, or so soon thereafter as the Secretary
of the Interior shall direct, he shall appoint a board of commissioners, not
to exceed three in number, who shall proceed to the Seminole country
and investigate and determine said losses. Previous to said investigation
the agent of the Seminole nation shall prepare a census or enumeration Census of
of said tribe, and make a roll of all Seminoles who did in no manner aid those loyal.
or abet the enemies of the government, but remained loyal during said
rebellion; and no award shall be made by said commissioners for such
losses unless the name of the claimant appear on said roll, and no com- heonNOexcept eompe"sa-
to
pensation shall be allowed any person for such losses whose name does loyal Indians
not appear on said roll, unless said claimant, within six months from the
date of the completion of said roll, furnibes proof satisfactory to said
board, or to the commissioner of Indian affairs, that he has at all times
remained loyal to the United States, according to his treaty obligations.
All evidence touching said claims shall be taken by said commissioners,
or any of them, under oath, and their awards made, together with the evi- Awards of
dence, shall be transmitted to the commissioner of Indian affairs, for his commloners.
approval, and that of the Secretary of the Interior. Said commissioners
shall be paid by the United States such compensation as the Secretary Pay.
of the Interior may direct. The provisions of this article shall extend
to and embrace the claims for losses sustained by loyal members of said What claims
losses m-
of race or color, whether at the time of said losses the forluded.
tribe, irrespective oe
claimants shall have been in servitude or not; provided said claimants
are made members of said tribe by the stipulations of this treaty.
ARTICLE V. The Seminole nation hereby grant a right of way through

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758 TREATY WITH THE SEMINOLE INDIANS. MARCH 21, 1866.

rilght of way their lands to any company which shall be duly authorized by Congress,
for railroad and shall, with the express consent and approbation of the Secretary of
granted through
theland ofthe the Interior, undertake to construct a railroad from any point on their
Semnoles eastern to their western or southern boundary ; but said railroad company,
together with all its agent, and employds, shall be subject to the laws of
the United States relating to the intercourse with Indian tribes, and also
to such rules and regulations as may be prescribed by the Secretary of
Lands will be the Interior, for that purpose. And the Seminoles agree to sell to the
sold. United States, or any company duly authorized as aforesaid, such lands
not legally owned or occupied by a member or members of the Seminole
nation lying along the line of said contemplated railroad, not exceeding
on each side thereof a belt or strip of land three miles in width, at such
price per acre as may be eventually agreed upon between said Seminole
nation and the party or parties building said road- subject to the ap-
proval of the President of the United States: Provided, 1.iwever, That
said land thus sold shall not be reconveyed, leased, or rented to, or be oc-
cupied by, any one not a citizen of the Seminole nation, according to its
Proviso. laws and recognized usages: Provided,also, That officer, servants, and
employds of said railroad necessary to its construction and management
shall not be excluded from such necessary occupancy, they being subject
to the provisions of the Indian intercourse laws, and such rules and regu.
lations as may be established by the Secretary of the Interior; nor shall
any conveyance of said lands be made to the party building and manag-
ing said road, until its completion as a flrst-claLi ,iailroad and its accept-
ance as such by the Secretary of the Interior.
Agency build- ARTICLE VI. Inasmuch as there are no agency buildings upon the
tugs. new Seminole reservation, it is therefore ffirther agreed that tho United
States shall cause to be constructed, at at expense not exceeding ten
thousand ($10,000) dollars, suitable agercy buildings, the site whereof
shall be selected by the agent of said Libe, under the direction of the
superintendent of Indian affairs ; in con3ideration whereof, the Seminolb
nation hereby relinquish and cede foever to the United States one see
tion of their lands, upon which stid agency buildings shall be directed
[erected], which land shall revert t. said nation when no longer used by
the United States, upon said nat~on paying a fair value for said buildings
at the time vacated.
zeminoles ARTICLE VII. The Seminole nation agrees to such legislation as
agree to certain Congress and the President may deem necessary for the better adininis
legislation. tration of the rights of person and property within the Indian territory:
Proviso. Provided, however, [That] said legislation shall not in any manner inter-
fere with or annul their present tribal organization, rights, laws, privi-
leges, and customs.
General coun- The Seminole nation also agree that a general council, consisting of
.il. delegates elected by each nation, a tribe lawfully resident within the In-
dian territory, may be annually convened in said territory, which council
shall be organized in such manner and possess such powers as are here-
inafter de~cribed : -
Census. 1st. After the ratification of this treaty, and as soon as may be deemed
practicable by the Secretary of the Interior, and prior to the first session
of said council, a census or enumeration of each tribe lawfully resident
in said territory shall be taken, under the direction of the superintendent
of Indian affairs, who, for that purpose, is hereby authorized to designate
and appoint competent persons, whose compensation shall be fixed by the
Secretary of the Interior and paid by the United States.
Ftritgeneral 2d. The first general council shall consist of one member from each
eouncifhow tribe, and an additional member for each one thousand Indians, or each
composed f, action of a thousand greater than five hundred, being members of any
tribe lawfully resident in said territory, and shall be elected by said tribes
respeetively who may assent to the establishment of said general council ;

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TREATY WITH THE SEMINOLE INDIANS. MARCH 21, 1866. 759

and if none should be thus formally selected by any nation or tribe, the
said nation or tribe shall be represented in said general council by the
chiefs and headmen of said tribes, to be taken in the order of their rank,
in the same number and proportion as above indicated. After the said
census shall have been taken and completed, the superintendent of Indian
affairs shall publish and declare to each tribe the number of members of
said council to which they shall be entitled under the provisions of this
article; and the persons so entitled to represent said tribe shall meet at
such time and place as he shall appoint; but thereafter the time and place Time and
of the sessions of said council shall be determined by its action: Pro- placeofmeeting.
vided, That no session in any one year shall exceed the term of thirty Sessions not to
days, and provided that special sessions of said council may be called by exceed 30 days.
said superintendent whenever, in his judgment, Special ses-
or that of the Secretary storm.
the Interior, the interest of said tribes shall require.
of
3d. Said general council shall have power to legislate upon all right- Powers of
fal subjects and matters pertaining to the intercourse and relations of the general council.
Indian tribes and nations resident in said territory - the arrest and extra-
dition of criminals and offenders escaping from one tribe to another; the
administration of justice between members of the several tribes of said
territory, and persons other than Indians and members of said tribes or
nations; the construction of works of internal-improvement and the com-
mon defence and safety of the nation of said territory. All laws enacted
by said council shall take effect at such ime as may therein be provided,
unless suspended by direction of the Secretary of the Interior or the
President of the United States. No law shall be enacted inconsistent
with the Constitution of the United States, or the laws of Congress, or
existing treaty stipulations with the United States; nor shall said council
legislate upon matters pertaining to the organization, laws, or customs of
the several tribes, except as herein provided for.
4th. Said council shall be presided over by the superintendent of In- Whotopreside
dian affairs, or, in case of his absence for any cause, the duties of said over council.
superintendent enumerated in this article shall be performed by such per-
son as the Secretary of the Interior may direct.
5th. The Secretary of the Interior shall appoint a secretary of said Secretary of
council, whose duty it shall be to keep an accurate record of all the pro- counil.
ceedings of said council, and who shall transmit a true copy of all such
proceedings, duly certified by the superintendent of Indian affairs, to the
Secretary of the Interior immediately after the seqsion of said council.
He shall be paid out of the treasury of the United States an annual sal- Pay.
ary of five hundred dollars.
6th. The members of said council shall be paid by the United States Pay of mens-
the sum of four dollars per diem during the time actually in attendance bers.
upon the sessions of said council, and at the rate of four dollars for every
twenty miles necessarily travelled by them in going to said council and
returning to their homes, respectively, to be certified by the secretary of
the said council and the sup[erintenden]t of Indian affairs.
7th. The Seminoles also agree that a court or courts may be established Courts.
in said territory, with such jurisdiction and organized in such manner as
Congress may by law provide.
ARTICLE VIII. The stipulations of this treaty are to be a full settle- This treaty to
ment of all claims of said Seminole nation for damages and losses of every he a funl
be settle-
f all
kind growing out of the late rebellion, and all expenditures by the United claims
States of annuities in clothing and feeding refugee and destitute Indians
since the diversion of annuities for that purpose, consequent upon the late
war with the so-called confederate states. And the Seminoles hereby
ratify and confirm all such diversions of annuities heretofore made from Diversions of
the finds of the Seminole nation by the United States. And the United annuities.
States agree that no annuities shall be diverted from the objects for which
they were originally devoted by treaty stipulations with the Seminoles,

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760 TREATY WITH THE SEMINOLE INDIANS. &RcM
i 21, 1866.

to the use of refugee and destitute Indians, other than the Seminoles or
members of the Seminole nation, after the close of the present fiscal year,
June thirtieth, eighteen hundred and sixty-six.
Treaty obliga- ARTICLE IX. The United States reaffirms and reassumes all obliga-
tions reaffirmed. tions of treaty stipulations entered into before the treaty of said Seminole
nation with the so-called confederate states, August first, eighteen hun-
dred and sixty-one, not inconsistent herewith ; and further agree to renew
all payments of annuities accruing by force of said treaty stipulations,
from and after the close of the present fiscal year, June thirtieth, in the
year of our Lord one thousand eight hundred and sixty-six, except as is
provided in article eight (viii).
Land granted ARTICLE X. A quantity of land not exceeding six hundred and forty
for
or mlssiOnarY acres, to be selected according to legal subdivisions, in one body, and
educational
purposes; which shall include their improvements, is hereby granted to every relig-
ious society or denomination which has erected, or which, with the consent
of the Indians, may hereafter erect, buildings within the Seminole country
not to be sold, for missionary or educational purposes; but no land thus granted, nor the
except, &c. buildings which have been or may be erected thereon, shall ever be sold
or otherwise disposed of except with the consent and approval of the See-
When sold, retary of the Interior. And whenever any such land or buildings shall be
proeepds to be so sold or disposed of, the proceeds thereof shall be applied, under the di-
ow applied. rection of the Secretary of the Interior, to the support and maintenance
of other similar establishments for the benefit of the Seminoles and such
other persons as may be, or may hereafter become, members of the tribe
according to its laws, customs, and usages.
Inconsistent ARTICLE XL It is further agreed that all treaties heretofore entered
treaty provisions into between the United States and the Seminole nation which are incon-
annulled. sistent with any of the articles or provisions of this treaty shall be, and
are hereby, rescinded and annulled.
Execution. In testimony whereof, the said Dennis N. Cooley, Commissioner of In-
dian affairs, Elijah Sells, superintendent of Indian affairs, and Col. Ely
S. Parker, as aforesaid, and the undersigned, persons representing the
Seminole nation, have hereunto set their hands and seals the day and
year first above written.
DENNIS N. COOLEY, '[SEAL.]
Commissioner of Indian Affairs.
ELIJAH SELLS, [SEA.]
Superintendent l idian Affairs.
COL. ELY S. PARKER, [SFL1.]
Special Commissioner.
JOHN CHUP-CO, his x mark, [SEAL.]
King or Head Chief.
CHO-COTE-HARJO, his x mark, [sEAL.]
Counsellor.
FOS-HARJO, his x mark, [srAL.]
Ch sef.
JOIIN F. BROWN, [SEAL.]
Special Delegatefor Southern Seminoles.
In presence of-
ROBERT JoiNsoN, his x mark,
U. S. Interpreterfor Seminole Indians.
GEO. A. REYNOLDS,
U. S. Indian Agent for Seminoles.
OK-TUS-SUS-HAR-Jo, his x mark, or SADS.
COW-E-To-E-Ko, his x mark.
CHE-cHU-CHiEE, his x mark.
HARRY ISLAND, his x mark,
U. S. Interpreterfor Creek Indians.

HeinOnline -- 14 Stat. 760 1863-1867


TREATY WITH THE SEMINOLE INDIANS. MARCH 12, 1866. 761

J.W. DuN-,
U. S. Indian Agent for the Creek flation.
PERRY FULLER.

Signed by John F. Brown, special delegate for Southern Seminoles, in


presence of, this June thirtieth, eighteen hundred and sixty-six
W. R. IRWIN.
J. M. TEBBETTS.
GEo. A. RnYNOLDS, U. S. Indian Agent.
ROBERT JOHNsON, his x mark, U S. Interpreter.

And whereas, the said treaty having been submitted to the Senate of lfatifcati on.
the United States for its constitutional action thereon, the Senate did, on
the nineteenth day of July, one thousand eight hundred and sixty-six,
advise and consent to the ratification of the same, by a resolution in the
words and figures following, to wit: -

IN EXECUTIVE SESSION, SENATE OF THE UNITED STATES.


July 19, 1866.
Resolved, (two thirds of the senators present concurring,) That the Sen-
ate advise and consent to the ratification of the articles of a treaty made
and concluded at Washington, D. C., March twenty-first, in the year of
our Lord one thousand eight hundred and sixty-six, between the Commis-
sioners on the part of the United States and the Seminole Indians.
Attest: J. W. FORNEY, Secretary.

Now, therefore, be it known that I, ANDREW JOHNSON, President of Proclaimed.


the United States of America, do, in pursuance of the advice and consent
of the Senate, as expressed in its resolution of the nineteenth of July, one
thousand eight hundred and sixty-six, accept, ratify, and confirm the said
treaty.,
Done at the city of Washington this sixte-nth day of August, in the
year of our Lord one thousand eight hundred and sixty-six, and of the
Independence of the United States of America the ninety-first.
ANDREW JOHNSON.
By the President:
WILLIAM H. SEWARD,
Secretary of State.

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HeinOnline -- 14 Stat. 762 1863-1867
TREATY WITH THE POTTAWATOMIE INDIANS. MARCH 29, 1866. 763

Supplemental Article to the Treaty of lYovember 15, 1861, between the


United States of America and the Pottawatomie Tribe of Idians;
Conctuded March 29, 1866; Ratification advised April 26, 1866;
Proclaimed May 5, 1866.

ANDREW JOHNSON,
PRESIDENT OF THE UNITED STATES OF AMERICA, March 29, 1886.

TO ALL AND SINGULAR TO WHOM THESE PRESENTS SHALL COME, GREETING:

Whereas a supplemental article to the treaty between the United States Preamble.
of America and the Pottawatomie Nation of Indians, of the fifteenth of
November, one thousand eight hundred and sixty-one, was made and con-
eluded at the city of Washington, in the District of Columbia, on the
twenty-ninth day of Marrh, in the year of our Lord one thousand eight Vol. xii. p. 1191.
hundred and sixty-six, by and between Dennis N. Cooley, Commissioner,
on the part of the United States, and J. N. Bourassa, U. F. Navane, and
B. N. Bertrand, Business Committee, on the part of said nation of Indians,
and duly authorized thereto by them, which supplemental article is in the
words and figures following, to wit : -
Whereas certain amendments are desired bythe Pottawatomie Indians Contracting
to their treaty concluded at the Pottawatomie. Agency on the fifteenth day parties.
of November, A. D. 1861, and amended by resolution of the Senate of
the United States dated April the fifteenth, A. D. 1862; and whereas the
United States are willing to assent to such amendments; it is therefore
agreed by and between Dennis N. Cooley, Commissioner, on the part of'
the United States, thereunto duly authorized, and the undersigned Bus-
iness Committee, acting on behalf of said tribe, and being thereunto duly
authorized, in manner and form following, that is to say :
AITICLE I. The beneficial provisions in behalf of the more prudent Provisions of
and intelligent members of said tribe, contained in the third article of the third article of
former treaty
amended treaty above recited, shall not hereafter be confined to males and extended tolal
heads of families, but the same shall be and are hereby extended to all adult persons of'
addlt persons of said tribe without distinction of sex, whether such personsthe tribe.
are or shall be heads of families or otherwise, in the same manner, to the
same extent, and upon the same terms, conditions, and stipulations as are
contained in said third article of said treaty with refel'ence to "males and
heads of families."
In testimony whereof the paid parties by their Commissioner and Bus- Execution.
iness Committee aforesaid have hereunto set their hands and seals at
Washington City, District of Columbia, this 29th day of March, in the
year of our Lord one thousand eight hundred and sixty-six. -
DENNIS N. COOLEY, [SEAL.]
Commissioner.
J. N. BOURASSA, [SEAL.]
U. F. NAVANE, SEAL.
B. N. BERTRAND, -SEAL.
Business C ommittee
Signed In pr.sence of-
L. R. ]PALER,
JAMES STEELE.

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764 TREATY WITH THE POTTAWATOMIE INDIANS. MARoH 29, 1866.

Ratification. And whereas the said supplemental article having been submitted to
the Senate of the United States for its constitutional action thereon, the
Senate did, on the twenty-sixth day of April, one thousand eight hundred
and sixty-six, advise and consent to the ratification of the same, by a res-
olution in the words and figures following, to wit:

IN EXECUTIVE SESSION, SENATE OF THE UNITED STATES.


April 26, 1866.
Resolved, (two thirds of the Senators present concurring,) That the
Senate advise and consent to the ratification of the supplemental article to
the Pottawatomie treaty of November 15, 1861, concluded on the 29th of
March, 1866.
Attest: J. W. FORNEY, Secretary.
iroelaimed. Now, therefore, be it known that I, ANDREW JOHNSON, President
of the United States of America, do, in pursuance of the advice and con-
sent of the Senate, as expressed in its resolution of the twenty-sixth of
April, one thousand eight hundred and sixty-six, accept, ratify, and con-
firm the said supplemental article of treaty as aforesaid.
In testimony whereof I have signed the same with my hand, and have
caused the seal of the United States to be hereto affixed.
Done at the city of Washington, this fifth day of May, in the
year of our Lord one thousand eight hundred and sixty-six,
[sEAL.] and of the Independence of the United States of America
the ninetieth.
ANDREW JOHNSON.
By the President:
WILLIAM H. SEWAuD, Secretary of State.

HeinOnline -- 14 Stat. 764 1863-1867


TREATY WITH THE BOIS FORTE INDIANS. ArRm 7, 1866.

Treaty between the United States of America and the Bois Forte Band
of (hippewa Indians; Concluded April 7, 1866; .Ratiftationadvised,
with Amendment, April 26, 1866; Amendment acceptedApril 28,1866;
Proclaimed May 5, 1866.

ANDREW JOHNSON,
PRESIDENT OF THE UNITED STATES OF AMERICA, April T, 1866

TO ALL AND SINGULAR TO WHOM THESE PRESENTS SHALL COME, GREETING:

WHEREAS a treaty was made and concluded at the city of Washing- Preamble.
ton, in the District of Columbia, on the seventh day of April, in the year
of our Lord one thousand eight hundred and sixty-six, by and between
Dennis N. Cooley and E. E. L. Taylor, Commissioners, on the part of
the United States, and Gabeshcodaway or Going through the Prairie,
Babawmadjewesheang or Mountain Traveller, and others, chiefs, head-
men, and warriors of the Bois Forte Band of Chippewa Indians, on the
part of said band of Indians, and duly authorized thereto by them, which
treaty is in the words and figures following, to wit: -

ARTICLES OF A TREATY made and concluded at Washington, District of Contrat


Columbia, this seventh day of April, in the year of our Lord one thou- Partes
sand eight hundred and sixty-six, by and between the United States,
party of the fist part, by their Commissioners, D. N. Cooley, Commis-
sioner of Indian Affairs, and E. E. L. Taylor, thereunto duly author-
ized, and the Bois Forte band of Chippewa Indians, parties of the
second part, by the undersigned chiefs, headmen, and warriors of said
bands, thereunto duly authorized.

ARTICLE I. The peace and friendship now existing between the Peace and
United States and said Bois Forte bands of Indians shall be perpetual. friendship.
ARTICLE IL In consideration of the agTeements, stipulations, and Cessionof
undertakings to be performed by the United States, and hereinafter ex- lands to the
pressed, the Bois Forte bands of Chippewas have agreed to, and do here-
by, cede and forever relinquish and surrender to the United States all
their right, title, claim, and interest in and to all lands and territory here-
tofore claimed, held, or possessed by them, and lying east of the boundary Boundaries.
line mentioned and established in and by the first article of the treaty
made and concluded by and between the United States of the one part,
and the Chippewas of Lake Superior and the Mississippi of the other
part, on the 30th day of September, A. D. 1854, and more especially in Vol . 109.
and to all that portion 6T said territory heretofore claimed and occupied
by them at and near Lake Vermillion as a reservation. The Bois Forte
band of Chippewas in like mannner cede and relinquish forever to the
United States all their claim, right, title, and interest in and to all lands
and territory lying westwardly of said boundary line, or elsewhere within
the limits of the United States.
ARTICLE III. In consideration of the foregoing cession and relin- The United
States to set
quishment, the United States agree to and will perform the stipulations, apart a rese .
undertakings, and agreements following, that is to say: - vataon.
1st. There shall be set apart within one year after the date of the
ratification of this treaty, under the direction of the President of the

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766 TREATY WITH THE BOIS FORTE INDIANS. APRIL 7,1866

United States, within the Chippewa country, for the perpetual use and
occupancy of said Bois Forte band of Chippewas, a tract of land of not
less than one hundred thousand acres, the said location to include a lake
known by the name of Netor As-sab-a-co-na, if, upon examination of the
country by the agent sent by the President of the United States to select
the said reservation, it is found practicable to include the said lake there-
in, and also one township of land on the Grand Fork river, at the mouth
of Deer creek, if such location shall be found practicable.
The United 2d. The United States will as soon as practicable after the setting
States to erect apart of the tract of country first above mentioned, erect thereon without
shop, school-
house, houses for expense to said Indians, one blacksmith's shop, to cost not exceeding five
chiefs, and other hundred dollars ; one school-house to cost not exceeding five hundred dol-
buldmgs; lars; and eight houses for their chiefs, to cost not exceeding four hundred
dollars each ; and a building for an agency house and storehouse for the
storage of goods and provisions, to cost not exceeding two thousand dol-
lars.
topay annul- 3d. The United States will expend annually for and in behalf of said
ties "ortwenty Bois Forte band of Chippewas, for and during the term of twenty years
years. from and after the ratification of this treaty, the several sums and for the
Objects of an- purposes following, to wit: For the support of one blacksmith and assist-
nuities, ant, and for tools, iron, and steel, and other articles necessary for the
blacksmith's shop, fifteen hundred dollars ; for one school-teacher, and the
necessary books and stationery for the school, eight hundred dollars, the
chiefs in council to have the privilege of selecting, with the approval of
the Secretary of the Interior, the religious denomination to which the said
teacher shall belong; for instructions of the said Indians in farming, and
the purchase of seeds, tools, &c., for that purpose, eight hundred dollars;
and for annuity payments, the sum of eleven thousand dollars, three thou-
sand five hundred dollars of which shall be paid to them in money per
capita, one thousand dollars in provisions, ammunition, and tobacco, and
six thousand five hundred dollars to be distributed to them in goods and
other articles suited to their wants and condition.
Payment of ARTICLE IV. To enable the chiefs, headmen, and warriors now pres-
$60.000 to In- ent to establish their people upon the new reservation, and to purchase
dians.
Amendment. useful articles and presents for their people, the United States agree to
Paos, p. 767. pay to them, upon the ratification of this treaty, the sum of fifty thousand
dollars, to be expended under the direction of the Secretary of the Inte-
rior.
Grant of lands ARTICLE V. In consideration of the services heretofore rendered to
to certain per- the stid Indians by Francis Roussaire, senior, Francis Roussaire, jr., and
seons for services. Peter E. Bradshaw, it is hereby agreed that the said persons shall each
have the right to select one hundred and sixty acres of land, not mineral
lands, and to receive patents therefor from the United States; and for
the like services to the Indians, the following-named persons, to wit:
Peter Roy, Joseph Gurnoe, Francis Roy, Vincent Roy, Eustace Rous-
saire, and D. George Morrison shall each have the right to select eighty
acres of land, not mineral lands, and to receive from the United States
patents therefor.
Annuities to ARTICLE VI. It is further agreed that all payments of annuities to
be paid upon the the Bois Forte band of Chippewas shall be made upon their reservation if,
reservation, if,
&e. upon examination, it shall be found practicable to do so.
Inconsistent ARTICLE VII. It is agreed by and between the parties hereto that
rovisions of the ratification of this treaty all former treaties existing between
rmer treaties upon
abrogated. them inconsistent herewith shall be, and the same are hereby, abrogated
and made void to all intents and purposes; and the said Indians hereby
relinquish any and all claims for arrears of payments claimed to be due
under such treaties, or that are hereafter to fall due under the provisions
Partoftreatyof of the same; except that as to the third clause of the 12th article of the
bept. 80, 1854, treaty of Sept. 30th, 1854, providing for a blacksmith, smithshop, sup-

HeinOnline -- 14 Stat. 766 1863-1867


TREATY WITH THE BOIS FORTE INDIANS. APRIL 7,1866. 767
plies, and instructions in farming, the same shall continue in full force to remain in full
and effect, but the benefits thereof shall be transferred to the Chippewas force.
Vol. x. p.1110.
of Lake Superior. Payment of
ARTICLE VIII. The United States also agree to pay the necessary expensesofdele-
expenses of transportation and subsistence of the delegates who have vis- 5at"on to Wash-
ited Washington for the purpose of negotiating this treaty, not exceeding ington.
the sum of ten thousand dollars.
In testimony whereof, the undersigned, Commissioners on behalf of the
United States, and the delegates on behalf of the Bois Forte band of
Chippewas, have hereunto set their hands and seals the day and year first
above written.
D. N. COOLEY, Gom'r of Ind.Affairs. L. S.]
E. E. L. TAYLOR, Special Com'r. [L. s.]
GABESHCODAWAY, or Going through the Prairie,
his x mark. [L. 1.]
BABAWMADJEWESHCANG, or Mountain Traveller,
his x mark. [L. S.]
ADAWAWNEQUABENACE, or Twin-haired Bird,
his x mark. [L. S.]
SAGWADACAMEGISHCANG, or He who Tries the
Earth, his x mark. [L. S.]
NEONING, or The FourFingers, his x mark. .
WABAWGAMAWGAU, or The Tomahawk, his x mark. L.S.
GANAWAWBAMINA, or He who is Looked at,
his x mark. [:L. s.]
GAWNANDAWAWINZO, or Berry Hunter,
his x mark. [L. s.J
ABETANG, or He who Inhabits. his x mark. S-1

In presence of-
LUTHER E. WEBB, [L. S.]
U. S. Indian Agent for OChppewas, Lake Superior.
JosErix D. GvuNOE, [L. S.]
U. S. Interpreter,Lake Superior.
J. C. RAMSEY. ]
BENJ'N THOMPSON.
PETER ROY.
D. GEO. MORRISON.
VINCENT Roy, Jr.
W. H. WATSON.
And whereas the said treaty, having been submitted to the Senate of Ratiflcatlon
the United States for its constitutional action thereon, the Senate did, on with amend-
the twenty-sixth day of April, one thousand eight hundred and sixty-six,
advise and consent to the ratification of the same, with an amendment, in
the words and figures following, to wit: -
IN EXECTIVE SESSION, SENATE OF THE UNITED STATES,
April 26, 1866.
Resolved, (two thirds of the Senators present concurring,) That the
Senate advise and consent to the ratification of the articles of a treaty
made and concluded at Washington, District of Columbia, the seventh
day of April, 1866, between the United States and the Bois Forte band
of Chippewa Indians, with the following

AMENDMENT:
Article IV., line 4, strike out the word "fifty," and insert in lieu there- Anui p. 766.
of the word thirty.
Attest : J. W. FORNEY, Secretary.

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768 TREATY WITH THE BOIS FORTE INDIANS. AFRrL 7, 1866.

And whereas the foregoing amendment having been fully explained


Amendment and interpreted to the chief., headmen, and warriors of the Bois Forte
accepted. Band of Chippewa Indians whose names are subscribed to the writing
hereto following, they did, on the twenty-eighth day of April, one thousand
eight hundred and sixty-six, give their free and voluntary assent to said
amendment in the words and figures following, to wit: -
Whereas the Senate of the United States has advised and consented to
the ratification of the treaty' made on the seventh day of April, 1866,
with the Bois Forte band of Chippewa Indians, with the following amend-
ment, to wit:-
"In article IV. of said treaty, line 4, strike out the word 'fifty,' and
insert in lieu thereof the word thirty."
Now, therefore, we, the chiefs, headmen, and warriors of the said
Bois Forte band, duly authorized by our people, do hereby assent and
agree to the said amendment above written, the same having been inter-
preted to us, and being fully understood by us.
Witness our hands and seals this 28th day of April, A. D. 1866, at
Washington, D. C.
GABESHCODAWAY, his x mark. "L. S."
BABAWMADJEWESHCANG, his x mark. 'L. S.
ADAWAWNEQUABENACE, his x mark. L. 8.
GAGWADACAMEGISHCANG, his x mark. L. S.
WABAWGAMAWGAU, his x mark. L. S.
GANAWAWBAMINA, his x mark. L. S.'
GAWNANDAWAWINZO, his x mark. L. 8.
ABETANG, his x mark. L. a.

Withes: -
JosvPH D, Qubo, [L. S.] U S. Interpreter.
D. N. COOLEY, (L. S.] Com'r Ind. Affairs.
L. E. WEBB, ?7- S. Indian Agent.
J. C. RASEr.

Proclaimed. Now, therefore, be it known that I, ANDREW JOHNSON, President


of the United States of America, do, in pursuance of the advice and con-
sent of the Senate, as expressed in its resolution of the twenty-sixth of
April, one thousand eight hundred and sixty-six, accept, ratify, and con-
firm the said treaty, with the amendment as aforesaid.
In testimony whereof, I have signed my name, and have caused the
seal of the United States to be hereto affixed.
Done at the city of Washington, this fifth day of May, in the
year of our Lord one thousand eight hundred and sixty-six,
[sn.*.] and of the Independence of the United States of America
the ninetieth.
ANDREW JOHNSON.
By the President:
WILLIAx H. SEWARD, Secretary of &ate.

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tREATY WITH THE CHOCTAWS AND CHICKASAWS. APRIIL28,1866.769

Treaty ,etween the United States of America and the Choctaw and Chicka-
vaw Indtans; Concluded April 28, 1866; Ratification advised, with
Amendments, June 28, 1866; Amendments accepted July 2, 1866; Pro-
claimed July 10, 1866.

ANDREW JOHNSON,
PRESIDENT OF THE UNITED STATES OF AMERICA, April 28, 1868.
TO ALL At) SINGULAR TO WHOM TUESE PRESENTS SHALL COME, GREETING:

WHEREAS a treaty was made and concluded at the city of Washington, Preamble.
in the District of Columbia, on the twenty-eighth- day of April, in the
year of our Lord one thousand eight hundred and sixty-six, by and be-
tween Dennis N. Cooley, Elijah Sells, and E. S. Parker, Commissioners,
on the part of the United States, and Alfred Wade, Allen Wright, James
Riley, and John Page, Commissioners, on the part of the Choctaw nation
of Indians, and Winchester Colbert, Edmund Pickens, Holmes Colbert,
Colbert Carter, and Robert H. Love, Commissioners, on the part of the
Chickasaw nation of Indians, all of which Commissioners were duly au-
thorized thereto, which treaty is in the words and figures following, to
wit:

ARTICLES OF AGREEMENT AND CONvENTIoN between the United States Contracting


and the Choctaw and Chickasaw nations of Indians, made and 3on- parties.
eluded at the city of Washington the twenty-eighth day of April, in
the year eighteen hundred and sixty-six, by Dennis N. Cooley, Elijah
Sells, and E. S. Parker, Special Commissioners on the part of the
United States, and Alfred Wade, Allen Wright, James Riley, and John
Page, Commissioners on the part of the Choctaws, and Winchester
Colbert, Edmund Pickens, Holmes Colbert, Colbert Carter, and Robert
II. Love, Commissioners on the part of the Chickasaws.

ARTICLE 1. Permanent peace and friendship are hereby established Peace and
between the United States and said nations; and the Choctaws and friendship.
Chickasaws do hereby bind themselves respectively to use their influence
and to make every exertion to induce Indians of the plains to maintain
peaceful relations with each other, with other Indians, and with the
United States.
ARTICLE II. The Choctaws and Chickasaws hereby covenant and Slavery and
agree that henceforth neither slavery nor involuntary servitude, other- involuntary er-
wise than in punishment of crime whereof the parties shall have been
duly convicted, in accordance with laws applicable to all members of the
particular nation, shall ever exist in said nations.
ARTICLE III. The Choctaws and Chickasaws, in consideration of the Cession of the
sum of three hundred thousand dollars, hereby cede to the United States teeddsrct to
the territory west of the 980 west longitude, known as the leased dis- States.
trict, provided that the said sum shall be invested and, held by the
United States, at an interest not less than five per cent, in trust for
the said nations, until the legislatures of the Choctaw and Chickasaw Purchase mon-
nations respectively shall have made such laws, rules, and regulations as edey by
to be
theinvest-
United
may be necessary to give all persons of Afrkan descent, resident in the States and held
said nations at the date of the treaty of Fort Smith, and their descend- intrustuntil,&c.
ants, heretofore held in slavery among said nations, all the rights, privi-
leges, and immunities, including the right of suffrage, of citizens of said
VoL. XIV. 49

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770 TREATY WITH THE CHOCTAWS AND CHICKASAWS. APRa 28,1866.

nations, except in the annuities, moneys, and public domain claimed by,
or belonging to, said nations respectively; and also to give to such per-
sons who were residents as aforesaid, and their descendants, forty acres
each of the land of said nations on the same terms as the Choctaws and
Chickasaws, to be selected on the survey of said land, after the Choc-
taws and Chickasaws and Kansas Indians have made their selections as
herein provided; and immediately on the enactment of such laws, rules,
and regulations, the said sum of three hundred thousand dollars shall be
paid to the said Choctaw and Chickasaw nations in the proportion of
three fourths to the former and one fourth to the latter,- less such sum,
at the rate of one hundred dollars per capita, as shall be sufficient to pay
such parsons of African descent before referred to as within ninety days
after the passage of such laws, rules, and regulations shall elect to remove
and actually remove from the said nations respectively. And should the'
said laws, rules, and regulations not be made by the legislatures of the
said nations respectively, within two years from the ratification of this
treaty, then the said sum of three hundred thousand dollars shall cease to
be held in trust for the said Choctaw and Chickasaw nations, and be held
for the use and benefit of such of said persons of African descent as the
United States shall remove from the said territory in such manner as the
United States shall deem proper, -the United States agreeing, within
ninety days from the expiration of the said two years, to remove from
said nations all such persons of African descent as may be willing to re-
move; those remaining or returning after having been removed from said
nations to have no benefit of said sum of three hundred thousand dollars,
or any part thereof, but shall be upon the same footing as other citizens
of the United States in the said nations.
Rignta of ne- ARTICLE IV. The said nations further agree that all negroes, not
groes and freed- otherwise disqualified or disabled, shall be competent witnesses in all civil
men. and criminal suits and proceedings in the Choctaw and Chickasaw courts,
any law to the contrary notwithstanding; and they fully recognize the
right of the freedmen to a fair remuneration on reasonable and equitable
coiitracts for their labor, which the law should aid them to enforce. And
they agree, on the part of their respective nations, that all laws shall be
equal in their operation upon Choctaws, Chickasaws, and negroes, and
that no distinction affecting the latter shall at any time be made, and that
they shall be treated with kindness and be protected against injury; and
they further agree, that while the said freedmen, now in the Choctaw and
Clickasaw nations, remain in said pations, respectively, they shall be en-
titled to as much land as they may cultivate fot the support of themselves
and fkmilies, in cases where they do not support themselves and families
by hiring, not interfering with existing improvements without the consent
of the occupant, it being understood that in the event of the making of
the lavs, rules, and regulations aforesaid, the forty acres aforesaid shall
stand in place of the land cultivated as last aforesaid.
Amnesty for ARTICLE V. A general amnesty of all past offences against the laws
past offences. of the United States, committed before the signing of this treaty by any
member of' the Choctaw or Chickasaw nations, is hereby declared; and
the United States will especially request the States of Missouri, Kansas,
Arkansas. and Texas to grant the like amnesty as to all offences commit-
Amendment. ted by any member of the Choctaw or Chickasaw nation. And the
Post, p. 782. Choctaws and Chickasaws, anxious for the restoration of kind and friend-
ly feelings among themselves, do hereby declare an amnesty for all past
offences against their respective governments, and no Indian or Indians
shall be proscribed, or any act of forfeiture or confiscation passed against
those who may have remained friendly to the United States, but they
shall enjoy equal privileges with other members of said tribes, and all
laws heretofore passed inconsistent herewith are hereby declared inoper-
ative.

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TREATY WITH THE CHOCTAWS AND CHICKASAWS. APuiL 28,1866.771
ARTICLE VI. The Choctaws and Chickasaws hereby grant a right of Right of way
way through their lands tor any company
' or companies which shall be duly through theirrail-
coufitry for
authorized by Congress, or by the legislatures of said nation, respecti%ely, roadr.
and which shall, with the express consent and approbation of the Secre-
tary of the Interior, undertake to construct a railroad through the Choc-
taw and Chickasaw nations from the north to the south thereof, and from
the east to the west side thereof, in accordance with the provisions of the
18th article of the treaty of June twenty-second, one thousand eight hun- Vol. xi. p 814.
dred and fifty-five, which provides that for any property taken or de-
stroyed in the construction thereof full compensation shall be made to the Damages.
party or parties injured, to be ascertained and determined in such manner
as the President of the United States shall direct. But such railroad Companies
company or companies, with all its or their agents and employds shall be subject to laws,
subject to the laws of the United States relating to intercourse with
Indian tribes, and also to such rules and regulations as may be prescribed
by the Secretary of the Interior for that purpose. And it is also stipu-
lated and agreed that the nation through which the road or roads afore- Indians may
said shall pass may subscribe to the stock of the particular company or ubs cribe to
companies such amount or amounts as they may be able to pay for in al-
tet iate sections of unoccupied lands for a space of six miles on each side
of said road or roads, at a price per acre to be agreed upon between said
Choctaw and Chickasaw nations and the said company or companies, sub-
ject to the approval of the President of the United States: Provided, Proviso.
however, That said land, thus subscribed, shall not be sold, 6r demised, or
occupied by any one not a citizen of the Choctaw or Chicka-aw nations,
according to their laws and recognized usages: Provided, That the offi-
ceis, seivants, and employds of such companies nece~sary to the con-
struction and management of said road or roads shall not be excluded
fiom such occupancy as their respective functions may require, they be-
ing subject to the provisions of the Indian intercourse law and such rules
and regulations as may be establshed by the Secretary of the Interior:
And provided also, That the stock thus subscribed by either of said na-
tions shall have the force and effect of a first mortgage bond on all that
part of said road, appurtenances, and equpments situated and used within
said nations respectively, and shall be a perpetual lien on the same, and
the said nations shall have the right, from year to year, to elect to receive
their equitable proportion of declared dividends of profits on their said
stock, or interet on the par value at the rate of six per cent per annum.
2. And it is further declared, in this connection, that as fast as sections
of twenty miles in length are completed, with the rails laid ready for use, When compa-
with all water and other stations necessary to the use thereof; as a first tiedt patents
ied"topaents
class road, the said company or companies shall become entitled tow patents for the lands.
for the alternate sections atbresaid, and may proceed to dispose thereof in
the manner herein provided for, subject to the approval of the Secretary
of the Interior.
3. And it is further declared, also, in case of one or more of said al-
ternate sections being occupied by 0 any member or members of said na- may Otherlands
be selected
tions respectively, so that the same cannot be transferred to the said corn- in lieu ofoecu-
pany or companies, that the said nation or nations, respectively, may pied sections.
select any unoccupied section or sections, as near as circumstances will
permit, to the said width of six miles on each side of said road or roado,
and convey the same as an equivalent for the section or sections so occu-
pied as aforesaid.
ARTICLE VII. The Choctaws and Chickasaws agree to such legisla-
tiotb as Congress and the President of the United States may deem Legislation by
necessary for the better administration of justice and the protection of the rights
Congress for
of persons
rights of person and property within the Indian territory: Provided,how- and property
ever, Such legislation shall not in any wise interfere with or annul their
present tribal organization, or their respective legislatures or judiciaries,

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772 TREATY WITH THE CHOCTAWS AND CHICKASAWS. APRIL 28,1866.
or the rights, laws, privileges, or customs of the Choctaws and Chickasaw
nations respectively.
ARTICLE VIII. The Choctaws and Chickasaw also agree that a coun-
A council to cil, consisting of delegates elected by each nation or tribe lawfully resident
be convened within the Indian territory, may be annually convened in said territory
annay. to be organized as follows: -
1. After the ratification of this treaty, and as soon as may be deemed
Census of the practicable by the Secretary of the Interior, and prior to the first session
tribes to be of said assembly, a census of each tribe, lawfully resident in said terri-
taken.
tory, shall be taken, under the direction of the superintendent of Indian
affairs, by competent persons, to be appointed by him, whose compensa-
tion shall be fixed by the Secretary of the Interior and paid by the Unit-
ed States.
2. The council shall consist of one member from each tribe or nation
Connciltocon- whose population shall exceed five hundred, and an additional member
sist of whom for each one thousand Indians, native or adopted, or each fraction of a
thousand greater than five hundred being members of any tribe lawfully
resident in said territory, and shall be selected by the tribes or nations re-
spectively who may assent to the establishment of said general assembly;
and if none should be thus formally selected by any nation or tribe, it
shall be represented in said general assembly by the chief or chiefs and
headmen of said tribes, to be taken in the order of their rank as recog-
nized in tribal usage in the number and proportions above indicated.
3. After the said census shall have been taken and completed, the
Members to superintendent of Indian affairs shall publish and declare to each tribe the
which each tribe
isentitie. number of members of said council to which they shall be entitled under
the provis:ons of this article ; and the persons so to represent the said
tribes shall meet at such time and place as he shall designate, but there-
Timeandplace after the time and place of the sessions of the general assembly shall be
of meeting. determined by itself: Provided, That no session in any one year shall ex-
Length of ses- ceed the term of thirty days, and provided that the special sessions may
Sion and special be called whenever, in the judgment of the Secretary of the Interior, the
sessions. interests of said tribes shall require it.
4. The general asembly shall have power to legislate upon all subjects
Power of gen- and matters pertaining to the intercourse and relations of the Indian tribes
eral assembly. and nations resident in the said territory, the arrest and exti'adition of
criminals escaping from one tribe to another, the administration of justice
between members of the several tribes of the said territory, and persons
other than Indians and members of said tribes or nations, the construction
of works of internal improvement, and the common defence and safety of
the nations of the saitl territory. All laws enacted by said council
shall take effect at the times therein provided, unless suspended by the
Secretary of the Interior or the President of the United States. No law
shall be enacted inconsistent with the Constitution of the United States
or the laws of Congress or existing treaty stipulations with the United
States; nor shall said council legislate upon matters pertaining to the
legislative, judicial, or other organization, laws, or customs of the several
tribes or nations except as herein provided for.
President of 5. Said council shall be presided over by the superintendent of Indian
council. affairs; or, in case of his absence from any cause, the duties of the super-
intendent enumerated in this article shall be performed by such person as
the Secretary of the Interior shall indicate.
Secretary. 6. The Secretary of the Interior shall appoint a secretary of said coun-
Duty and pay. Fil, whose duty it shall be to keep an accurate record of all the proceed-
ings of said council, and to tranemit a true copy thereof, duly certified by
the superintendent of Indian affairs, to the Secretary of the Interior im-
mediately after the sessions of said council shall terminate. He shall be
paid five hundred dollars, as an annual salary, by the United States.
7. The members of the said council shall be paid by the United States

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TREATY WITH THE CHOCTAWS AND CHICKASAWS. APRIL 28,1866. 773

four dollars per diem while in actual attendance thereon, and four dollars Pay and mile-
mileage for every twenty miles going and returning therefrom by the age of members.
most direct route, to be certified by the secretary of said council and the
presiding officer.
8. The Choctaws and Chickasaws also agree that a court or courts may Courts may
be established in said territory with such jurisdiction and organization as be establshed.
Congress may prescribe: Provided, That the same shall not interfere with
the local judiciary of either of said nations.
9. Whenever Congress shall authorize the appointment of a delegate Delegate from
from said territory, it shall be the province of said council to elect one from the territor.
among the nations represented in said council.
10. And it is further agreed that the superintendent of Indian affairs Superintendent
shall be the executive of/te said territory, with the title of "governor of the of Indian affairs
Territory of Oklahoma," and that there shall be a secretary of the said ter- tive.
ritory, to be appointed by the said superintendent; that the duty of the Title and
said governor, in addition to those already imposed on the superintendent duties.
of Indian affairs, shall be such as properly belong to an executive officer
charged with the execution of the laws, which the said council is author-
ized to enact under the provisions of this treaty ; and that for this pur-
pose he shall have authority to appoint a marshal of said territory and an
interpreter-, the said marshal to appoint such deputies, to be paid by fees, Marshal.
as may be required to aid him in the execution of his proper functions ;
and be the marshal of the principal court of said territory that may be es-
tablished under the provisions of this treaty.
11. And the said marshal and the said secretary shall each be entitled Salaryof mar-
to a salary of five hundred dollars per annum, to be paid by the United shal and see-
States, and such fees in addition thereto as shall be established by said gov-
ernor, with the approbation of the Secretary of the Interior; it being un-
derstood that the said fee lists may at any time be corrected and altered
by the Secretary of the Interior, as the experience of the system proposed
herein to be established shall show to be necessary, and shall in no case
exceed the fees paid to marshals of the United States for similar services.
The salary of the interpreter shall be five hundred dollars, to be paid interpreter.
Salary of
in like manner by the United States.
12. And the United States agree that in the appointment of marshals Appointment
of marshals and
and deputies, preference, qualifications being equal, shall be given to com- deputies.
petent members of the said nations, the object being to create a laudable
ambition to acquire the experience necessary for political offices of im-
portance in the respective nations.
13. And whereas it is desired by the said Choctaw and Chickasaw na- Provision for
tions that the said council should consist of an upper and lower house, it of an the
upper house
coned
nation§.repre-
is hereby agreed that whenever a majority of the tribes or
sented in said council shall desire the same, or the Congress of the United
States shall so prescribe, there shall be, in addition to the council now
provided for, and which shall then constitute the lower house, an upper
house, consisting of one member from each tribe entitled to representation
in the council now provided for- the relations of the two houses to each
other being such as prevail in the States of the United States ; each house
being authorized to choose its presiding officer and clerk to perform the
duties appropriate to such offices; and it being the duty, in addition, of
the clerks of each house to make out and transmit to the territorial secre-
tary fair copies of the proceedings of the respective houses immediately
after their respective sessions, which copies shall be dealt with by the said
secretary as is now provided in the ease of copies of the proceedings of
the council mentioned in this act, and the said clerks shall each be entitled
to the same per diem as members of the respective houses, and the pre-
siding officers to double that suit.
ARTICLE IX. Such sums of money as have, by virtue of treaties ex- Certain sums
isting in the year eighteen hundred and sixty-one, been invested for the invested to re-

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774 TREATY WITH THE CHOCTAWS AND CHICKASAWS: APRIL 28, 1865.

purposes of education, shall remain so invested, and the interest thereof, in-
Amendment. cluding any arrears which may have accrued, shall be applied for the same
Post, P. 7s2. purposes, in such manner as shall be designated by the legislative author-
ities of the Choctaw and Chickasaw nations respectively.
Treaty&cobli-
gtions, real- ARTICLE
. .nwt all
X.... The United States reaffirms obligations arising out of
ecadtoteCoca n
rrn an "ay: treaty stipulations or acts of legislatonw
mentofanu- Chickasaw nations, entered into prior to the late rebellion, and in force at
ities to be that time, not inconsistent herewith; and further agrees to renew the pay-
renewed. ment of all annuities and others moneys accruing under such treaty stipu-
lations and acts of legislation, from and after the close of the fiscal year
ending on the thirtieth of June, in the year eighteen hundred and sixty-six.
Survey and ARTICLE XI. Whereas the land occupied by the Choctaw and Chicka-
division of lands
a severalty. saw nations, and described in the treaty between the United States and
snid nations, of June twenty-second, eighteen hundred and fifty-five, is now
held by the members of said nations in common, under the provisions of
the said treaty ; and whereas it is believed that the holding of said land
in severalty will promote the general civilization of said nations, and tend
to advance their permanent welfare and the best interests of their individ-
ual members, it is hereby agreed that, should the Choctaw and Chicka-
saw people, through their respective legislative councils, agree to the sur-
vey and dividing their land on the system of the United States, the land
aforesaid east of the ninety-eighth degree of west longitude shall be, in
view of the arrangements hereinafter mentioned, surveyed and laid off in
ranges, townships, sections, and parts of sections ; and that for the pur-
pose of facilitating such surveys and for the settlement and distribu-
Land officeat
established tion of said land as hereinafter provided, there shall be established at
BoggysDepot. Boggy Depot, in the Choctaw territory, a land office; and that, in mak-
ing the said surveys and conducting the business of the said office, in-
cluding the appointment of all necessary agents and surveyors, the same
system shall be pursued which has heretofore governed in respect to the
public lands of the United States, it being understood that the said sur-
veys shall be made at the cost of the United States and by their agents
and surveyors, as in the case of their own public lands, and that the offi-
cers and employds shall receive the same compensation as is paid to officers
and employ6s in the land offices of the United States in Kansas.
Maps of sur- ARTICLE XIL The maps of said surveys shall exhibit, as far as prac-
rays to exhibit
actual occupan- ticable, the outlines of the actual occupancy of members of the said nations,
cies, &C. respectively ; and when they are completed, shall be returned to the said
land office at Boggy Depot for inspection by all parties interested, when
notice for ninety days shall be given of such return, in such manner as
the legislative authorities of the said nations, respectively, shall prescribe,
or, in the event of said authorities failing to give such notice in a reason-
able time, in such manner as the register of said land office shall prescribe,
calling upon all parties interested to examine said maps to the end that
errors, if any, in the location of such occupancies, may be corrected.
Notice to par- ARTICLE XIII. The notice required in the above article shall be given,
ties interested to not only in the Choctaw and Chickasaw nations, but by publication in
examine the
maps. newspapers printed in the States of Mississippi and Tennessee, Louisiana,
Texas, Arkansas, and Alabamato the end that such Choctaws and Chick-
asaws as yet remain outside of the Choctaw and Chickasaw nations, may
be informed and have opportunity to exercise the rights hereby given to
resident Choctaws and Chickasaws: Provided, That before any such ab-
sent Choctaw or Chickasaw shall be permitted to select for him or herself,
or others, as hereinafter provided, he or she shall satisfy the register of
the land office of hiz or her intention, or the intention of the party for whom
the selection is to be made, to become bona fide resident in the said nation
within five years from the time of selection; and should the said absentee
fail to remove into said nation, and occupy and commence an improvement
on the land selected within the time aforesaid, the said selection shall be can-

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TREATY WITH THE CHOCTAWS AND CHICKASAWS. APRIL 28, 1866. 775

celled, and the land shall thereafter be discharged from all claim on ac-
count thereof.
ARTICLE XIV. At the expiration of the ninety days aforesaid the legis- Lands may be
lative authorities of the said nations, respectively, shall have the right to selected forseats
ec fof justice, for
select one quarter-section of land in each of the counties of 5,1d ua- schools, semma-
tions respectively, in trust for the establishment of seats ofjustice therein, res and colleges.
and also as many quarter-sections as the said legislative councils may
deem proper for the permanent endowment of schools, seminaries, and
colleges in said nation, provided such selection shall not embrace or in-
terfere with any improvement in the actual occupation of any member of
the particular nation without his consent; and provided the proceeds of
sale of the quarter-sections selected for seats of justice shall be appro-
priated for the erection or improvement of public buildings in the county
in which it is located.
ARTICLE XV. At the expiration of the ninety days' notice aforesaid, the Each Indian
selection which is to change the tenure of the land in the Choctaw and to to have a nght
one quarter-
in severalty section of land.
Chickasaw nations from a holding in common to a holding
shall take place, when every Choctaw and Chickasaw shall have the right
to one quarter-section of land, whether male or female, adult or minor,
and if in actual possession or occupancy of land improved or cultivated by Actual occu-
him or her, shall have a prior right to the quarter-section in which his or pant.
her improvement lies; and every infant shall have selected for him or Infants.
her a quarter-section of land in such location as the father of such infant,
if there be a father living, and if no father living, then the mother or
guardian, and should there be neither father, mother, nor guardian, then
as the probate judge of the county, acting for the best interest of such in-
fant, shall select.
ARTICLE XVI. Should an actual occupant of land desire, at any time Actual oco-
prior to the commencement of the surveys aforesaid, to abandon his im- pant, prior
surveys, mayto
provement, and select and improve other land, so as to obtain the prior abandon his im-
right of selection thereof, he or she shall be at liberty to do so; in which provements and
event the improvement so abandoned shall be open to selection by other selectotherland.
parties : Provided,That nothing herein contained shall authorize the mul- Proviso.
tiplication of improvements so as to increase the quantity of land beyond
what a party would be entitled to at the date of this treaty.
ARTICLE XVII. No selection to be made under this treaty shall be Occupation by
permitted to deprive or interfere with the continued occupation, by the rss1naryes of
missionaries established in the respective nations, of their several mission- establishments
ary establishments; it being the wish of the parties hereto to promote and not to be inter-
foster an influence so largely conducive to civilization and refinement. fered with.
Should any missionary who has been engaged in missionary labor for five Rights of cer-
consecutive years before the date of this treaty in the said nations, or taf mlsson-
either of them, or three consecutive years prior to the late rebellion, and ares.
who, if ab-ent from the said nations, may desire to return, wish to select
a quarter-section of land with a view to a permanent home for himself and
family, he shall have the privilege of doing so, provided no selection shall
include any public buildings, schools or seminary; and a quantity of land
not exceeding six hundred and forty acres, to be selected according to le-
gal subdivisions in one body, and to include their improvements, is here-
by granted to every religious society or denomination -which has erected,
or which, with the consent of the Indians, may hereafter erect buildings
within the Choctaw and Chickasaw country for missionary or educational
purposes; but no land thus granted, nor the buildings which have been
or may be erected thereon, shall ever be sold or otherwise disposed of,
except with the consent of the legislatures of said nations respectively
and approval of the Secretary of the Interior; and whenever such lands
or buildings shall be sold or disposed of, the proceeds thereof shall be ap-
plied, under the direction of the Secretary of the Interior, to the support
and maintenance of other similar establishments for the benefit of the

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776 TREATY WITH THE CHOCTAWS AND CHICKASAWS. APRIL 28,1866.

Choctaws and Chickasaws, and such other persons as may hereafter become
members of their nations, according to their laws, customs, and usages.
Rights of ARTICLE XVIII. In making a selection for children the parent shall
parents inselect- have a prior right to select land adjacent to his own improvements or se-
Ing land for
children. lection, provided such selection shall be made within thirty days for the
time at which selections under this treaty commence.
Mode of' ARTICLE XIX. The manner of selecting as aforesaid shall be by an
selecting lands, entry with the register of the land office, and all selections shall be made
to conform to the legal subdivisions of the said lands as shown by the
surveys aforesaid on the maps aforesaid; it being understood that nothing
herein contained is to be construed to confine a party selecting to one
section, but he may take contiguous parts of sections by legal subdivisions
in different sections, not exceeding together a quarter-section.
Proof of im- ARTICLE XX. Prior to any entries being made under the foregoing
Srovements to
mea.ndeprior to provions, proof of improvements, or actual cultivation, as well as the
entries, number of persons for whom a parent or guardian, or probate judge of
the county proposes to select and of their right to select, and of his or her
authority to select for them, shall be made to the register and receiver of
the land office, under regulations to be prescribed by the Secretary of the
Interior.
Sections six- ARTICLE XXI. In every township the sections of land numbered
teen and tnirty- sixteen and thirty-six shall be reserved for the support of schools in said
six to be reserved
for schools, township: Provided, That if the same has been already occupied by a
Proviso, party or parties having the right to select it, or it shall be so sterile as to
be unavailable, the legislative authorities of the particular nations shall
have the right to select such other unoccupied sections as they may think
proper.
Military posts ARTICLE XXII. The right of selection hereby given shall not au-
and Indian agen- thorize the selection of' any land required by the United States as a mili-
cies. tary post, or Indian agency, not exceeding one mile square, which, when
abandoned, shall revert to the nation in which the land lies.
Names of per- ARTICLE XXIII. The register of the land office shall inscribe in a
sons for whom suitable book or books, in alphabetical order, the name of every individ-
selectins are ual for whom a selection shall be made, his or her age, and a description
made to be in
books ofregister. of the land selected.
Town lots. ARTICLE XXIV. Whereas it may be difficult to give to each oc-
cupant of an improvement a quarter-section of land, or even a smaller
subdivision, which shall include such improvement, in consequence of
such improvements lying in towns, villages, or hamlets, the legiblative au-
thorities of the respective nations shall have power, where, in their dis-
cretion, they think it expedient, to lay off into town lots any section or
part of a section so occupied, to which lots the actual occupants, being
citizens qf the respective nations, shall have pre-emptive right, and, upon
paying into the treasury of the particular nation the price of the land
as fixed by the respective legislatuses, exclusive of the value of said im-
provement, shall receive a conveyance thereof. Such occupant shall not
be prejudiced thereby in his right to his selection elsewhere. The town
lots which may be unoccupied shall be disposed of for the benefit of the
particular nation, as the legislative authorities may direct from time to
time. When the number of occupants of the same quarter-section shall
not be such as to authorize the legislative authorities to lay out the bame,
or any part thereof, into town lots, they may make such regulations for
the disposition thereof as they may deem proper, either fiy subdivision of
the same, so as to accommodate the actual occupants, or by gi-ing the
right of prior choice to the first occupant in point of time, upon paying
the others for their improvements, to be valued in such way as the legis-
lative authorities shall presciibe, or otherwise. All occupants retaining
their lots under this section, and desiring, in addition, to make a selection,
must pay for the lots so retained, as in the case of town lots. And any

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TREATY WITH THE CHOCTAWS AND CHICKASAWS. AS'RIL 28,1866.777

Choctaw or Chickasaw who may desire to select a sectional divikion other


than that on which his homestead is, without abandoning the latter, shall
have the right to purchase the homestead sectional division at such price
as the respective legislatures may prescribe.
ARTICLE XXV. During ninety days from the expiration of the nine- When patents
ty days' notice aforesaid, the Choctaws and Chickasaws shall have that the to issue for
selected lands.
exclusive right to make selections, as aforesaid, and at the end of
time the several parties shall be entitled to patents for their respective
selections, to be issued by the President of the United States, and coun-
tersigned by the chief executive officer of the nation in which the land
lies, and recorded in the records of the executive office of the particular
nation; and copies of the said patents, under seal, shall be evidence in
any court of law or equity.
ARTICLE XXVI. The right here given to Choctaws and Chickasaws, Citizens by
respectively, shall extend to all persons who have become citizens by adoption or in-
termarriage to
f
adoption or intermarriage of either of ssaid natsns, or who may hereafter
o he ame
become such. rights.
ARTICLE XXVII. In the event of disputes arising in regard to the Disputes as to
of selections
S• to select particular quarter-sections or other divisions
rights of parties of
L'nds, how to be
said land, or in regard to the adjustment of boundaries, so as to make settle.
them confbrm to legal divisions and subdivisions such disputes shall be set-
tled by the register of the land office and the chief executive officer of the
nation in which the land lies, in a summary way, after hearing the par-
ties; and if said regi-ter and chief officer cannot agree, the two to call in
a third pai ty, who shall constitute a third referee, the decision of any two of
whom shall be final, without appeal.
ARTICLE XXVIII. Nothing contained in any law of either of the Contiguous
sad nations shall prevent parties entitled to make selections contiguous to selections.
each other ; and the Choctaw and Chickasaw nations hereby agree to re-
peal all laws inconsistent with this provision.
ARTICLE XXIX. Selections made under this treaty shall, to the ex- Selections to
tent of one quarter-section, including the homestead or dwelling, be in- be inalienable,
alienable for the period of twenty-one yeais from the date of such selec-
tion, and upon the death of the party in possession shall descend according
to the laws of the nation where the land lies; and in the event of his or
her death wsthout heirs, the said quarter-section shall escheat to and be-
come the property of the nation.
ARTICLE XXX. The Choctaw and Chickasaw nations will receive Not over 10,-
into their rebpective districts east of the ninety-eighth ndegree of west 000 Kansas
Indians will be
longitude, in the proportion of one fourth in the Chickasaw and three received into
fourths in the Choctaw nation, civilized Indians from the tribes known the by district east of,
the geneial name of the Kansas Indians, being Indians to the north-of &c. who shall
the enetl nae ofthehave same
Indian ter itory, not exceeding ten thousand in number, who shall have rights, &o.
in the Choctaw and Chickabaw nations, respectively, the same rights as the
Choctaws and Clickasaws, of whom they shall be the fellow-citizens,
governed by the same laws, and enjoying the same privileges, with the
exception of the right to participate in the Choctaw and Chickasaw an-
nuities and other mioneys, and in the public domain, should the same or
the proceeds thereof be dihided per capita among said Choctaws and
Chickasaws, and among others the right to select land as herein provided
for Chotax s and Chickasaws, after the expiration of the ninety days
during which the selections of land are to be made, as aforesaid, by said
Choctaws and Chickasa~s; and the Choctaw and Chickasaw nationst
pledge themselves to treat the said Kansas Indians in all respects with
kindness and forbearance, aiding them in good faith to establish them-
selves in their new homes, and to respect all their customs and usages
not inconsistent with the constitution and laws of the Choctaw and Chick-
asaw nations respectiely. In making selections after the, advent of the
Indians and the actual occupancy of land in said nation, uich occupancy

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778 TREATY WITH THE CHOCTAWS AND CHICKASAWS. AP-RIL 28,1866.

shall have the same effect in their behalf as the occupancies of Choctaws
and Chickasaws; and after the said Choctaws and Chickasaws have made
their selections as aforesaid, the said persons of African descent mentioned
in the third article of the treaty, shall make their selection as therein
provided, in the event of the making of the laws, rules, and regulations
aforesaid, after the expiration of ninety days from the date at which the
Kansas Indians are to make their selections as therein provided, and the
actual occupancy of such persons of African descent shall have the same
effect in their behalf as the occupancies of the Choctaws and Chickasaws.
Such Kansas ARTICLE XXXI. And whereas some time must necessarily elapse
Ind-ans may before the surveys, maps, and selections herein provided for can be com-
coine at once. pleted so as to permit the said Kansas Indians to make their selections in
their order, during which time the United States may desire to remove
the said Indians from their present abiding places, it is hereby agreed that
the said Indians may at once come into the Choctaw and Chickasaw na-
tions, settling themselves temporarily as citizens of the said nations, re-
spectively, upon such land as suits them and is not already occupied.
Documents in ARTICLE XXXII. At the expiration of two years, or sooner, if the
land offices tobe President of the United States shall so direct, fiom the completion of the
gve to Choc-
taws and Chick- surveys and maps aforesaid, the officers of the land offices atbrdsaid shall
isaws in two deliver to the executive departments of the Choctaw and Chickasaw na-
years tions, respectively, all such documents as may be necessary to elucidate
the land title as settled according to this treaty, and forward copies there.
of, with the field-notes, records, and other papers pertaining to said titles,
Proceedings to the commissioner of the geneial land office; and thereafter grants of
afterwards, land and patents therefor shall be issued in such manner as the legislative
authorities of said nations may provide for all the unselected portions of
the Choctaw and Chickasaw districts as defined by the treaty of June
twenty-second, eighteen hundred and fifty-five.
Selected lands ARTICLE XXXIII. All lands selected as herein provided shall
to be held in thereafter be held in severalty by the respective parties, and the unse-
severalty, and
the unselected
lected land shall be the ommuon property of the Choctaw and Chickasaw
In common. nations, in their corporate capacities, subject to the joint control of their
legislative authorities.
Those prevent- ARTICLE XXXIV. Should any Choctaw or Chickasaw be prevented
edfrom selecting from selecting for him or herself during the the ninety days aforesaid, the
in ninety days
may seect after- failuie to do so shall not authorize another to select the quaiter-section
wards, containing his improvement, but he may at any time makehis selection
thereof, subject to having his boundaries made to conform to legal divi-
sions as aforesaid.
Selections ARTICLE XXXV. Should the selections aforesaid not be made before
after transfer of the transfer of the land records to the executive authorities of said na-
land records. tions, respectively, they shall be made according to such regulations as
the legislative authorities of the two nations, respectively, may prescribe,
to the end that full justice and equity may be done to the citizens of the
respective territories.
Selected land ARTICLE XXXVI. Should any land that has been selected under
abandoned for the provisions of this treaty be abandoned and left uncultivated for the
seven years, ex-
cept, &c.may be space of seven ears by the party selecting the same, or his heirs, except
rented, &c. in the case of infants under the age of twenty-one years, or married wo-
men, or persons non compos mentis, the legislative authorities of the na-
tion where such land lies may either rent the same for the benefit of those
interested, or dispose of the same otherwise for their benefit, and may pass
all laws necessary to give effect to this provision.
eavment by ARTICLE XXXVIL In consideration of the right of selection here-
the United inbefore accorded to certain Indians other than the Choctaws and Chick-
States for lands
selected by asaws, the United States agree to pay to the Choctaw and Chickasaw
other Indians nations, out of the funds of Indians removing into said nations iespective.
ly, under the provisions of this treaty, such bum as may be fixed by the

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TREATY WITH THE CHOCTAWS AND CHICKASAWS. APRIL 28,1866. 779

legislatures of said nations, not exceeding one dollar per acre, to be di-
vided between the said nations in the proportion of one fourth to the
Chickasaw nation, and three fourths to the Choctaw nation, with the un-
derstanding that at the expiration of twelve months the actual number of
said immigrating Indians shall be asce tained, and the amount paid that'
may be actually due at the rate afoiesaid; and should still further immi-
grations take place from among said Kansas Indians, still further pay-
ments shall be made accordingly from time to time.
ARTICLE XXXVIII. Every white person who, having married a White persons
Choctaw or Chickasaw, resides in the said Choctaw or Chiekasaw nation, ianyand esid-
or who has been adopted by the legislative authorities, is to be deemed a ing in the na-
member of said nation, and shall be subject to the laws of the Choctaw .nd tion, or adopted,
to be members
Chickasaw nations according to his domicile, and to prosecution and trial of the natron and
before their tribunals, and to punishment according to their laws in all subject to its
respects as though he was a native Choctaw or Chickasaw. laws.
ARTICLE XXXILX. No person shall be licensed to trade with the Licenses to
trade.
Choctaws or Chickasaws except by the agent, with the advice and consent
of the legislative authorities of the nation he may propose to trade in ;
but no license shall be required to authorize any member of the Choctaw Amendment.
or Chickasaw nations to trade in the Choctaw or Chickasaw country who Post, p. 782.
is authorized by the proper authority of the nation, nor to authorize
Choctaws or Chickasaws to sell flour, meal, meat, fruit, and other provi-
sions, stock, wagons, agricultural implements, or tools brought from the
United States into the said country.
ARTICLE XL. All restrictions contained in any treaty heretofore Troaty re-
made, or in any regulation of the United States upon the sale or other striotions Upon
sates of personal
disposition of personal chattel property by Choctaws or Chickasaws, are property re-
hereby removed. moved.
ARTICLE XLI. All persons who are members of the Choctaw or Witnesses.
Chickasaw nations, and are not otherwise disqualified or disabled, shall
hereafter be competent witnesses in all civil and criminal suits and pro-
ceedings in any courts of the United States, any law to the contrary not-
withstanding.
ART[ICLE] XLII. The Choctaw and Chickasaw nations shall deliver Surrender of
up persons accused of crime against the United States, or any of them, utie from
who may be found within their limits, on the requisition of the governor Amendment.
of any State, or of the United States. Post, p. 782.
ART[ICLE] XLIII. The United States promise and agree that no white No white per-
person, except officers, agents, and employds of the government, and of to beexcept,
son &c.
permttted
any internal improvement company, or persons travelling through, or ten- to go into said
porarily sojouning in, the said nation-, or either of them, shall be per- territory, unless,
"
mitted to go into said teriltory, unless formally incorporated and natural- &C
ized by the joint action of the authorities of both nations into one of the
said nations of Choctaws and Chickasaws, according to their laws, customs,
or usages ; but this an ticle is not to be construed to affect parties heieto-
fore adopted, or to prevent the employment temporarily of white persons
who are teachers, mechanics, or skilled in agriculture, or to prevent the
legislative authoiities of the respectiie nations from authorizing such
woiks of internal improvement as they may deem essential to the welfare
and pro-perity of the community, or be taken to interfere with or invali-
date any action %%hich has heretofore been had in this connection by either
of the ,aid nations.
ART[ICLE.] XLIV. Post offices shall be established and maintained Post offices
by the United States at convenient places in the Choctaw and Chickaaw and mails.
nations, to and from which the mails shall be carried at reasonable inter-
vale, at the rates of postage prevailing in the United States.
ART[ICLE] XLV. All the rights, privileges, and immunities hereto- Former rights
fore possessed by said nations or individuals thereof, or to which they of the bndians to
were entatled under the treaties and legtslation heretotore made and had remain in force.

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780 TREATY WIDTH THE CHOOTAWS AND CHICKASAWS. Apnm 28, 1866.

in connection with them, shall be, and are hereby declared to be, in fall
force, so far as they are consistent with the provisions of this treaty.
Money due ARTTOICLE] XLVI. Of the moneys stipulated to be paid to the Choc-
the
der Indiana un-
this treaty. taws and Chickasaws under this treaty for the cession of the leased district,
dow to be pad. and the admission of the Kansas Indians among them, the sum of one hun-
dred and fifty thousand dollars shall be advanced
and paid to the Choc-
taws, and fifty thousand dollars to the Chickasaws, through their respec-
tive treasurers, as soon as practicable after the ratification of this treaty, to
be repaid out of said moneys or any other moneys of said nations in the
hands of the United States; the residue, not affected by any provision of
Amendment. this treaty, to remain in the Treasury of the United States at an annual
Post, p. 782. interest of not less than five per cent, no part of which shall be paid out
as annuity, but shall be annually paid to the treasurer of said nations, re-
spectively, to be regularly and judiciously applied, under the direction of
their respective legislative councils, to the support of their government,
the purposes of education, and such other objects as may be best calcu-
lated to promote and advance the welfare and happiness of said nations
and their people res'pectively.
After survey ART[ICLE] XLVII. As soon as practicable after the lands shall have
andthe
of assignment
lands i been surveyed and assigned to the Choctaws and Chickasaws in severalty
severalty, annu. as herein provided, upon application of their respective legislative coun-
ities and funds cils, and with the assent ot the President of the United States, all the
to be capitahzed, annuities and funds invested and held in trust by the United States for
the benefit of said nations respectively shall be capitalized or converted
into money, as the case may be ; and the aggregate amounts thereof be-
to be divided longing to each nation shall be equally divided and paid per capita to the
per capita. individuals thereof respectively, to aid and assist them in improving their
homesteads and increasing or acquiring flocks and herd, and thus en-
courage them to make proper efforts to maintain successfully the new re-
lations which the holding of their lands in severalty will involve: Pro-
Certain surqs vided, nevertheless, That there shall be retained by the United States such
maybe retained, sum as the President shall deem sufficient of the said moneys to be in-
vested, that the interest thereon may he sufficient to defray the expenses
of the government of said nationstrespectively, together with a judicious
system of education, until these objects can be provided for by a proper
system of taxation; and whenever this shall be done to the satisfaction
of the President of the United States, the moneys so retained shall be
divided in the manner and for the purpose above mentioned.
Payment of ART[ICLa] XLVIII. Immediately after the ratification of this treaty
$25,000 to com there shall be paid, out of the funds of the Choctaws and Chickasaws in
missioners of the hands of the United States, twenty-five thousand dollars to the Choc-
each nation for
incidental ex- taw and twenty-five thousand dollars to the Chickasaw commissioners, to
renses. enable them to discharge obligations incurred by them for various inciden-
tal and other expenses to which they have been subjected, and for which
they are now indebted.
Commission to ART[ICLE] XLIX. And it is further agreed that a commission, to
settle damages consist of a person or persons to be appointed by the President of the
of loyal Indians U-e
driven from i ited States, shall be appointed immediately on the ratificaton of this
their homes, treaty, who shall takp into consideration and determine the claim of such
Choctaws and Chickasaws as allege that they have been driven during
the late rebellion from their homes in the Choctaw [and Chickasaw] na-
tions on account of their adhesion to the United States, for damages, with
power to make such award as may be consistent with equity and good
amendment. conscience, taking into view all circumstances, whose report, when ratified
Post, p. 782. by the Secretary of the Inteiior, shall be final, and authorize the pay-
ment of the amount from any moneys of said nations in the hands of the
United States as the said commission may award.
Commission ARTLICLE] L. Whereas Joseph G. Heald and Reuben Wright, of
to determine the MVassachusetts, were hiensed traders in the Choctaw countr at the com-
claims of loyal y

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TREATY WITH TIIE CHOCTAWS AND CHICKASAWS. ARmi 28,1866.781

mencement of the rebellion, and claim to have sustained large losses on citizens of the
account of said rebellion, by the use of their property by said nation, and United States
damages.
that large sums of money are due them for goods and property taken, or for
sold to the members of said nation, and money advanced to said nation;
and whereas other loyal citizens of the United States may have just
claims of the same character: It is hereby agreed and stipulated that
the President of the United States shall, within three months from the
ratification of this treaty, appoint a commission, to consist of one or more
discreet persons, to investigate said claims, and fully examine the same;
and such sum or sums of money as shall by the report of said commis- Amendment.
such Post, p. 7 2.
sion, approved by the Secretary of the Interior, be found due to
persons, not exceeding ninety thousand dollars, shall be paid by the
United States to the persons entitled thereto, out of any money belonging
to said nation in the possession of the United States : Provided,That no
claim for goods or property of any kind shall be allowed or paid, in whole
or part, which shall have been used by said nation or any member there-
of in aid of the rebellion, with the consent of said claimants: .Provided Provisos.
also, That if the aggregate of said claims thus allowed and approved shall
exceed said sum of ninety thousand dollars, then that sum shall be ap-
plied pro rata in payment of the claims so allowed.
ART[ICLE] LI. It is further agreed that all treaties and parts of treaty Inconsistent
provisions
treaties inconsistent herewith be, and the same are hereby, declared null declred null
and void.

In testimony whereof, the said Dennis N. Cooley, Elijah Sells, and E.


S. Parker, commissioners in behalf of the United Stateg, and the said
commissioners on behalf of the Choctaw and Chickasaw nations, have
hereunto set their hands and seals the day and year first above written.
D. N. COOLEY, Com'r Ind. Afrs, [SEAL.]
ELIJAH SELLS, Sup't Ind Aff., [SEAL.]
E. S. PARKER, Spl. Com'r, [SEAL.]
Commissioners for U. S.
ALFRED WADE, [SEAL.]
ALLEN WRIGHT, [SEAL.]
JAMES RILEY, [SEAL.]
JOHN PAGE, [SEAL.]
Choctaw Commissioners.
WINCHESTER COLBERT, [SEAL.]
his
EDMUND x PICKENS, [SEAL.]
mark
HOLMES COLBERT, [SEAL.]
COLBERT CARTER, [s AXL.]
ROBERT H. LOVE, [SEAL.]
Chickasaw Commissioners.
CAMPBELL LEFLORE,
Secretary of Choctaw Delegation.
E. S. MITCHELL,

In presence of-, Sec[re]taryof Chickasaw Delega.


JNO. H. B. LATROBE,
P. P. PIrCHLYNN,
Principal Chief Choctaws.
DOUGLAS H. COOPER,
J. HARLAN,
CHARLES E. MIX.

And whereas, the said treaty having been submitted to the Senate of Ratification
the United States for its constitutional action thereon, the Senate did on with amend-
merits.

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782TREATY WITH THE CHOCTAWS AND CHICKASAWS. APRIL 28, 1866.

the twenty-eighth day of June, one thousand eight hundred and sixty-six,
advise and consent to the ratification of the same, by a resolution, with
amendments, in the words and figures following, to wit :

IN EXECUTIVE SESSION, SENATE OF THE UNITED STATES,


June 28, 1866.
Resolved, (two thirds of the senators present concurring,) That the
Senate advise and consent to the ratification of the articles of agreement
and convention between the United States and the 'Choctaw and Chicka-
saw nations of Indians, made and concluded at the city of Washington,
the twenty-eighth day of April, in the year eighteen hundred and sixty-
six, by Dennis N. Cooley, Elijah Sells, and E. S. Parker, special com-
missioners on the part of the United States, and Alfred Wade, Allen
Wright, James Riley, and John Page, commissioners on the part of the
Choctaws, and Winchester Colbert, Edmund Pickens, Holmes Colbert,
Colbert Carter, and Robert H. Love, commissioners on the part of the
Chickasaws, with the following

Amendments. AMENDMENTS:

W4,s
p. 770. 1st. At the end of article V. add the following:
The people of the Choctaw and Chickasaw nations stipulate and agree
to deliver up to any duly authorized agent of the United States all public
property in their possession which belong[s] to the late so-called "confeder-
ate states ofAmerica" or the United States, without any reservation wha[t]-
soever, particularly ordnance, ordnance stores, and arms of all kinds.
Ante, p. 774. 2d. Article IX. lines 4 and 5, strike out the words "including any ar-
rears which may have accrued."
Ante, p. 779. 3d. Article XXXIX. lines 1, 2, and 3, strike out the following: "Be
licensed to trade with the Choctaws or Chickasaws, except by the agent,
with the advice and consent," and insert in lieu thereof: No person shall
expose goods or other articles for sale as a trader without a permit.
Ante, p.779. 4th. Strike out Article XLII. and insert in lieu thereof the following
as a substitute: The Choctaw and Chickasaw nations shall deliver up
persons accused of crime against the United States, who may be found
within their respective limits on the requisition of the governor of any
State for a crime committed against the laws of said State, and upon the
requisition of the judge of the district court of the United States for the
district within which the crime was committed.
Ante, p. 780. 5th. Article X LVI. line 13, strike out the words "not less than."
Ante, p 780 6th. Article XLIX. line 3, after the words "United States" insert:
not exceeding three.
Ante, p. 781. 7th. Article [L]. lines 11 to and including line 15, strike out the follow-
ing words: "that the President of the United States shall, within three
months from the ratification of this treaty, appoint a commission, to consist
of one or more discreet persons," and insert in lieu thereof: that the com-
mission provided for in the proceeding [preceding] article shall.
Attest:
J. W. FORNEY, Secretary.
Amendments And whereas the foregoing amendments having been fully explained
ssented to. and interpreted to the respective commissioners of the Choctaw and
Chickasaw nations of Indians hereinbefore named, they did, on the sec-
ond day of July, one thousand eight hundred and sixty-six, give their
free and voluntary assent to said amendments, in the words and figures
following, to wit: -
Whereas the Senate of the United States did, on the twenty-eighth day
of June, in the year of our Lord one thousand eight hundred and sixty-
six, advise and consent to the ratification of the articles of agreement and

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TREATY WITH THE CHOCTAWS AND CHICKASAWS. APRIL 28, 1866.783

convention between the United States and the Choctaw and Chickasaw
nations of Indians made and concluded at the city of Washington the
twenty-eighth day of April, in the year eighteen hundred and sixty-six,
by Dennis N. Cooley, Elijah Sells, and E. S. Parker, special commis-
sioners on the part of the United States, and Alfred Wade, Allen Wright,
James Riley, and John Page, commissioners on the part of the Choctaws,
and Winchester Colbert, Edmund Pickens, Holmes Colbert, Colbert Car-
ter, and Robert H. Love, commissioners on the part of the Chickasaws,
with the following amendments, to wit : -
1st. At the end of Article V. add the following: The people of the
Choctaw and Chickasaw nations stipulate and agree to deliver up to any
duly authorized agent of the United States all public property in their
possession which helong[] to the late so-called "confederate states of
America" or the United States, without any reservation whatsoever, par-
ticularly ordnance, ordnance stores, and arms of all kinds.
2d. Article IX. lines 4 and 5, strike out the words: "including any ar-
rears which may have accrued:'
3d. Article XXXIX. lines 1, 2, and 3, strike out the following: "be li-
censed to trade with the Choctaws or Chickasaws, except by the agent, with
the advice and consent," and insert in lieu thereof: No person shall ex-
pose goods or other articles for sale as a trader without a permit.
4th. Strike out Article XLII. and insert in lieu thereof the following
as a subtitute: The Choctaw and Chickasaw nations shall deliver up
persons accused of crime against the United States, who may be found
within their respective limits on the requisition of the Governor of any
State, for a crime committed against the laws of said State, and upon the
requisition of the judge of the district court of the United States for the
district within which the crime was committed.
5th. Article XLVI. line 13, strike out the words "not less than."
6th. Article XLIX. line 3, after the words "United States" insert: not
exceeding three.
7th. Article [L.] lines 11 to and includinghline 15, strike out the fol-
lowing words: "That the President of the United States shall, within
three months from the ratification of this treaty, appoint a commission to
consit of one or more discreet persons," and insert in lieu thereof: that
the commission provided for in the preceding article shall.
Now, tjerefore, we, the com missioners on the part of the said Choctaws
and Chichasaws, do hereby assent and agree to the said amendments
above written, the same having been interpreted to us, and being fully
understood by us.
Witness our hands and seals this second day of July, in the year of our
Lord one thousand eight hundred and sixty-six at Washington, D. C.
ALFRED WADE, [SEAL.]
ALLEN WRIGHT, [SEAL.]
JAMES RILEY, [SEAL.]
JOHN PAGE, [SEAL.]
Choctaw Commissioners.
WINCHESTER COLBERT, [SEAL.]
his
EDMUND x PICKENS, [SEAL.]
mark
HOLMES COLBERT, [SEAL.]
COLBERT CARTER, [SEAL.]
ROBERT H. LOVE, [SEAL.]
Chickasaw Commissioners.
In presence [of]
JNo. H. B. LATROBE.
CHARLES E. MIX.
P. P. PITCHLYNN, Principalchief Choctaw nation.

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784: TREATY WITH THE CHOCTAWS AND CHICKASAWS. APRIL 28,186C
DOUGLAS H. COOPER.
ALFRED H. JACKSON.
W. R. IRWIN.
LEwIs S. HAYDEN.
COc miSn.
E. S. MITCHELL, &otty. MC&id.
Now, therefore, be it known that , ANDREW JOHNSON, President of
Proclaimed. the United States of America, do, in pursuance of the advice and consent
of the Senate, as expressed in its resolution of the twfenty-eighth day of
June, one thousand eight hundred and sixty-six, accept, ratify, and con-
firm the said treaty, with the amendments as aforesaid.
In testimony whereof I have signed my name, and have caused the
seal of the United States to be hereto affixed.
Done at the city of Washington this tenth day of July, in the year
of our Lord one thousand eight hundred and sixty-six, and of
[sEAL.] the Independence of the United States of America the ninety-
first.
ANDREW JOHNSON.
By the President:
WILLuA H. SawntD,
&cretaar of &ate.

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TREALY -WITH THE CREEK INDIANS JuNE 14. 1866.

Treaty between the United States of America and the Greek Nation of In-
dians; Concluded June 14, 1866; Ratification advised, with Amend-
ments, July 19, 1866; Amendments accepted July 23, 1866; Proclaimed
August 11, 1866.
ANDREW JOHNSON,
PRESIDENT OF THE UNITED STATES 01 AMERICA, June, 14, 1$.

TO ALL AND SINGULAR TO WHOM THESE PRESENTS SHALL COME, GREETING:

WHEREAS a treaty was made and concluded at the city of Washington, Preamble.
in the District of Columbia, on the fourteenth day of June, in the year of
our Lord one thousand eight hundred and sixty-six, by and between Den-
nis N. Cooley and Elijah Sells, Commissioners, on the part of the United
States, and Ok-ta-has Harjo, Cow-mikko, and Cotch-cho-chee, delegates
at large of the Creek Nation of Indians, and D. N. McIntosh and James
M. C. Smith, special delegates of the Southern Creeks, on the part of
said Creek Nation of Indians and Southern Creeks, all of which delegates
at large and special delegates were duly authorized thereto by said Creek
Nation and Southern Ci eeks, which treaty is in the words and figures
following, to Wt:-

TREATY OF CESSION AND INDEMNITY concluded at the city of Washing- Contracting


ton on the fourteenth day of June, in the year of our Lord one thousand partis
eight hundred and sixty-six, by and between the United States, repre-
sented by Dennis N. Cooley, Commissioner of Indian affairs, Elijah
Sells, superintendent or Indian affairs for the Southern superintend-
ency, and Col. Ely S. Parker, special Commissioner, and the Creek
Nation of Indians, represented by Ok-tars-sars-harjo, or Sands; Cow-e-
to-me-co and Che-chu-chee, delegates at large, and D. N. McIntosh
and James Snth, special delegates of the Southern Creeks.
PREAMBLE.

WHEREAS existing treaties between the United States and the Creek
Nation have become insufficient to meet their mutual necessities; and
whereas the Creeks made a treaty with the so-called confederate
states, on the tenth of July, one thousand eight hundred and si'ty-one,
whereby they ignored their allegiance to the United States, and unset-
tled the treaty relations existing between the Creeks and the United
States, and did so render themselves liable to forfeit to the United
States all benefits and advantages enjoyed by them in lands, annuities,
protection, and immunities, including their lands and other property
held by grant or gift from the United States; and whereas in view of
said liabilities the United States require of the Creeks a portion of
their land whereon to settle other Indians; and whereas a treaty of
peace and amity was entered into between the United States and the
Creeks and other tribes at Fort Smith, September tenth, eighteen hun-
dred and sixty-five, whereby the Creeks revoked, cancelled, and repu-
diated the aforesaid treaty made with the so-called confederate states;
and whereas the United States, through its commissioners, in said
treaty of peace and amity, promised to enter into treaty with the
Creeks to arrange- and settle all questions relating to and growing out
of said treaty with the so-called confederate states : Now, therefore,
the United States, by its commissioners, and the above-named delegates
VOL. XIV. 50

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786 TREATY WITH THE CREEK INDIANS. JUNE 14, 1866.

of the Creek Nation, the day and year above mentioned, mutually stip-
ulate and agree, on behalf of the respective parties, as follows, to wit:-

Peace and ARTICLE I. There shall be perpetual peace and friendship between
friendship, the parties to this treaty, and the Creeks bind themselves to remain firm
allies and friends of the United States, and never to take up arms against
the United States, but always faithfully to aid in putting down its en-
emies. They also agree to remain at peace with all other Indian tribes;
and, in return, the United States guarantees them quiet possession of
their country, and protection against hostilities on the part of other tribes.
In the event of hostilities, the United States agree that the tribe com-
mencing and prosecuting the same, shall, as far as may be practicable,
Military occu- make just reparation therefor. To insure this protection, the Creeks
pation and pro- aaree to a military occupation of their country, at any time, by the Unted
teotion by the
United States. States, and the United States agree to station and continue in said coun-
try from time to time, at its own expense, such force as may be neces-
Amnesty. sary for that purpose. A general amnesty of all past offences against the
laws of the United States, committed by any member of the Creek Na-
tion, is hereby declared. And the Creeks, anxious for the restoration of
kind and friendly feelings among themselves, do hereby declare an am-
nesty for all past offences against their government, and no Indian or In-
dians shall be proscribed, or any act of forfeiture or confiscation passed
against those who have remained friendly to, or taken up arms against,
the United States, but they shall enjoy equal privileges with other mem-
bers of said tribe, and all laws heretofbre passed inconsistent herewith are
hereby declared inoperative.
Slavery not to ARTICLE II. The Creeks hereby covenant and agree that henceforth
exist among the
Creeks. neither slavery nor involuntary servitude, otherwise than in the punish-
ment of crimes, whereof the parties shall have been duly convicted in
accordance with laws applicable to all members of said tribe, shall ever
Rignts of those exist in said nation; and inasmuch as there are among the Creeks many
of Afrscan de-
scent. persons of African descent, who have no interest in the soil, it is stipu-
lated that hereafter these persons lawfully residing in said Creek country
under their laws and usages, or who have been thus residing in said coun-
try, and may return within one year from the ratification of this treaty,
and their.descendants and such others of the same race as may be per-
mitted by the laws of the said nation to settle within the limits of the juris-
diction of the Creek Nation as citizens [thereof,] shall have and enjoy all
the rights and privileges of native citizens, including an equal interest in
the soil and national funds, and the laws of the said nation shall be
equally binding upon and give equal protection to all such peisons, and
all others, of whatsoever race or color, who may be adopted as citizens or
members of said tribe.
Cession of
lands to the
ARTICLE III. In compliance with the desire of the United States to
United States. locate other Indians and freedmen thereon, the Creeks hereby cede and
convey to the United States, to be sold to and used as homes for such
other civilized Indians as the United States may choose to settle thereon,
the west half of their entire domain, to be divided by a line running north
and south; the eastern half of said Creek lands, being retained by them
shall, except as herein otherwise stipulated, be forever set apart as a
Payments home for said Creek Nation ; and in consideration of -said cession of the
therefor and
mode o/pay- west half of their lands, estimated to contain three millions two hundred
ment. and fifty thousand five hundred and sixty acres, the United States agree
to pay the sum of thirty (30) cents per acre, amounting to nine hundied
and seventy-five thousand one hundred and sixty-eight dollars, in the
Amendment manner hereinafter provided, to wit: two hundred thousand dollars shall
Pot, p 791 be paid per capita in money, unless otherwise directed by the Pie-ident
of the United States, upon the ratification of this treaty, to enable the
Creeks to occupy, restore, and improve their farms, and to make their

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TREATY WITH THE CREEK INDIANS. Juxa 14, 1866. 787

nation independent and self-sustaining, and to pay the damages sustained


by the mission schools on the North Fork and the Arkansas rivers, not
to exceed two thousand dollars, and to pay the delegates such per diem
al the agent and Creek council may agree upon, as a just and fair com-
pensation, all of which shall be distributed for that purpose by the agent,
with the advice of the Creek council, under the direction of the Secretary
of the Interior. One hundred thousand dollars shall be paid to soldiers
that enli-ted in the Federal army and the loyal refugee Indians and
freedmen who were driven from their homes by the Rebel forces, to re-
imbur-e them in proportion to their respective losses; four hundred thou- Amendment.
sand dollars shall be paid per capita in money to said Creek nation, un- Post, p. 791.
les,, otherwise directed by the President of the United States, under the
direction of the Secretary of the Interior, as the same may accrue from
the sale of land to other Indians. The United States agree to pay to
said Indians, in such manner and for such purposes as the Secretary of
the Interior may direct, interest at the rate of five per cent per annum
from the date of the ratification of this treaty, on the amount hereinbe-
fore agreed upon for said ceded lands, after deducting the said two hun-
dred thousand dollars ; the residue, two hundred and seventy-five thousand
one hundred and sixty-eight dollars, shall remain in the treasury of the
United States, and the interest thereon, at the rate of five per centum per
annum, be annually paid to said Creeks as above stipulated.
ARTICLE IV. Immediately after the ratification of this treaty the Losses of loyal
refugee Indians
United States agree to ascertain the amount due the respective soldiers and freedmen,
who enlisted in the Federal army, loyal refugee Indians and freedmen, soldiers entisted
in proportion to their several losses, and to pay the amount awarded in federal army.
each, in the following manner, to wit: A census of the Creeks shall be Census, &C.
taken by the agent of the United States for said nation, under the direc-
tion of the Secretary of the Interior, and a roll of the names of all sol-
diers that enlisted in the Federal army, loyal refugee Indians, And freed-
men, be made by him. The supeiintendent of Indian affairs for the
Southern superintendency and the agent of the United States for the
Creek nation shall proceed to investigate and determine from said roll
the amounts due the respective refugee Indians, and shall transmit to the
commissioner of Indian affairs for his approval, and that of the Secretary
of the Inteiior, their awards, together with the reasons therefoi. In case
the awards so made shall be duly approved, said awards shall be paid
from the proceeds of the sale of said lands within one year from the rat-
ification of this treaty, or so soon as said amount of one hundred thousand
($100,000) dollars can be raised from the sale of said land to other In-
dians.
ARTICLE V. The Creek nation hereby grant a right of way through Right of way
their lands, to the Choctaw and Chickasaw country, to any company ranted a
which shall be duly authorized by Congress, and shall, with the express
consent and approbation of the Secretary of the Interior, undertake to
construct a railroad from any point north of to any point in or south of
the Creek country, and likewise from any point on their eastern to their
western or southern boundary, but said railroad company, together 'ith Conditions.
all its agents and employ&, shall be subject to the laws of the United
States relating to intercourse with Indian tribes, and also to such rules
and regulations as may be prescribed by the Secretary of the Interior for
that purpose, and the Creeks agree to sell to the United States, or any Lands will bo
company duly authorized as aforesaid, such lands not legally owned or sold.
occupied by a member or members of the Creek nation, lying along the
line of said contemplated railroad, not exceeding on each side thereof a
belt or strip of land thiee miles in width, at such price per acre as may
be eventually agreed upon between said Creek nation and the party or
parties building said road, subject to the approval of the President of the
United States: Provided, however, That said land thus sold shall not be rroviso.

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788' TREATY WITH THE CREEK INDIANS. JUNE 14, 1866.

reconveyed, leased, or rented to, or be occupied by any one not a citizen of


the Creek nation, according tp its laws and recognized usages: Provided,
also, That officers, servants, and employds of said railroad necessary to
its construction and management, shall not be excluded from such neces-
sary occupancy, they being subject to the provisions of the Indian inter-
course law and such rules and regulations as may be established by the
Secretary of the Interior, nor shall any conveyance of any of said lands
be made to the party building and managing said road until iti comple-
ton as a first-clabs railroad, and its acceptance as such by the Secretary
of the Interior.
Creek orphan ARTICLE VI. Inasmuch as the bonds, or a portion thereof, in which
fund, and orphan the Creek orphan fund has been heretofore invested, from certain causes
children, have largely depreciated in value, and are for the purposes for which said
fund was set aside unproductive, it is hereby further stipulated that such
of the bonds now held by the Secretary of the Interior, in trust for the
orphans of the Creek nation, as may be necessary to establish a manual-
labor school for the improvement and education of the orphan children of
said nation shall be disposed of, and the avails thereof used for that pur-
Amendment. pose, under the direction of the Secretary of the Interior. The residue of
Post, P. 791. said fund shall be retained in the treasury of the United States, upon
which inteiest at the rate of five per cent shall annually be paid for the
maintenance and support of said school.
Seminolesmay ARTICLE VII. The Creeks hereby agree that the Seminole tribe of
convey to the Indians may sell and convey to the Uiited States all or any portion of
United States. the Seminole lands, upon such terms as may be mutually agreed upon by
and between the Seminoles and the United States.
Line dividing ARTICLE VIII. It is agreed that the Secretary of the Interior forth-
the
tyto Creek
he sur-our- with cause the line dividing the Creek country, as provided for by the
veyed. terms of the sale of Creek lands to the United States in article third of
this treaty, to be accurately surveyed under the direction of the commis-
sioner of Indian affairs, the expenses of which survey shall be paid by the
United States.
Agency build- ARTICLE IX. Inasmuch as the agency buildings of the Creek tribe
inp. have been destroyed during the late war, it is further agreed that the
United States shall at their own expenbe, not exceeding ten thousand
dollars, cause to be erected suitable agency buildings, the sites whereof
shall be selected by the agent of said tribe, in the reduced Creek reser-
vation, under the direction of the superintendent of Indian affairs.
In consideration whereof, the Creeks hereby cede and relinquish to the
United States one section of their lands, to be de-ignated and selected by
their agent, under the direction of the superintendent of Indian affairs,
upon which said agency buildings shall be erected, which section of land
shall revert to the Creek nation when said agency buildings are no longer
used by the United States, upon said nation paying a fair and reasonable
value for said buildings at the time vacated.
Creeks agree ARTICLE X. The Creeks agree to such legislation as Congress and the
to certain legis- President of the United States may deem necescary for the better admin-
lation istration of justice and the protection of the rights of person and property
within the Indian territory: Provided, however, [That] said legislation
shall not in any manner interfere with or annul their present tribal organ-'
General coun- ization, rights, laws, privileges, and customs. The Creeks also agree that
oil. a general council, consisting of delegates elected by each nation or tribe
lawfully resident within the Indian territory, may be annually convened
in said territory, which council shall be organized in such manner and
possess such powers as are hereinafter described.
COnsMu First. After the ratification of this treaty, and as soon as may be
deemed practicable by the Secretary of the Interior, and prior to the
first session of said council, a census, or enumeration of each tribe law-
fully resident in 6aid territory, shall be taken under the direction of the

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TREATY WITH THE CREEK INDIANS. JuNE 14, 1866. 789

superintendent of Indian affairs, who for that purpose is hereby authorized


to designate and appoint compqtent persons, whose compensation shall be
fixed by the Secretary of the Interior and paid by the United States.
Second. The first general council shall consist of one member from First general
each tribe, and an additional member for each one thousand Indians, or eouned, how
each fraction of a thousand greater than five hundred, being members of composed.
any tribe lawfully resident in said territory, and shall be selected by said
tribes respectively, who may assent to the establishment of said general
council, and if none should be thus formally selected by any nation or
tribe, the said nation or tribe shall be repre-ented in said general council
by the chief or chiefs and headmen of said tribe, to be taken in the order
of their rank as recognized in tribal usage, in the same number and pro-
portion as above indicated. After the said census shall have been taken
and completed, the superintendent of Indian affairs shall publish and de-
clare to each tribe the number of members of said council to which they
shall be entitled under the provisions of this article, and the persons en-
titled to so represent said tribes shall meet at such- time and place as he Time and
shall appoint, but thereafter the time and place of the sesbions of said placeofmeeting.
council shall be determined by its action: Provided, That no session in Sessions not to
any one year shall exceed the term of thirty days, and provided that exceed 30 days.
special sessions of said council may be called whenever, in the judgment . Special ses-
of the Secretary of the Interior, the interest of said tribe shall require. stuns.
Thild. Said general council shall have power to legislate upon all right- Powers ofgau-
ful subjects and matters pertaining to the intercourse and relations of the era] council.
Indian tribes and nations resident in said territory, the arrest and extradi-
tion of criminals and offenders escaping from one tribe to another, the ad-
ministration of justice between members of the several tribes of said ter-
ritory, and persons other than Indians and members of said tribes or nations,
the construction of works of internal improvement, and the common defence
and safety of the nations of said territory. All laws enacted by sad gen-
eral council shall take effect at such time as may therein be provided, un-
less suspended by direction of the Secretary of the Interior or the Presi-
dent of the United States. No law shall be enacted inconsistent with the
Constitution of the United States, or the laws of Congress, or existing
treaty btipulations with the United States, nor shall said council legislate
upon matters pertaining to the organization, laws, or customs of the sev-
eral tribes, except as herein provided for.
Fourth. Said council shall be presided over by the superintendent of Who to preside
Indian affairs, or, in case of his absence from any cause, the duties of said Oer cO.
superintendent enumerated in this article shall be performed by such per-
son as the Secretary of the Interior may direct.
Fifth. The Secretary of the Interior shall appoint a secretary of said Secretary of
council, whose duty it shall be to keep an accurate record of all the pro- co 'IL
ceedigs of said council, and who shall transmit a true copy of all such
proceedings, duly certified by the superintendent of Indian affairs, to the
Secretary of the Interior immediately after the sessions of said council
shall terminate. He shall be paid out of the treasury of the United Pay.
States an annually salary of five hundred dollars.
Sixth. The members of said council shall be paid by the United States Pay ofmen-
*the sum of four dollars per diem during the time actually in attendance bers.
on the sessions of said council, and at the rate of four dollars for every
twenty miles necessar[il]y travelled by them in going to and returning
to their homes, respectLvely, from said council, to be certified by the sec-
retary of said council and the superintendent of Indian affairs.
Seventh. The Creeks also agree that a court or courts may be estab- Courts.
lished in said territory, with such jurisdiction and organized in such man-
ner as Congress may by law piovide.
ARTICLE XI. The stipulations of this treaty are to be a fil settle- This treaty to
meat of all claims of said Creek nation for damages and losses of every be menta fall settle
of all
claims.

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790 TREATY WITH THE CREEK INDIANS. JuNE 14, 1865.

kind growing out of the late rebellion and all expenditures by the United
States of annuities in clothing and feeding refugee and destitute Indians
since the diversion of annuities for that purpose consequent upon the late
war with the so-called confederate states; and the Creeks hereby ratify
and confirm all such diversions of annuities heretofore made from the
Diversions of funds of the Creek nation by the United States, and the United States
annuities. agree that no annuities shall be diverted from the objects for which they
were originally devoted by treaty stipulations with the Creeks, to the use
of refugee and destitute Indians other than the Creeks or members of the
Creek nation after the close of the present fiscal year, June thirtieth,
eighteen hundred and sixty-six.
Treaty chli- ARTICLE XII. The United States reaffirms and reassumes all obliga-
gat=ons reaf- tions of treaty stipulations with the Creek nation entered into before the
inmed treaty of said Creek nation with the so-called confederate states, July
tenth, eighteen hundred and sixty-one, not inconsistent herewith; and
further agrees to renew all payments of annuities accruing by force of
said treaty stipulations from and after the close of the present fiscal year,
June thirtieth, eighteen hundred and sixty-six, except as is provided in
article eleventh.
Lands panted ARTICLE XIII. A quantity of land not exceeding one hundred and
formionay or sixty acres, to be selected according to legal subdivisions, in one body,
educational pur-0
poses; and to include their improvements, is hereby granted to every religious
society or denomination which has erected, or which, with the consent of
the Indians, may hereafter erect buildings within the Creek country for
not to be sold, missionary or educational purposes; but no land thus granted nor the
except, &c, buildings which have been or may be erected thereon shall ever be sold
or otherwise disposed of, except with the consent and approval of the
when sold, pro- Secretary of the Interior ; and whenever any such lands or buildings shall
ceeds to be how be so sold or disposed of, the proceeds thereof shall be applied, under the
'oplied. direction of the Secretary of the Interior, to the support and maintenance
of other similar establishments for the benefit of the Creeks and such
other persons as may be or may hereafter become members of the tribe
according to its laws, customs, and usages; and if at any time said im-
provements shall be abandoned for one year for missionary or educational
purposes, all the rights herein granted for missionary and educational
purposes shall revert to the said Creek nation.
Inconsistent ARTICLE XIV. It is further agreed that all treaties heretofore entered
treaty provisions into between the United States and the Creek nation which are ineonsist-
annulled. ent with any of the articles or provisions of this treaty shall be, and are
hereby, rescinded and annulled ; and it is further agreed that ten thou-
sand dollars shall be paid by the United States, or so much thereof as
may be necessary, to pay the expenses incurred in negotiating the forego.
ing treaty.
Execution. In testimony whereof, we, the commissioners representing the United
States and the delegates representing the Creek nation, have hereunto
set our hands and seals at the place and on the day and year above written.
D. N. COOLEY, [SEAL.]
Corr. Ind. Affrs.
ELIJAH SELLS, [SEAL.]
Supt. Ind. Af.
OK-TA-HAS HARJO, his x mark. [SEA1.]
COW MIKKO, his x mark. [SEAL.]
COTCH-CHO-CHEE, his x mark. [sEAL.]
D. N. McINTOSH. [SEAL.]
JAMES M. C. SMITH. [SEXL.]
In presence of -
J. W. DUNN, U. S. Indian Agent.
J. HARLn, U S. Indian Agent.

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TREATY WITH THE CREEK INDIANS. JuNE 14,1866.

CHARLES E. Mix.
J. M. TEBBETTS.
GEO. A. REYNOLDS, U. S. Indian Agent.
JOHN B. SAkBORN.
JoHN F. BROWN, Seminole Delegate.
JOHN CHUPco, his x mark.
Fos-HAR-Jo, his x mark.
CHO-COTE-HuGA, his x mark.
R. FIELDS, Cherokee Delegate.
DOUGLAS H. COOPER.
WU. PENN ADAIR,
HARRY ISLAND, his x mark, U. S. Interpreter,Creek Nation.
SULUDIN WATIE.

And whereas, the said treaty having been submitted to the Senate of Ratification,
the United States for its constitutional action thereon, the Senate did, on with amend-
hundred and sixty-six,
the nineteenth day of July, one thousand eight
advise and consent to the ratification of the same, with amendments, by a
resolution in the words and figures following, to wit: -

IN EXECUTIVE SESSION, SENATE OF THE UNITED STATES,


July 19, 1866.
Resolved, (two thirds of the senators present concurring,) That the Sen-
ate advise and consent to ,the ratification of the treaty of cession and in-
demnity concluded at the city of Washington on the fourteenth day of
June, eighteen hundred and sixty-six, by and between the United States,
represented by their Commissioners, and the Creek nation of Indians, with
the following
AMENDMENTS:

1st. Article III. line 21, after the word "paid," insert the words: in Ante, p. 786.
money and divided.
" same line, strike out the words "in money."
2d " line 43, after the word "paid" insert the words: in Ante, p. 787.
money and divided.
" same line, strike out the words "in money."
8d. Strike out all of Article VI. Ante, p. 788.
Attest: J. W. FORNEY, Secretary.

And whereas the foregoing amendments having been fully explained Amendments
and interpreted to the aforenamed delegates at large and special delegates assented to.
of the Creek nation of Indians and southern Creeks, they did, on the
twenty-third day of July, one thousand eight hundred and sixty-six, give
their free and voluntary assent to said amendments, in the words and
figures following, to wit: -
Whereas the Senate of the United States did, on the 19th day of July,
1866, advise and consent to the ratification of the treaty of cession and
indemnity concluded at the city of Washington on the 14th day of June,
1866, by and between the United States, represented by their Commis-
sioners, and the Creek nation of Indians, with the following amendments,
to wit:-
1st. Article I1. line 21, after the word "paid' insert the words: in
money and divided.
'c same line, strike out the words "in money."
2d. "c line 43, after the word "paid" insert the words: in
money and divided.
49 same line, strike out the words "in money."
8d. Strike out all of Article VI.

HeinOnline -- 14 Stat. 791 1863-1867


r92 TREATY WITH THE CREEK INDIANS. JUNE 14, 1866.

Now, therefore, we, the delegates representing the Creek Nation of In-
dians, do hereby assent and agree to the said amendments above written,
the same having been interpreted to us and being fully understood by us.
Witness our hands and seals this 23d day of July, A.D. 1866, at
Washington, D. C.
OK-TA-HAS-HARJO, his x mark. [SEAL.]
COW MIKKO, his x mark. [SEAL.]
COTCH-CHO-CHEE, his x mark. [SCAL.]
D. N. McINTOSH, [SEAL.]
JAMES M. C. SMITH. LSEAL.]

In presence of-
CHARLES E. MI.
W. R. IRWIN.
LEWIS S. HAYDEN.
G. D. CURTIS.
GEO. A.REYNOLDS.
E. B. GRAYSON.
JOHN F. BROWN.
J. HARLAN, U. S. Indian Agent.
HARRY ISLAND, his x mark, U. S. Interpreterfor G'reeks.
ROBERT JOHNSON, his x mark, U. S. Interpreterfot Seminoles.
JoHN CauP-co, his x mark.
Fos HARPO, his x mark.
CHO-COTE HA.Jo, his x mark.

Prclaimed. Now, therefore, be it known that I, ANDREW JOHNSON, President of


the United States of America, do, in pursuance of the advice and consent
of the Senate, as expressed in its resolution of the nineteenth of July, one
thousand eight hundred and sixty-six, accept, ratify, and confirm the said
treaty with the amendments as aforesaid.
In testimony whereof, I have hereto signed my name and caused the
seal of the United States to be affixed.
Done at the city of Washington this eleventh day of August, in
[SEAL.] the year of our Lord one thousand eight hundred and sixty-six,
and of the Independence of the United States of America the
ninety-first.
ANDREW JOHNSON.

By. the President:


HENRY STAXEERY, Acting Secretary of State.

HeinOnline -- 14 Stat. 792 1863-1867


TREATY WITH THE DELAWARE INDIANS. JULY 4 18G6.

Treaty between the United States of America and the Delaware Trl'be of
Indians; Concluded July 4, 1866 ; Ratification advised July 26, 1866;
ProclaimedAugust 10, 1866.

ANDREW JOHNSON,
PRESIDENT OF THE UNITED STATES OF AMERICA, July 4,1866.

TO ALL AND SINGULAR TO WHOM THESE PRESENTS SHALL COME, GREETING:

WrIER AS a treaty was made and concluded at the Delaware Agency, Preamble.
Kansas, on the fourth day of July, in the year of our Lord one thousand
eight hundred and sixty-six, by and between Thomas Murphy, John G.
Pratt, and William H. Watson, Commissioners, on the part of the United
States, and Captain John Connor, Captain Sarcoxie, Charles Journeycake,
and other chiefs and councillors of the Delaware tribe of Indians, on the
part of said tribe of Indians, and duly authorized thereto by them, which
treaty is in the words and figm es following, to wit :-

AuTiCLFS oF AGRxxEF.1xT between the United States and the chiefs and Contueting
councillors of the Delaware Indians, on behalf of said tribe, made at parties.
the Delaware Agency, Kansas, on the fourth day of July, eighteen
hundred and sixty-six.
WHEREAS Congress has by law made it the duty of the President of Preamble.
the United States to provide by treaty for the removal of the Indian
tribes from the State of Kan'as; and whereas the Delaware Indians have
expressed a wish to remove from their present reservation in said State
to the Indian country, located between the States of Kansas and Texas;
and whereas the United States have, by treaties negotiated with the
Choctaws and Chickasaws, with the Creeks, and with the Seminoles, In-
dian tribes residing in said Indian country, acquired the right to locate
other Indian tribes within the limits of the same; and whereas the Mis-
souri River Railroad Company, a corporation existing in the State of
Kansas by the laws thereof, - and which company has built a railroad
connecting with the Pacific Railroad, from near the mouth of the Kaw
River to Leavenworth, in aid of which road the Delawares, by treaty in
eighteen hundred and sixty-four, agreed to dispose of their lands,- has
expressed a desire to purchase the present Delaware Indian reservation
in the said State, in a body, at a fair price:
It j, hereby agreed between Thomas Murphy, superintendent of Indian
affairs, John G. Pratt, agent for the Delawares, and William H. Watson,
special commissioner, who are duly appointed to act for the United States;
and Captain John Connor, Captain Sarcoxie, and Charles Journeyeake,
chiefs, and James Ketchum, James Connor, Andrew Miller, and John
Sarroxie, councillors, duly appointed and authorized by said Delaware
Indians to act for them and in their behalf, to ait:-
AaTIcLz I. That the United States shall secure and cause to be paid Value of res.
to said Indians the full value of all that part of their reservation, with the eivation hereto-
improvements then existing on the same, heretofore sold to the Leaven- fore paid sold
the to be
Dela-
woith. Pawnee, and Western Railroad Company, according to the terms wares.
of a treaty ratified August twenty-second, eighteen hundred and sixty,
and supplemental treaties, and in accordance with the conditions, restric-
tions, and limitations thereof.

HeinOnline -- 14 Stat. 793 1863-1867


794 TREATY WITH THE DELAWARE INDIANS. JuLy 4, 1866.

Remainder of ARTICLE IT. That the Secretary of the Interior shall be, and he is,
reservation may authorized to sell to said Missouri River Railroad Company, or to other
be sold. responsible party or parties, in a body, all the remaining part of said res-
ervation, being the lands conveyed to said Delaware Indians in pursuance
of the provisions of the supplemental treaty of September twenty-fourth,
eighteen hundred and twenty-nine, and all other lands owned by the said
tribe in the State of Kansas not previously disposed of, except as herein-
Price. after provided, for a price not less than two dollars and fifty cents per
acre, exclusive of improvements.
Lands of those ARTICLE III. It shall be the duty of the Secretary of the Interior to
Indians electing give each of all the adult Delaware Indians who have received their pro-
to become citi-
zens to be re- portion of land in severalty an opportunity, free from all restraint, to elect
servedfromsale, whether they will dissolve their relations with their tribe and become citi-
zens of the United States: and the lands of all such Indians as may
elect so to become citizens, together with those of their minor children,
held by them in severalty, shall be reserved from the sale hereinbefore
Improvements provided for. And the Secretary of the Interior shall cause any and all
to be appraised; improvements made on any of the said lands, the Bale of which is provid-
ed for, whether held in common or in severalty, to be appraised, and the
value thereof added to the price of said lands, to be paid for when pay-
ment is made for the lands upon which said improvements exist ; and the
value thereof money received for the improvements on the land of each Indian held in
paid to each
Indian. severalty shall be paid to him at any time after its payment to the Secre-
tary of the Interior, when the department shall be notified that said In-
dian is ready to remove to the Indian country, to provide for his removal
to, and to enable him to make improvements on his new home therein :
Landstobe set Provided,That whenever it shall be ascertained under the registry above
apart for chil- provided for what lands will be vacated, there shall be set apart from the
dren born since
allotment, lands held in common, for each child of Delaware blood, born since the
allotment of land to said tribe in severalty was made under previous
treaties, a quantity of land equal to the amount to which they would
have been entitled had they been born before said allotment, provided
that selections for children belonging to families whose head may elect to
remain may be made from lands which are to be vacated by those who
Improvements. elect to remove: And provided further, That in case there shall be im-
provements upon any heretofore allotted lands, so selected for children of
the Delawares, payment shall be made for such improvements, at their
appraised value, by the parents or guardians of said children, at the
same time as if the said lands had been sold to the railroad company or
other parties.
The United ARTICLE IV. The United States agree to sell to the said Delaware
States to sell Indians a tract of land ceded to the government by the Choctaws and
certain lands to
the Delawares. Chickasaws, the Creeks, or the Seminoles, or which may be ceded by the
Cherokees in the Indian country, to be selected by the Delawares in one
body in as compact a form as practicable, so as to contain timber, water,
and agricultural lands, to contain in the aggregate, if the said Delaware
Indians shall so desire, a quantity equal to one hundred and sixty (160)
acres for each man, woman, and child who shall remove to said country,
Price. at the price per acre paid by the United States for the said lands, to be
paid for by the Delawares out of the proceeds of sales of lands in Kan-
Boundaries sas, heretofoie provided for. The said tract of country shall be set off
and surveys. with clearly and permanently marked boundaries by the United States;
and also surveyed as public lands are surveyed, when the Delaware coun-
cil shall so request, when the same may, in whole or in part, be allotted
by said council to each member of said tribe residing in said country,
said allotment being subject to the approval of the Secretary of the In-
terior.
Peaceable pos- ARTICLE V. The United States guarantee to the said Delawares
bession guaran- peaceable possession of their new home herein provided to be selected for

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TREA1Y WITH THE DELAWARE INDIANS. JULY 4, 1866. 795

them in the Indian country, and protection from hostile Indians and in-
ternal strife and civil war, and a full and just participation in any general
council or territorial government that may be established for the nations
and tribes residing in said Indian country.
ARTICLE VI. It is agreed that the proceeds of the sale of the Dela- Proceeds of
ware lands herein provided for shall be paid to said Indians in the man- sales of lands to
b pad to the
ner following, to wit: Whenever the Department of the Interior shall be Indans, andhow.
notified by the council, through the agent, that any of the Delawares who
hold land in severalty are ready to remove, at the same time describing their
allotments, there shall be paid to each such person the value of his allot-
ment, and that of his family, to enable him to remove to and improve his
new home, provided the money for the said allotment shall have been
paid to the Secretary of the Interior; and while said money, or any part
thereof, shall remain in the treasury of the United States, the Delawares
shall be entitled to receiive interest on the amount so retained at the rate
of five (5) per cent per annum. And the residue of the proceeds of the
sale of the Delaware lands, being those which have not been allotted,
or which have once been allotted, but have been abandoned by the allot-
tees, shall be added to the general fund of the Delawares, interest thereon
to be paid to the Indians in the same manner as is now provided in re-
gard to that fund.
lands byof
ARTICLE VII. Within thirty days after the ratification of this treaty thePurchase the
it shall be the duty of the Secretary of the Interior to give the said Mis- M uri Rtver
souri River Railroad Company notice that he is authorized to contract Railroad Com-
with them or other responsible party or parties for the sale of said lands PnY"
on the terms specified in this treaty, indicating the approximate quantity
thereof; and within twenty days after receiving said notice at their usual
place of doing business in the State of Kansas it shal be competent for
said company to elect to make the purchase, by filing with the said Sec-
retary their bond, with approved security, in double the amount proposed
to be paid by them for the whole of said lands, guaranteeing that they
will purchase all of the lands to be sold under the provisions of this
treaty, and that they will pay for them in accordance with the terms
thereof. And upon the filing of a satisfactory bond as above provided by
said company, the contract for such purchase shall be concluded by the
said Secretary with said Missouri River Railroad Company, at not less
than two dollars and fifty cents per acre for the whole of the lands here-
in provided to be sold: Provided,however, That if said railroad company may If, be
&c. landto
sold
shall not within the twenty days above limited file its bond for the pur- others.
chase as herein prescribed, the Secretary of the Interior may at the ex-
piration of that time accept any offer for the whole of said lands in one
body, at not less than two dollars and fifty cents per acre, from any other
responsible parties; but no offer shall be considered from other parties
than said Missouri River Railroad Company, unless accompanied by a
certificate of deposit in the First National Bank of the city of Washing-
ton, D. C., to the credit of the said Secretary, for an amount equal to ten
per cent of the aggregate value of the land at the price proposed, to be
forfeited for the use of the Delawares if the sale should be awarded to
said person or corporation so proposing to purchase the lands, and said
party should fail to make payment as hereinafter provided.
ARTICLE VIII. That within sixty days after the sale of said land Payment,when
shall have been effected, the purchaser shall pay to the said Secretary, in to be made.
trust for the Delawares, the stipulated price of said unallotted lands, with
the appraised value of improvements thereon, excepting therefrom the
mill reservation, and the quarter sections upon which the council-house
and blacksmith shops are built, the use of which shall be retained until
the final removal of the Delawares, and for which payment shall not be
required from the purchaser until possession is delivered; and from time
to time thereafter, as often as the Secretary of the Interior shall notify

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796 TREATY WITH THE DELAWARE INDIANS. JuLy 4,1866.

the said purchaser that ten thousand acres or more of said lands have
been vacated by said Indians, within three months thereafter, said pur-
chaser shall pay to the Secretary of the Interior, in trust for the said In-
dians, the stipulated price for said lands, with the appraised value of the
improvements ; and so on until all are paid for, according to the true in-
tent and meaning hereof; and as said lands shall be paid for, patents
therefor, conveying the same in fee simple, shall be from time to time is-
sued to said purchaser, or to his or its assigns, by the President of'the
United States.
Registry to be ARTICLE IX. It is also stipulated that the Secretary of the Interior
made of Data-shl
wares electina shall cause a registry to be made of the names of all of said Delawares
become ctzens, who have elected to dissolve their tribal relations and to become citizens
of the United States, as provided in this treaty, with the names, age., and
sex of the members of the family of each of said Delawares, and pre-
sent a certified copy of the same to the judge of the distret court of the
United States for the district of Kansas, and cause a copy to be filed in
the office of the commissioner of Indian affairs, after which any of said
Mode ofproce- Delawares, being adults, may appear before the said judge in open court,
dire to become and make the same proof and take the same oath of allegiapce as is pro-
vided by law for the naturalization of aliens, and also make proof to the
satisfaction of said court that he is suffloiently intelligent and prudent to
control his own affairs and interests, that he has adopted the habits of
civilized life, and has been able to support, for at least five years, himself
and family; when he shall receive a certificate of the same under the
Patent of land seal of the said court; and on the filing of the said certificate in the of-
before allotted. lice of the commissioner of Indian affaiis, the said Delaware Indian shall
be constituted a citizen of the United State%,, and be entitled to receive a
patent in fee simple, with power of alienation, for the land heretofore al-
lotted to him, and his just proportion, in cash or in bonds, of the cash
value of the credits of said tribe, principal and interest, then held in trust
Proportion of by the United States; and also, as the same may be received, his propor-
proceeds of sales. tion of the proceeds of the sale of lands under the provisions of this
treaty, when he shall cease to be a member of said tribe. Whereupon
Minor children. all of the minor children of those who have become citizens shall be.con-
strued to have elected to sever their connection with said tribe for the
time being, and be entitled to their just proportion of the annuities of
the tribe, to be paid to the head of the family to be expended for their
support and education until they shall attain the age of twenty-one years,
after which each shall elect to remove to his tribe or to become a citizen
of the United States, as heremnbefore provided, and if thus admitted to
citizenbhip, shall be entitled to all the privileges and interests herein pro-
vided fbr the head of the family. Should any minor as aforesaid, arriv-
ing at the age of twenty-one years, and electing to become a citizen of
the United States, or any adult Indian having so elected, fail to be ad-
mitted, he shall not be compelled to remove, but the Secretary of the In-
terior shall provide proper guardianship for the protection of' hi, right'i
Grant to those and interests and those of his family. There shall be granted to each of
that have be- the Delawares who have thus become citizens, a patent in fee simple for
come citizens. the lands heretofore allotted to them, and, if they do not remove with the
nation, their pro rata share of all annuities and trust property held by
the United States for them, the division to be made under the direction
of the President of the United States, after which such persons shall
cease to be members of the Delaware tribe, and shall not further partici-
Funds of the pate in their councils, nor share in their property or annuities.
tribe not to be ARTICLE X. It is further agreed that the funds of the Delawares
used to pay shall never be applied by the government to the payment of the debt or
debts of individ
ual members. debts of any individual member or members of the nation ; nor shall any
Licenses to person be licensed to trade with the Delawares without the consent of
trade, the chiefs and council ; and the salaries of the chiefs shall henceforward
Salaries of
chiefs, be four hundred dollars per annum.

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TREATY WITH THE DELAWARE INDIANS. JULY 4,1866. 797

ARTICLE XL The Delawares acknowledge their dependence upon Dependence


the United States, and again renew their pledges of devotion to the gov- and protection.
ernment thereof, and ask its protection; and the United States agree to
protect, preserve, and defend them in all their just rights.
ARTICLE XII. It is also agreed that if the said Secretary should not Sale of lan&.
be able to sell the said lands as hereinbefore provided, he may cause the
same to be appraised, in separate tracts, at their fair cash value, no tract
to be valued at less than two dollars and fifty cents per acre, and the same
when appraised may be sold at not less than the appraised value, and for
as much more as the same will bring, and the money arising from the sale
to be applied and distributed as hereinbefore provided.
ARTICLE XIII. It is agreed by the Delawares that railroad compa- Right of way
nies engaged in building roads whose routes shall lie through their new forrioads.
reservation in the Indian country shall have a right of way through and
over said lands, not exceeding two hundred feet in width for any such
road, and also the right to enter on all lands and take and use such
gravel, stone, and other material except timber as may be necessary for
the construction of such road, compensation to be made for any damages
done in obtaining such material, and for any damages arising from the lo-
cation or running of such road-, to improvements which shall have beesr
made before such road shall have been located, such damages to be ascer5,
tained under regulations to be prescribed by the Secretary of the Inte-
rior.
ARTICLE XIV. The United States further agree that, in accordance Settlement of
all claims of the
with the general provisions of the sixth article of the Delaware treaty of Delawares for
May thirty, eighteen hundred and sixty, which have not yet been fulfilled, depredations.
there shall be credited to the Delawares, in the purchase of their new
reservation in the Indian country, the sum of thirty thousand dollars,
which credit by the United States shall be received by the Delawares as
a full settlement of all claims against the government for depredations
upon timber to the date of the signing of this treaty; and the Delawares
shall receive, without cost, from the United States, land included within
their new reservation to the amount of twenty-three sections, in place of
the twenty-three sections of half-breed Kaw lands referred to in said
sixth section of the treaty of eighteen hundred and sixty; and inasmuch
as the Delawares claim that a large amount of stock has been stolen from
them by whites since the treaty of eighteen hundred and fifty-four, the
United States agree to have a careful examination of such claims made
under the divection of the Secretary of the Interior, and when the value
of such stolen stock shall have been ascertained, the same shall be re-
ported to Congress with a recommendation for an appropriation to pay for
the same ; and all moneys appropriated for such purpose shall be paid to
the owners of said stock.
ARTICLE XV. It is also agreed by the contracting parties that noth- Delawares not
ing contained in this treaty shall be so construed as to require the Dela- to move until
new homes are
wares to remove from their present homes, until after they shall have provided.
selected and received title to lands for new homes elsewhere.
In testimony whereof, the said superintendent, agent, and special cor- Execution.
missioner, on behalf of the U'nited States, and the said chiefs and council-
lors on behalf of the Delawares, have hereunto set their hands and seals
this fourth day of July, one thousand eight hundred and sixty-six.
THOS. MURPlY, [SEAL.]
Superintendent.
JOHN G. PRATT, [SEAL.j
Agent.
W. H. WATSON, [SEAL.]
Special Commissioner,
JOHN CONNOR, his x mark, [SEAL.]
Head Chief.

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798 TREATY WITH THE DELAWARE INDIANS. JULY 4, 1866.
CAPTAIN SARCOXIE, his x mark, [SEAL.]
Assistant Chief.
CHARLES JOURNEYCAKE, [SEAL.]
Assistant Chief.
JAMES KETCH[U]M, [SEAL.]
JAMES CONNOR, his x mark, [SEAL.]
ANDREW MILLER, his x mark, [SEAL.]
JOHN SARCOXIE, his x mark, [SEAL.]
Councillors.
ISAAC JOHNYCAKE,
U. S. Interpreter.

In presence of-
HENRY S. BLELEY.
EDWARD S. MENAGER.
Louis A. MENAGER.

Ratification. And whereas, the said treaty having been submitted to the Senate of
the United States for its constitutional action thereon, the Senate did, on
the twenty-sixth day of July, one thousand eight hundred and sixty-six,
advise and cdAn5 to the ratification of the same, by a resolution in the
words and figures following, to wit: -

IN EXECUTIVE SESSION, SENATE OF THE UNITED STATES,


July 26, 1866.
Resolved, (two thirds of the senators present concurring,) That the
Senate advise and consent to the ratification of the articles of agreement
between the United States and Delaware Indians, made at the Delaware
Agency, Kansas, on the fourth day of July, one thousand eight hundred
and sixty-six.
Attest: J. W. FORNEY, Secretary.

Prolalmed. Now, therefore, be it known that I, ANDREW JOHNSON, President of


the United States of America, do, in pursuance of the advice and consent
of the Senate, as expressed in its resolution of the twenty-sixth of July,
one thousand eight hundred and sixty-six, accept, ratify, and confirm the
said treaty.
In testimony whereof, I have hereto signed my name and caused the
seal of the United States to be affixed,
Done at the city of Washington this tenth day of August,
in the year of our Lord one thousand eight hundred and
[SEAL.] sixty-six, and of the Independence of the United States of
America the ninety-first.
ANDREW JOHNSON.
By the President:
HENRY STANBERYT Acting Secretary of State.

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TREATY WITH THE CHEROKEE INDIANS. JuLY 19, 1866.

Treaty between the United States of America and the Cherokee Nation of
Indians; Concluded July 19, 1866 ; Ratiflcation advised, with Amend-
ments, July 27, 1866; Amendments accepted July 31, 1866; Proclaimed
August 11, 1866.
ANDREW JOHNSON,
PRESIDENT OF THE UNITED STATES OF AMERICA, July 19, 1865.
TO ALL AND SINGULAR TO WHOM THESE PRESENTS SHALL COME, GREETING:

WHEREAS a Treaty was made and concluded at the city of Washington, Preamble.
in the District of Columbia, on the nineteenth day- of July, in the year
of our Lord one thousand eight hundred and sixty-six, by and between
Dennis N. Cooley and Elijah Sells, Commissioners, on the part of the
United States, and Smith Christie, White Catcher, James McDaniel, S.
H. Benge, Daniel H. Ross, and J. B. Jones, delegates of the Cherokee
nation, appointed by resolution of the national council, on the part of
said Cherokee nation, which treaty is in the words and figures following,
to wit : -
ARTICLES Or AGREEMENT A2, CoNvENTIow at the city of Washington Contracting
partis
on the nineteenth day of July, in the year of our Lord one thousand P
eight hundred and sixty-six, between the United States, represented by
Dennis N. Cooley, Commissioner of Indian affairs, [and] Elijah Sells,
superintendent of Indian affairs for the southern superintendency, and
the Cherokee nation of Indians, represented by its delegates, James
McDaniel, Smith Christie, White Catcher, S. H. Benge, J. B. Jones,
and Daniel H. Ross - John Ross, principal chief of the Cherokees,
being too unwell to join in these negotiations.

PREAMBLE.

WHEREAS existing treaties between the United States and the Cherokee
nation are deemed to be insufficient, the said contracting parties agree
as follows, viz - -
ARTICLE L The pretended treaty made with the so-called confederate Pretended
states by the Cherokee nation on the seventh day of October, -eighteen treaty declared
hundred and sixty-one, and repudiated by the national council of the void.
Cherokee nation on the eighteenth day of February, eighteen hundred
and sixty-three, is hereby declared to 'be void.
ARTICLE II. Amnesty is hereby declared by the United States and Amnesty.
the Cherokee nation for all crimes and misdemeanors committed by one
Cherokee on the person or property of another Cherokee, or of a citizen
of the United States, prior to the fourth day of July, eighteen hundred
and sixty-six; and no right of action arising out of wrongs committed
in aid or in the suppression of the rebellion shall be prosecuted or main- Amendment
taned in the courts of the United States or in the courts of the Chero- Post p 807.
kee nation.
ARTICLE IL. The confiscation laws of the C.ierokee nation shall be Confiscation
repealed, and the same, and all sales of farms, and improvements on real laws repealed
and former own-
estate, made or pretended to be made in pursuance thereof, are hereby er restored to
agreed and declared to be null and void, and the former ownes of such their rights.
property so sold, their heirs or assigns, shall have the right peaceably to
reoccupy their homes, and the pu-chaser under . the confiscation laws, or
his heirs or assigns, shall be repaid by the treasurer of the Cherokee

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800 TREATY WITH 'THE CHEROKEE INDIANS. Jurn 19, 1866.
nation from the national funds, the money paid for said property, and the
cost of permanent improvements on such real estate, made thereon since
Improvements, the confiscation sale; the cost of such improvements to be fixed by a
commission, to be composed of one person designated by the Secretary
of the Interior and one by the principal chief of the nation, which two
may appoint a third in cases of disagreement, which cost so fixed shall
be refunded to the national treasurer by the returning Cherokees with-
in three years from the ratification hereof.
Cherokees, ARTICLE IV. All the Cherokees and freed persons who were formerly
freed persona, slaves to any Cherokee, and all free negroes not having been such slaves,
and free negroes .av
may elect to re- w] o resided in the Cherokee nation prior to June first, eighteen hundred
side where, and sixty-one, who may within two years elect not to reside northeast of the
Arkansas river and southeast of Grand river, shall have the right to set-
tle in and occupy the Canadian district southwest bf the Arkansas river,
and also all that tract of country lying northwest of Grand river, and
bounded on the southeast by Grand river and west by the Creek reserva-
tion to the northeast corner thereof; from thence west on the north line
of the Creek reservation to the ninety-sixth degree of west longitude ; and
thence north on said line of longitude so far that a line due east to Grand
river will include a quantity of land equal to one hundred and sixty acres
for each person who may so elect to reside in the territory above described
Proviso. in this article: Provided, That that part of said district north of the
Arkansas river shall not be set apart until it shall be found that the
Canadian district is not sufficiently large to allow one hundred and sixty
acres to each person desiring to obtain settlement under the provisions of
this article.
Those so elect- ARTICLE V. The inhabitants electing to reside in the district described
Iug to reside
there may elect in the preceding article shall have the right to elect all their local offi-
local officers, cers and judges, and the number of delegates to which by their numbers
judges, &o. they may be entitled in any general council to be established in the In-
dian territory under the provisions of this treaty, as stated in Article
XIL; and to control all their local affairs, and to establish all necessary
police regulations and rules for the administration of justice in said dis-
trict, not inconsistent with the constitution of the Cherokee nation or the
Proviso. laws of the United States; Provided, The Cherokees residing in said
district shall enjoy all the rights and privileges of other Cherokees who
may elect to settle in said district as hereinhefbre provided, and shall hold
the same rights and privileges and be subject to the same liabilities as
those who elect to settle in said district under the provisions of this treaty;
Proviso. Provided also, That if any such police regulations or rules be adopted
which, in the opinion of the President, bear oppressively on any citizen
of the nation, he may suspend the same. And all rules or regulations in
said district, or in any other district of the nation, discriminating against
the citizens of other districts, are prohibited, and shall be void.
Representation ARTICLE VI. The .inhabitants of the said district hereinbefore de-
innat.ionalcou- scribed shall be entitled to representation according to numbers in the
OIL national council, and all laws of the Cherokee nation shall be uniform
Unequal laws. throughout said nation. And should any such law, either in its provisions
or in the manner of its enforcement, in the opinion of the President of the
United States, operate unjustly or injuriously in said district, he is hereby
authorized and' empowered to correct such evil, and to adopt the means
necessary to secure the impartial administration of justice, as well as a
fair and equitable application and expenditure of the national funds as
between the people of this and of every other district in said nation.
Courts. ARTICLE VII. The United States court to be created in the Indian
territory ; and until such court is created therein, the United States dis-
trict court, the nearest to the Cherokee nation, shall have exclusive
original jurisdiction of all causes, civil and criminal, wherein an inhabitant
of the district hereinbefore described shall be a party, and where an in-

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TREATY WITH THB CHEROKEE INDIANS. JunY 19, 1866. 801

habitant outside of said district, in the Cherokee nation, shall be the other Courts.
party, as plaintiff or defendant in a civil cause, or shall be defendant or
prosecutor in a criminal case, and all process issued in said district by any Process.
officer of the Cherokee nation, to be executed on an inhabitant residing
outside of said district, and all process issued by any officer of the Chero-
kee nation outside of said district, to be executed on an inhabitant resid-
ing in said district, shall be to all intents and purposes null and void,
unless indorsed by the district judge for the district where such process
is to be served, and said person, so arrested, shall be held in custody by
the officer so arresting him, until he shall be delivered over to the United
States marshal, or consent to be tried by the Cherokee court: Provided, Provi
That any or all the provisions of this treaty, which make any distinction
in rights and remedies between the citizens of any district and the citi-
zens of the rest of the nation, shall be abrogated whenever the President
shall have ascertained, by an election duly ordered by him, that a ma-
jority of the voters of such district desire them to be abrogated, and
he shall have declared such abrogation: And provided further, That Proviso.
no law or regulation, to be hereafter enacted within said Cherokee nation
or any district thereof, prescribing a penalty for its violation, shall take
effect or be enforced until after ninety days from the date of its promul-
gation, either by publication in one or more newspapers of general
circulation in said Cherokee nation, or by posting up copies thereof in
the Cherokee and English languages in each district where the same is to
take effect, at the usual place of holding district courts.
ARTICLE VIII. No license to trade in goods, wares, or merchandise Licenses to
merchandise shall be granted by the United States to trade in the Chero- trade not to be
kee nation, unless approved by the Cherokee national council, except in jited unless,
the Canadian district, and such other district north of Arkansas river
and west of Grand river occupied by the so-called southern Cherokees,
as provided in Article IV. of this treaty.
ARTICLE IX. The Cherokee nation having, voluntarily, in February, Slavery, &e.
eighteen hundred and sixty-three, by an act of their national council, for- not to exist.
ever abolished slavery, hereby covenant and agree that never hereafter
shall either slavery or involuntary servitude exist in their nation otherwise
than in the punishment of crime, whereof the party shall have been duly
convicted, in accordance with laws applicable to all the members of said
tribe alike. They further agree that all freedmert who have been liberat- Freedmen.
ed by voluntary act of their former owners or by law, as well as all free
colored persons who were in the country at the commencement of the
rebellion, and are now residents therein, or who may return within six
months, and their ,descendants, shall have all the rights of native Chero-
kees: Provided, That owners of slaves so emancipated in the Cherokee No pay for
nation shall never receive any compensation or pay for the slaves so emancipated
emancipated. slaves.
ARTICLE X. Every Cherokee and freed person resident in the Chero- Farm products
kee nation shall have the right to sell any products of his farm, including may be sold, &C.
his or her live stock, or any merchandise or manufactured products, and
to ship and drive the same to market without restraint, paying any tax
thereon which is now or may be levied by the United States on the quan-
tity sold outside of the Indian territory.
ARTIcLE X1. The Cherokee nation hereby grant a right of way not Right of way
exceeding two hundred feet wide, except at stations, switches, water-sta- for railroads.
tions, or crossing of rivers, where more may be indispensable to the full
enjoyment of the franchise herein granted, and then only two hundred
addtional feet shall be taken, and only for -such length as may be abso-
lutely neqessary, through all their lands, to any company or corporation
which shall be duly authorized by Congress to construct a railroad from
any point north to any point south, and from any point east to any point
west of, and which may pass through, the Cherokee nation. Said coin-
VOL. XiV. 51

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802 TREATY WITH THE CHEROKEE INDIANS. JuLy 19, 1866.

pany or corporation, and their employds and laborers, while constructing


and repairing the same, and in operating said road or roads, including all
necessary agents on the line, at stations, switches, water-tank-, and all
others necesary to the successful operation of a railroad, shall be pro-
tected in the discharge of their duties, and at all times subject to the
Indian iptercour~e laws, now or which may hereafter be enacted and be
in force in the Cherokee nation.
General coun- ARTICLE X1I. The Cherokees agree that a general council, consisting
ol. o delegates elected by each nation or tribe lawfully residing within
the Indian territory, may be annually convened in said territory, which
council shall be organized in such manner and possess such powers as
hereinafter prescribed.
Census. First. After the ratification of this treaty, and as soon as may be
deemed practicable by the Secretary of the Interior, and prior to the first
session of said council, a census or enumeration of each tribe lawfully
resident in said territory shall be taken under the direction of the com-
missioner of Indian affairs, who for that purpose is hereby authorized to
designate and appoint competent persons, whose, compensation shall be
fixed by the Secretary of the Interior, and paid by the United States.
First geneal Second. The first general council shall consist of one member from
composed, each tribe, and an additional member for each one thousand Indians,
or each fraction of a thousand greater than five hundred, being members
of any tribe lawfully resident in said territory, and shall be selected
by said tribes respectively, who may assent to the establishment of said
general council; and if none should be thus formally selected by any
nation or tribe so assenting, the said nation or tribe shall be represented
in said general council by the chief or chiefs and headmen of said tribes,
to be taken in the order of their rank as recognized in tribal usage,
in the same number and proportion as above indicated. After the said
census shall have been taken and completed, the superintendent of Indian
affairs shall publish and declare to each tribe assenting to the establish-
ment of such council the number of members of such council to which
they shall be entitled under the provisions of this article, and the persons
Time and entitled to represent said tribes shall meet at such time and place as he
place of first
meeting. shall approve; but thereafter the time and place of the sessions of said
Sessionsnot tocouncil shall be determined by its action : Provided,That no session in
exceed 30 days. any one year shall *exceed the term of thirty days: And provided,
Special ses- That special sessions of said council may be called by the Secretary of
sions. the Interior whenever in his judgment the interest of said tribes shall
requfre such special session.
Powers of Third. Said general council shall have power to legislate upon matters
general council, pertaining to the intercourse and relations of the Indian tribea and nations
and colonies of freedmen resident in said territory; the arrest and extra-
dition of criminals and offenders escaping from one tribe to another, or
into any community of freedmen; the administration of justice between
members of different tribes of said territory and persons other than In-
dians and "m9mbers of said tribes or nations; and the common defence
and safety of the nations of said territory.
Laws, when to All laws enacted by such council shall take efect at such time as may
take effect. therein be provided, unless suspended by directioti of the President of the
United States. No law shall be enacted inconsistent with the Constitution
of the United States, or laws of Congress, or existing treaty stipulations with
the United States. Nor shall said council legislate upon matters other than
Legislative those above indicated : Provided,however, That the legislative power of
power may be
enlarged. such general council may be enlarged by the consent of the national coun-
cil of each nation or tribe assenting to its establishment, with the approval
of the President of the United States.
President of Fourth. Said council shall be presided over by such person as may be
council. designated by the Secretary of the Interior.

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TREATY WITH THE CHEROKEE INDIANS. JULY 19, 1866. 803

Fifth. The council shall elect a secretary, whose duty it shall be to Secretary of
keep an accurate record of all the proceedings of said council, and who moe
shall transmit a true copy of all such proceedings, duly certified by the
presiding officer of such council, to the Secretary of the Interior, and to
each tribe or nation represented in said council, immediately after the ses-
sions of said council shall terminate. He shall be paid out of the treas- Pay.
ury of the United States an annual salary of five hundred dollars.
Sixth. The members of said council shall be paid by the United States Pay of mem-
the sum of four dollars per diem during the term actually in attendance bers of eoncil
on the sessions of said council, and at the rate of four dollars for every
twenty miles necessarily travelled by them in going from and returning to
their homes, respectively, from said council, to be certified by the secretary
and president of the said council.
ARTICLE XIII. The Cherokees also agree that a court or courts may Courts.
be established by the United States in said territory, with such jurisdic-
tion and organized in such manner as may be prescribed by law: Pro-
vided, That the judicial tribunals of the nation shall be allowed to retain
exclusive jurisdiction in all civil and criminal cases arising within their
country in which members of the nation, by nativity or adoption, shall be
the only parties, or where the cause of action shall arise in the Cherokee
nation, except as otherwise provided in this treaty.
ATICLE XIV. The right to the use and occupancy of a• quantity- of sonary Landsorformis-
edup -
land not exceeding one hundred and sixty acres, to be selected according tinal purposes:-
to legal subdivisions in one body, and to include their improvements, and
not ineluding-Aie improvements of any member of the Cherokee nation,
is hereby granted to every society or denomination which has erected, or
which with the consent of the national council may hereafter erect, build-
ings within the Cherokee country for missionary or educational purposes.
But no land thus granted, nor buildings which have been or may be erect- not to be sold,
ed thereon, shall ever be sold or [o]therwise disposed of except with the except, &c.;
consent and approval of the Cherokee national council and of the Secre-
tary of the Interior. And whenever any such lands or buildings shall be proceeds of
sold or disposed of, the proceeds thereof shall be applied by said society "0
or ,ocieties for like purposes within said nation, subject to the approval of
the Secretary of the Interior.
ARTCLR XV. The United States may settle any civilized Indians, The United
friendly with the Cherokees and adjacent tribes, within the Cherokee States may set-
tie civilized
country, on unoccupied lands east of 960, on such terms as may be agreed Indians i the
upon by any such tribe and the Cherokees, subject to the apptoval of the Cherokee coun-
Piesident of the United States, which shall be consistent with the follow- try.
ing provisions, viz: Should any such tribe or band of Indians settling in
said country abandon their tribal organization, there being first paid into
the Cherokee national fund a sum of money which shall sustain the same
proportion to the then existing national fund that the number of Indians
sustain to the whole number of Cherokees then residing in the Cherokee
country, they shall be incorporated into and ever after remain a part of made How may be
part of
the Cherokee nation, on equal terms in every respect with native citizens. Cherokeenation.
And should any such tribe, thus settling in said country, decide to preserve Those wishing
their tribal organizations, and to maintain their tribal laws, customs, and topreservetrbal
usages, not inconsistent with the constitution and laws of the Cherokee have land set off
nation, they shall have a district of country set off for their use by metes to them;
and bounds equal to one hundred and sixty acres, if they should so decide,
for each man, woman, and child of said tribe, and shall pay for the same
into the national fund such price as may be agreed on by them and the
Cherokee nation, subject to the approval of the President of the United
States, and in cases of disagreement the price to be fixed by the President.
I And the said tribe thus settled shall also piy into the national fund a topaysuminto
sum of money, to be agreed on by the respective parties, not greater in national fund,
proportion to the whole existing national fund and the probable proceeds

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804 TREATY WITH THE CUEROKEE INDIANS. JULY 19, 1866.

of the lands herein ceded or authorized to be ceded or sold than their num-
bers bear to the whole umber of Cherokees then residing in said country,
and thence afterwards they shall enjoy all the rights of native Cherokees.
Limita of pia But no Indians who have no tribal organizations, or who shall determine
ee of settle- to abandon their tribal organizations, shall be permitted to settle east of
ment. the 96* of longitude without the consent of the Cherokee national coun-
cil, or of a delegation duly appointed by it, being first obtained. And no
Indians who have and determine to preserve their tribal organizations
shall be permitted to seitle, as herein provided, east of the 960 of longi-
tude without such consent being first obtained, unless the President of the
United States, after a full hearing of the objections offered by -aid council
or delegation to such settlement, shall determine that the objections are
insufficient, in which case he may authorize the settlement of such tribe
east of the 960 of lonaitude.
Where the ARTICLE XVL The United States may settle friendly Indians in any
United States °
may settle part of the Cherokee country west of 96 ,'to be taken in a compact form
friendly Indians. in quantity not exceeding one hundred and sixty acres for each member
of each of said tribes thus to be settled ; the boundaries of each of said
Lands, districts to be distinctly marked, and the land conveyed in fee simple to
each of said tribes to be held in common or by their members in severalty
as the United States may decide.
Said lands thus disposed of to be paid for to the Cherokee nation at
such price as may be agreed on between the said parties in interest, sub-
ject to the approval of the President; and if they should not agree, then
the price to be fixed by the President.
Possession and The Cherokee nation to retain the right of possession of and jurisdiction
jurisdictipn over °
such lands. over all of said country west of 96 of longitude until thus sold and occu-
pied, after. which their jurisdiction and right of possession to terminate for-
ever as to each of said districts thus sold and occupied.
Cession of ARTICLE XVII. The Cherokee n~tion hereby cedes, in trust to the
lands to the Uni-
ted States in United States, the tract of land in the, State of Kansas which was sold to
trust. the Cherokees by the United States, tnder the provisions of the second
article of the treaty of 1835; and also that strip of the land ceded to the
nation by the fourth article of said treaty which is included in the State
of Kansas, and the Cherokees consent that said lands may be included in
the limits and jurisdiction of the said State.
'fie lands herein ceded shall be surveyed as the publir lands of the
Lands to be United States are surveyed, under th direction of the commissioner of
surveyed and
appraised; the general land office, and shall be appraised by two disinterested per-
sons, one to be designated by the Cherokee national council and one by
the Secretary of the Interior, and, in case of disagreement, by a third per-
son, to be mutually selected by the aforesaid appraisers. The appraise-
ment to be not less than an average of one dollar and a quarter per acre,
exclusive of improvements.
And the Secretary of the Interior shall from time to time, as such sur-
maybe sold to veys and appraisements are approved by him, after due advertisements
highest bidder. for sealed bids, sell such lands to the highest bidders for cash in parcels
not exceeding one hundred and sixty acres, and at not less than the ap-
Improvements. praised value: Provided, That whenever there are improvements of the
value of fifty dollars made on the lands not being mineral, and owned and
personalljoccupied by any person for agricultural purposes at the date of
the signing hereof, such person so owning, and in person residing on such
improvements, shall, after due proof, made under such regulations as the
Secretary of the Interior may prescribe, be entitled to buy, at the apprais-
ed value, the smallest quantity of land in legal subdivisions which Viill in-
clude his improvements, not exceeding in the aggregate 6ne hundred and
sixty acres; the expenses of survey and appraisement to be paid by the
Proviso. Secretary out of the proceeds of sale of said land: Provided, That nothing
in his article shall prevent the Secretary of the Interior from selling the

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TREATY WITH THE CHEROKEE INDIANS. JuLy 19, 1866. 805

whole of said neutral lands in a body to any responsible party, for cash, Amendment.
for a sum not less than eight hundred thousand dollars. Pos; p.801.
ARTICLE XVIII. That any lands owned by the Cherokees in the State
Sales by Clier-
of Arkansas and in States east of the Mississippi may be sold by the Cher- okees of lauda n
okee nation in such manner as their national council may prescribe, all Arkansas.
such sales being first approved by the Secretary of the Interior.
ARTICLE XIX. All Cherokees being heads of families residing at the Heads of fain-
date of the ratification of this treaty on any of the lands herein ceded, or
authorized to be sold, and desiring to remove to the reserved country,
shall be paid by the purchasers of said lands the value of such improve-
ments, to be ascertained and appraised by the commissioners who appraise
the lands, subject to the approval of the Secretary of the Interior; and if
he shall elect to remain on the land now occupied by him, shall be entitled
to receive a patent from the United States in fee simple for three hundred
and twenty acres of land to include his improvements, and thereupon he
and his family shall cease to be members of the nation.
ARTICLE XX. Whenever the Cherokee national coincil shall request toLands reserved
be surveyed
it, the Secretary of the Interior shall cause the country reserved tbr the and allotted.
Cherokees to be surveyed and allotted among them, at the expense of the
United States.
ARTICLE XX1. It being difficult to learn the precise boundary line be- to Boundary
be ran andline
tween the Cherokee country and the States of Arkansas, Missouri, and marked.
Kansas, it is agreed that the United States shall, at its own expense, cause
the same to be run as f'ar west as the Arkansas, and marked by perma-
nent and conspicuous monuments, by two commisbioners, one of whom shall
be designated by the Cherokee national council.
ARTICLE XXIL The Cherokee national council, or any duly appointed Agent of
delegation thereof, shall have the privilege to appoint an agent to examine Cherokees to ex-
amine acecounts,
the accounts of the nation with the government of the United States at books, &co.
such time as they may see proper, and to continue or disclarge such
agent, and to appoint another, as may be thought best by such council or
delegation ; and such agent shall have free access to all accounts and
books in the executive departments relating to the business of said Cher-
okee nation, and an opportunity to examine the same in the presence of
the officer having such books and papers in charge.
ARTICLE XXIII. All funds now due the nation, or that may hereafter Funds, how to
accrue from the sale of their lands by the United States as hereinbefore be invested.
provided for, shall be invested in United States registered stocks at their
current value, and the interest on all said funds shall be paid semi-annu- Interest, how
ally on the order of the Cherokee nation, and shall be applied to the fol- to be paid.
lowing purposes, to wit: Thirty-five per cent shall be applied for the sup-
port of the common schools of the nation and educational purposes ; fifteen
per cent for the orphan fund, and fifty per cent for general purposes, in-
cluding reasonable salaries of district officers ; and the Secretary of the
Interior, with the approval of the President of the United States, may pay I
out of the funds due the nation, on the order of the national council or a
delegation duly authorized by it, such amount as he may deem necessary
to meet outstanding obligations of the Cherokee nation, caused by the sus-
pension of the payment of their annuities, not to 6xceed.-the sum of one
hundred and fifty thousand dollars.
ARTICLE XXIV. As a slight testimony for the useful and arduous Pavment to
services of the Rev. Evan Jones, for forty years a missionary in the Rev.EvanJones.
Cherokee nation, now a cripple, old and po.or, it is agreed that the sum of
three thousand dollars be paid to him, under the direction of the Secretary
of the Interior, out of any Cherokee fund in or to come into his hands
not otherwise appropriated.
ARTICLE XXV, A large number of the Cherokees who served in the
army of the United States having died, leaving no heirs entitled to receive arrears
Bounties and
for servi-
hounties and arrears of pay on account of such service, it is agreed that-,es as Indian

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806 TREATY WITH THE CHEROKEE INDIANS. JULY 19, 1866.
volunteers, how all bounties and arrears for service in the regiments of Indian United
to be paid. States volunteers which shall remain unclaimed by any person legally en.
titled to receive the same for two years from the ratification of this treaty,
shall be paid as the national council may direct, to be applied to the
foundation and support of an asylum for the education of orphan children,
which asylum shall be under the control of the national council, or of
such benevolent society as said council may designate, subject to the ap-
proval of the Secretary of the ]nterior.
Possession and ARTICLE XXVI. The United States guarantee to the people of the
protection guar- Cherokee nation the quiet and peaceable possession of their country and
anties.
protection against domestic feuds and insurrections and against hostilities
of other tribes. They shall also be protected against inter[r]uptions or
intrusion from all unauthorized citizens of the United States who may
attempt to settle on their lands or reside in their territory. In case of
hostilities among the Indian tribes, the United States agree that the party
or parties commencing the same shall, so far as practicable, make repara-
tion for the damages done.
in Military
Cherokeeposts
na- ARTICLE XXVII. The United States shall have the right to establish
tion. one or more military posts or stations in the Cherokee nation, as may be
deemed necessary for the proper protection of the citizens of the United
States lawfully residing therein and the Cherokees and other citizens of
bpirituous,&e. the Indian country. But no sutler or other person connected therewith,
liquors forbid- either in or out of the military organization, shall be permitted to intro-
den, except, &o.duce any spirit[u]ous, vinous, or malt liquors into the Cherokee nation,
except the medical department proper, and by them only for strictly med-
Certain per- ical purposes. And all persons not in the military service of the United
aons prohibited States, not citizens of the Cbeiokee nation, are to be prohibited from
from coming
into the nation. coming into the Cherokee nation, or remaining in the same, except as
herein otherwise provided; and it is the duty of the United States Indian
agent for the Cherokees to have such persons, not lawfully residing or
sojourning therein, removed from the nation, as they now are, or here-
after may be, required by the Indian intercourse laws of the United
States.
Pavment for ARIICLE XXVIIL The United States hereby agree to pay for pro-
certain provi- visions and clothing furnished the army under Appotholehala in the win-
ina,- ter of 1861 and 1862, not to exceed the sum of ten thousand dollars, the
tihing, accounts to be ascertained and settled by the Secretary of the Interior.
Expenses of ARTICLE XXIX. The sum of ten thousand [dollars,] or so much
Cherokee dole- thereof as may be necessary to pay the expenses of the delegates and
gations. riprPsentatives of the Cherokees invited by the government to visit
Amendment. Washington for the purposes of making this treaty, shall be paid by the
Post, p. s0. United States on the ratification of this treaty.
Payment of ARTICLE XXX. The United States agree to pay to the proper claim-
cer;ain losses ants all losses of property by missionaries or missionary societies, result-
by missionaries, in- from their being ordered or driven from the country by United States
agent, and from their property being taken and occupied or destroyed by
by United States troops, not exceeding in the aggregate twenty thousand
dollars, to be ascertained by the Secretary of the Interior.
Inconsistent ARTICIM XXXI. All provisions of treaties, heretofore ratified and in
treaty provisions force, and not inconsistent with the proviiions of' this treaty, are hereby
aunulled. reaffirmed and declared to be in full force ;' and nothing herein shall be
construed as an acknowledgment by the United States, or as a relinquish-
ment by the Cherokee nation of any claims or demands uder the guar-
anties of former treaties, except as herein expressly provided.
Execution. In testimony whereof, the said commissioners on the part of the United
States, and the said delegation on the part of the Cherokee nation, have
hereunto set their hands and seals, at the city of Wgshingtbn, this ninth
[nineteenth] day of July, A. D. one thousand eight hundred and sixty-
six.

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TREATY WITH THE CHEROKEE INDIANS. - 1iny 19, 1866. 807

D. N. COOLEY, Com'r Ind. Affairs.


ELIJAH SELLS, Sup't Ind. Affs.
SMITH CHRISTIE,
WHITE CATCHER,
JAMES McDANEL,
S. H. BENGE,
DANL. H. ROSS,
J. B. JONES.
Delegatesof the Cherokee Nation, aTppointed by Resolution
of the National Council.
Inpresence of-
W. H. WATSON,
J. W. WRIGHT.

Signatures witnessed by the following-named persons, the following in-


terlineations being made before signing: On page 1st the word "the" in-
terlined, on page 11 the word "the" struck out, and to said page 11 a
sheet attached requiring publication of laws; and on page 34th the word
"ceded" struck out and the words "neutral lands" inserted. Page 471
added relating to expenses of treaty.
THOMAS EWING, JR.,
WM. A. PHILLIPS,
J. W. WRIGHT.

And whereas, the said treaty having been submitted to the Senate of Eatification
the United States for its constitutional action thereon, the Senate did, on with amend-
and sixty-six, monte.
the twenty-seventh day of July, one thousand eight hundred
advise and consent to the ratification of the same, with amendments, by a
resolution in the words and figures following, to wit: -

Ja EXECUTIVE SESSION, SENATE OF THE UNITED STATES,


July 27, 1866.
Resolved, (two thirds of the senators present concurring,) That the
Senate advise and consent to the ratification of the articles of agreement
and convention made at the city of Washington, on tile nineteenth day of
July, in the year of our Lord one thousand eight hundred and sixty-six,
between the United States and the Cherokee nation of Indians, with the
following
.AMENDMENTS:
1st. Insert at the end of Article II. the following: - Arae, p. 799
But the Cherokee nation stipulate and agree to deliver up to the.United
States, or their duly authorized agent, any or all public property, particu-
larly ordnance, ordnance stores, arms of all kinds, and quartermasters'
stores, in their possession or control, which belonged to the United States
or the so-called confederate states, without any reservation.
2d. Strike out the last proviso in Article XVIL and insert in lieu Ante, p. 505.
thereof the following: -
Provided, That nothing in this article shall prevent the Secretary of
the Interior from selling the whole of said lands not occupied by actual
settlers at the date of the ratification of this treaty, not exceeding one
hundred and sixty acres to each person entitled to pre-emption under the
pre-emption laws of the United States, in a body, to any responsible
party, for cash, for a sum not less than one dollar per acre.
3d. Insert at the end of Article XXIX. the following: - Ante, p. 806.
And the Secretary of the Interior shall also be authorized to pay the
reasonable costs and expenses of the delegates of the southern Chero-
kees.

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808 TREATY WITH THE CHEROKEE INDIANS. JuLY 19, 1866

The moneys to be paid under this article shall be paid out of the pro-
ceeds of the sales of the national lands in Kansas.
Attest: J. W. FORNEY, Secretary.

Amendments And whereas the foregoing amendments having been fully explained
asented to. and interpreted to the aforenamed delegates of the Cherokee nation, they
did, on the thirty-first day of July, one thousand eight hundred and sixty-
six, give, on behalf of said nation, their free and voluntary assent to said
amendments, in the words and figures following, to wit: -

Whereas the Senate of the United States did, on the twenty-seventh


day of July, eighteen hundred and sixty-six, advise and consent to the
ratification of the articles of agreement and convention, made at the city
of Washington, on the nineteenth day of July, in the year of our Lord
one thousand eight hundred and sixty-six, between the United States and
the Cherokee nation of Indians, with the following

AMENDMENTS, to wit: -

lst. Insert at the end of Article IL the following:-


But the Cherokee nation stipulate and agree to deliver up to the
United States, or their duly authorized agent, any or all public property,
particularly ordnance, ordnance stores, arms of all kinds, and quarter-
masters' stores, in their possession or control, which belonged to the United
States or the so-called confederate states, without any reservation.
3d. Strike out the last proviso in Article XVII. and insert in lieu
thereof the following: -
Provided,That nothing in this article shall prevent the Secretary of
the Interior from selling the whole of said lands not occupied by actual
settlers at the date of the ratification of this treaty, not exceeding one
hundred and sixty acres to each person entitled to pre-emption under, the
pre-emption laws of the United States, in a body, to any responsible
party, for cash, for a sum not less than one dollar per acre.
3d. Insert at the end of Article XXIX. the following: -
And the Secretary of the Interior shall also be authorized to pay the
reasonable costs and expenses of the delegates of the southern Chero-
kees.
The moneys to be paid under this article shall be paid out of the pro-
ceeds of the sales of the national lands in Kansas.

Now, therefore, we, the delega-s on the part of the said 'Cherokee na-
tion, do hereby assent and agree to the said amendments above written,
the same having been explained to us and being fully understood by us.
Witness our hands and seals, this thirty-first day of July, A. D. eigh
ten hundred and sixty-six, at Washington, D. C.
SMITH CHRISTIE. [SEAL.]
WHITE CATCHER. [SEAL.]
JAMES McDANIEL. [SEAL.]
S. H. BENGE. [sEALL.
DANL. It. ROSS. EsMAI.n.]
J. B. JONES.
In presence of-

D. N. COOLEY, Com'r Ind. Affd rs.


J. HARLAN, U. S. Ind. Agent.
CHARLES E. MIX,
J. W. WRIGHT,
W. R. IRWIN.

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TREATY WITH THE CHEROKEE INDIANS. JuLy 19, 1866. 809

Now, therefore, be it known that I, AxmnEw JOHNSON, President of Proclaimea.


the United States of America, do, in pursuance of the advice and con-
sent of the Senate, as expressed in its resolution of the twenty-seventh
of July, one thousand eigbt hundred and sixty-six, accept, ratify, and
confirm the said treaty with the amendments as aforesaid.
In testimony whereof I have signed my name hereto, and have caused
the seal of the United States to be affixed.
Done at the city of Washington, this eleventh day of August,
in the year of our Lord one thousand eight hundred atd
[SEAL.] sixty-six and of the Independence of the United States of
America the ninety-first.
ANDREW JOHNSON.
By the President:
HENRY STANBERY, Acting &cretary of &ate.

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HeinOnline -- 14 Stat. 810 1863-1867
APPENDIX.

No. 1.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA: April 2,1866.

A PROCLAMATION.
WHEREAS, by proclamations of the fifteenth and nineteenth of April, one Preamble.
thousand eight hundred and sixty-one, the President of the United States, in Vol Xi. p. 125.
virtue of the power vested in him by the Constitution and the laws, declared
that the laws of the United States were opposed, and the execution thereof ob-
structed, in the States of South Carolina, Georgia, Alabama, Florida, Missis-
sipi, Louisiana, and Texas, by combinations too powerful to be suppressed by
the ordinary course ofjudicial proceedings, or by the powers vested in the mar-
shals by law;
And whereas, by another proclamation, made on the sixteenth day of August, Vol. xil. p. 1262
in the same year, in pursuanen of an act of Congress approved July thirteen, 181,ch. 8, 25.
one thousand eight hundred and sixty-one, the inhabitants of the States of Vol. xii. p. 257.
Georgia, South Carolina, Virginia, North Carolina, Tennessee, Alabama, Lou-
isiana, Texas, Arkansas, Mississippi, and Florida (except the inhabitants of
that part of the State of Virginia lying west of the Alleghany Mountains, and
of such other parts of that State and the other States before named, as might
maintain a loyal adhesion to the Union and the Constitution, 01: might be from
time to time occupied and controlled by forces of the United States engaged
in the dispersion of insurgents) were declared to be in a state of insurrection
against the United States;
And whereas, by another proclamation, of the first day of July, one thou- Vol. xii. p. 1266.
sand eight hundred and sixty-two, issued in pursuance of an act of Congress
approved June seven, in the same year, the insurrection was declared to be
still existing in the States aforesaid, with the exception of certain specified
counties in the State of Virginia;
And whereas, by another proclamation, made on the second day of April, Vol. xiii. p. 780.
one thousand eight hundred and sixty-three, in pursuance of the act of Con- 1861, c.- 8, § 6
gress of July thirteen, one thousand eight hundred and sixty-one, the excep- Vol. x. p. 25Z.
tions named in the proclamation of August sixteen, one thousand eight hundred
and sixty-one were revoked, and the inhabitants of the States of Georgia,
South Carolina, North Carolina, Tennessee, Alabama, Louisiana, Teias, Ar-
kansas, Mississippi, Florida, and Virginia (except the forty-eight counties of Vir-
ginia designated as West Virginia, and the ports of New Orleans, Key West,
Port Royal, and Beaufort, in North Carolina) were declared to be still in a
state of insurrection against the United States;
And whereas the House of Representatives, on the twenty-second day of
July, one thousand eight hundred and sixty-one, adopted a resolution in the
words following, namely:-
"Resolved by the House of Representatives of the Congress of the United
States, That the present deplorable civil war has been forced upon the
country by the disunionists of the southern States, now in revolt against the
Constitutional government, and in arms around the capital; that in this na-
tional emergency, Congress, banishing all feelings of mere passion or resent-
ment, will recollect only its duty to the whole country; that this war is nol-
waged upon our part in any spirit of oppression nor for any purpose of con-
quest or subjugation, nor purpose of overthrowing or interfering with the rights
or estabhshed institutions of those States, but to defend and maintain the
supremacy of the Constitution, and to preserve the Union with all the dignity,
equality, and rights of the several States unimpaired; and that as soon as these
objects are accomplished the war ought to cease"

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APPENDIX

Preamble. And whereas the Senate of the United States, on the twenty-fifth day of
July, one thousand eight hundred and sixty-one, adopted a resolution in the
words following, to wit:-
"tResolved,
that the present deplorable civil war has been forced upon the
country by the disunionists of the Southern States, now in revolt against the
Constitutional government, and in arms around the capital; that in this na.
tional emergency, Congress, banishing all feeling of mere passion or resentment,
will recullect only its duty to the whole country; that this war is not prosecuted
upon our part in any spirit of oppression nor for any, purpose of conquest or sub-
jugation, nor purpose of overthrowing or interfering with the rights or estab-
lished institutions of those States, but to defend and maintain the supremacy of
the Constitution and all laws made in pursuance thereof, and to preserve the
Union with all the dignity, equality, and rights of the several States unim-
paired; that as soon as these objects are accomplished the war ought to cease."
And whereas these resolutions, though not joint or concurrent in form, are
substantially identical, and as such may be regarded as having expressed the
sense of Congress upon the subject to which they relate; t
Vol. xiii. p. 763. And whereas, by my proclamation of the thirteenth day of une last, the in-
surrection in the State of Tennessee was declared to have been suppressed, the
authority of the United States therein to be undisputed, and such United States
officers as had been duly commissioned to be in the undisturbed exercise of
their offie functions;
organ
nothe
exists of edprmed resistance of misguided
citizens to thenow
or othersthere
And whereas authority nited States in the States of Georgia,
South Carolina, Virginia, North Carolina, Tennessee, Alabama, Louisiana, Ar-
kansas, Mississippi, and Florida, and the laws can be sustained and enforced
therein by the proper civil authority, State or Federal, and the people of said
States are well and loyally disposed, and have conformed or will conform in their
legislation to the condition of affairs growing out of the amendment to the Con-
stitution of the United States, prohibiting slavery within the liunts and jurisdic-
taon of the United States;
And whereas, in view of the before-recited premises, it is the manifest deter-
mination of the American people that no State, of its own will, has the right or
the power to go out of, or separate itself from. or be separated from the Ameri-
can Union, and that therefore each State ought to remain and constitute an in-

And whras tepoloftesvrlbefore-ntioned 'States have, in the


manner aforesaid, given aatisfactory evidence that they acquiesc in this sove-
reign and important resolution of national unity ;
And whereas it is believed to be a fundamental principle of government that
people who have revolted, and who have been overcome and subdued, must
either be dealt with so as to induce them voluntarly to become friends, or else
they must be held by absolute military power, or devastated, so as to prevent
them from ever again doing harm as enemies, which last-named policy is abhor-
rent to humanity and to freedom;
And whereas the Constitution of the United States provides for constitu-
ent communities only as States, and not as Territories, dependencies, provinces,
or protectorates;
And whereas such constituent States must necessarily be, and by the Consti-
tution and laws of the United States are made equals, and placed upon a like
footing as to political rights, immunities, dignity, and power with the several
States with which they are united ;
And whereas the observance of political equality as a principle of right and
justice is well calculated to encourage the people of the aforesaid States to be and
become more and more constant and persevering in their renewed allegiance;
And whereas standing armies, military occupation, martial law, military tri-
bunals, and the suspension of the privilege of the writ of habeas corpus are, in
time of peace, dangerous to public liberty, incompatible with the individual
rights of the citizen, contrary to the genius and spirit of our. free institutions,
and exhaustive of the national resources, and ought not, therefore, to be sanc-
tioned or allowed, except in cases of actual necessity, for repelling isivasion or
suppressing insurrection or rebellion ;
And whereas the policy of the government of the United States, from the be-
ginning of the insurrection to its overthrow and final suppression, has been in
conformity with the principles herein set forth and enumerated;
Now, theretore, I, ARDgEw JoHwsoN, president of the United States, do
hereby proclaim and declare that the insurrection which heretofore existed in

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APPENDIX bib

the States of Georgia, South Carolina, Virginia, North Carolina, Tennessee, The insurrec-
Alabama, Louisiana, Arkansas, Mississippi, and Florida is at an end, and is tion declared at
an end in certain
henceforth to be so regarded. States Of the
In testimony whereof, I have hereunto set my hand and caused the seal of Union.
the United States to be affixed.
Done at the city of Washington, this second day of April, in the year
[SEA.] of our Lord one thousand eight hundred and sixty-six, and of the
Independence of the United States of America the ninetieth.
ANDREW JOHNSON.
By the President:
WILLIAM H. SEWARD,
Secretary of State.

No. 2.

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA: June 6,1866.

A PROCLAMATION.
WHEREAS it has become known to me that certain evil-disposed persons have, Preamble.
within the territory and jurisdiction of the United States, begun and set on foot
and have provided and prepared and are still engaged in providing and prepar-
ing means for a mlitary expedition and enterprise, which expedition and en-
terprise is to be carried on from-the territory and jurisdiction of the United
States against colonies, districts and people of British North America within
the dominions of the United Kingdom of Great Britain and Ireland, with which
said colonies, districts and people and Kingdom the United States are at peace
And whereas the proceedings aforesaid constitute a high misdemeanor, foi5-
bidden by the laws of the United States as well as by the law of nations:
Now, therefore, for the purpose of preventing the carrying on of the unlawful All citizens
expedition and enterprise aforesaid from the territory and jurisZliction of the warned against
United States and to maintain the public peacep, as well as the national honor, violating ne-
and enforce obedience and respect to the laws of the United States, I, ANDREW
JOHNSON, President of the United States, do admonish and warn all good citi-
zens of the United States against taking part in or in anywise aiding, countenan-
cing or abetting said unlawful proceedings; and I do exhort all judges, magis-
trates, marshals and officers in the service of the United States to employ all
their lawful authority and power to prevent and defeat the aforesaid unlawful
proceedings, and to arrest and bring to justice all persons who may be engaged
therein.
And pursuant to the act of Congress in such case made and provided, I do Major-Genera
furthermore authorize and empower Major-General George G. Meade, Coin- Meade author-
mander of the Military Division of the Atlantic, to employ the land and naval army ,zedtoand
employ
navy
forces of the United States and the militia thereof, to arrest and prevent the and militia to
setting on foot and carrying on the expedition and enterprise aforesaid. prevent the
In testimony whereof I have hereunto set my hand and caused the seal of the carrying on the
United States to be affixed. enterprise.
Done at the city of Washington, this sixth day of June, in the year of
[SEAL ] our Lord one thousand eight hundred and sixty-six and of the In-
dependence of the United States the ninetieth.
ANDREW JOHNSON.
By the President:
WILLIAM L SEWARD, Secretary of State.

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APPENDIX.

No. 3.

August I1,1866. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA:

A PROCLAMATION.
Preamble. WfrEREAS a war is existing in the Republic of Mexico, aggravated by for-
eign military intervention;
And whereas the United States, in accordance with their settled habits and
policy, are a neutral power in regard +o the war which thus afflicts the Republic
of Mexico;
And whereas it has become known that one of the belligerents in the said
war, namely, the Prince Maximilian, who asserts himself to be Emperor in
Mexico, has issued a decree in regard to the port of Matamoras, and other Mex-
ican ports which are in the occupation and possession of another of the said
belligerents, namely, the United States of Mexico, which decree is in the fol-
lowing words : -
"The port of Matamoras, and all those of the northern frontier which have
withdrawn from their obedience to the government, are closed to foreign and
coasting traffic during such time as the empire of the law shall not be therein
reinstated.
" ART. 2d. Merchandise proceeding from the said ports, on arriving at any
other where the excise of the Empire is collected, shall pay the duties on im-
portation, introduction, and consumption; and on satisfactory proof of contra-
vention shall be irremissibly confiscated. Our Minister of the Treasury is
charred with the punctual execution of this decree.
" hiven at Mexico, the 9th of July, 1866."
And whereas the decree thus recited, by declaring a belligerent blockade un-
supported by competent military or naval force, is in violation of the neutral
rights of the United States, as defined by the law of nations, as well as of the
treaties existing between the United States of America and the aforesaid Unit-
ed States of Mexico:
Decree of Now, therefore, I, ANDREW JoHNsoN, President of the United States, do
blockade of hereby proclaim and declare, that the aforesaid decree is held, and will be held,
Matmoras
other Mexicanand by the United States to be absolutely null and void, as against the government
ports declared and citizens of the United States; and that any attempt which shall be made
null and void. to enforce the same against the government or the citizens of the United States
will be disallowed.
In witness whereof I have hereunto set my hand and caused the seal of the
United States to be affixed.
Done at the city of Washington the seventeenth day of August, in the
year of our Lord one thousand eight hundred and sixty-six, and
[SEAL.] of the Independence of the United States of America the ninety-
first.
ANDREW JOHNSON.
By the President:
WILLIAM H. SEWARD, Secretary of State.

No. &L

August 20,1866. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA:

A PROCLAMATION.
Preamble. WHIEREAs, by proclamations of the fifteenth and nineteenth of April, eigh-
teen hundred and sixty-one, the President of the United States, in virtue of
Vol. xn.p. 1258. the power vested in him by the Constitation and the Laws, declared that the
laws of the United States were opposed, and the execution thereof obstructed,
in the States of South Carolina, Georgia, Alabama, Florida, Mississippi, Louis.
iana, and Texas, by combinations too powerful to be suppressed by the ordi-
nary course of judicial proceedings, or by the powers vested in the marshals by
law;

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APPENDIX.
And whereas, by another proclamation, made on the sixteenth day of An- Vol. xi. p. 1262.
gqst, in the same year, in pursuance of an act of Congress approved July tflir- 1861, oh. 8, J 6.
p. 2 7.
teen, one thousand eight hundred and sixty-one, the inhabitants of the Sttes Vol. xil.
of Georgia, South Carolina, Virginia, North Carolina, Tennessee, Alabama,
Louisiana, Texas, Arkansas, Mississippi, and Florida, (except the inhabitants
of that part of the State of Virginia lying west of the Alleghany Mountains,
and except also the inhabitants of such other parts of that State, and the other
States before named, as might maintain a loyal adhesion to the Union and the
Constitution, or might be from time to time occupied and controlled by forces
of the United States engaged in the dispersion of insurgents,) were declared to
be in a state of insurrection against the United States;
And whereas, by another proclamation, of the first day of July, one thousand Vol. xii. p. 1266.
eight hundred and sixty-two, issued in pursuance of an act of Congress, ap- 1862, oh. 98, 2.
proved June seventh, in the same year, the insurrection was declared to be still Vol. x. p. 422.
existing in the States aforesaid, with the exception of certain specified counties
in the State of Virginia;
And whereas, by another proclamation, made on the second day of April, Vol. xiii. p. 780
one thousand eight hundred and sixty-three, in pursuance of the act of Con- 1861, ch. 8, § 5.
grass of July thirteen, one thousand eight hundred and sixty-one, the exceptions Vol. xii. p. 2 7
named in the proclamation of August sixteen, one thousand eight hundred and
sixty-one, were revoked, and the inhabitants of the States of Georgia, South
Carolina, North Carohna, Tennessee, Alabama, Louisiana, Texas, Arkansas,
Mississippi, Florida, and Virginia (except the forty-eight counties of Virginia
designated as West Virginia, and the ports of New Orleans, Key West, Port
Royal, and Beaufort, in North Carolina) were declared to be still in a state of
insurrection against the United States;
And whereas, by another proclamation of the fifteenth da7 of September, one Vol. xiii. p. 784.
thousand eight hundred and sixty-three, made in pursuance of the act of Con- 1868, oh. 81.765.
gress approved March third, one thousand eight hundred and sixty-three, the Vol. xi. p.
rebellion was declared to be still existing, and the privilege of the writ of habeas
corpus was in certain specified cases suspended throughout the United States -
said suspension to continue throughout the duration of the rebellion, or until
said proclamation should, by a subsequent one to be issued by the President of
the United States, be modified or revoked;
And whereas the House of Representatives, on the twenty-second day of
July, one thousand eight hundred and sixty-one, adopted a resolution in the
words following, namely: -
"Resolved by the House of Representatives of the Congress of the United
States, That the present deplorable civil war has been forced upon the country
by the disunionists of the southern States, now in revolt against the Constitu-
tional government, and in arms around the capital; that in this national emer-
gency, Congress, banishing all feelings of mere passion or resentment, will re-
collect only its duty to the whole country; that this war is not waged upon our
part in any spirit of oppression nor for any purpose of conquest or subjugation,
nor purpose of overthrowing or interfering with the rights or established insti-
tutions of those States, but to defend and maintain the supremacy of the Con-
stitution, and to preserve the Union with all the dignity, equality, and rights of
the several States unimpaired; and that as soon as these objects aid accom-
plished the war ought to cease."
And whereas, the Senate of the United States, on the twenty-fifth day of
July, one thousand eight hundred and sixty-one, adopted a resolution in the
words following, to wit : -
"Resoled, That the present deplorable civil war has been forced upon the
country by the disunionists of the southern States, now in revolt against the
Constitutmnal government, and in arms around the capital; that in this na-
tional emergency, Congress, banishing all feeling of mere passion or resentment,
will recollect only its duty to the whole country; that this war is not prosecuted
upon our part in any spirit of oppression, nor for any purpose of conquest or
subjugation, nor purpose of overthrowing or interfering with the rights or es-
tablished institutions of those States, but to defend and maintain the supremacy
of the Constitution and all laws made in pursuance thereof, and to preserve the
Union with all the dignity, equality, and rights of the several States unimpaired;
that as-soon as these objects are accomplished the war ought to cease."
And whereas these resolutions, though not joint or concurrent in form, are
substantially identical, and as such have hitherto been and yet are regarded as
having expressed the sense of Congress upon the subject to which they relate;
And whereas, the President of the Umted States by proclamation of the Vol. pii.703
p.

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816 APPENDIX,
Preamble. thirteenth of June, eighteen hundred and sixty-five, declared that the insurrec.
tion in the State of Tennessee had been suppressed, and that the authority of
the United States therein was undisputed, and that such United States officers
as had been duly commissioned were in the undisturbed exercise of their offi-
cial functions;
Ante, p. 811. And whereas, the President of the United States, by further proclamation is-
sued on the second day of April, one thousand eight hundred and sixty-six, did
promulgate and declare, that there no longer existed any armed resistance of
misguided citizens, or others, to the authority of the United States in any, or
in all the States before mentioned, excepting only the State of Texas, and did
further promulgate and declare that the laws could be sustained and enforced
in the several States before mentioned, except Texas, by the proper civil au-
thorities, State, or Federal, and that the people of the said States, except Tex-
as, are well and loyally disposed, and have conformed or will conform in their
legislation to the condition of affairs growing out of the amendment to the Con-
stituton of the United States, prohibiting slavery within the limits and juris-
diction of the United States;
And did further declare in the same proclamation that it is the manifest de-
termination of the Americau people that no State, ofits own will, has a right or
power to go out of or separate itself from, or be separated from the American
Union; and that, therefore, each State ought to remain and constitute an inte-
gral part of the United States;
And did further declare in the same last-mentioned proclamation, that the
several aforementioned States, excepting Texas, had, in the manner aforesaid,
given satisfactory evidence that they acquiesce in this sovereign and important
resolution of national unity;
And whereas, the President of the United States in the same proclamation
did further declare that it is believed to be a fundamental principle of govern-
ment that the people who have revolted, and who have been overcome and sub.
dued, must either be dealt with so as to induce them voluntarily to become
friends, or else they must be held by absolute military power, or devastated, so
as to prevent them from ever again doing harm as enemies, which last-named
policy
And iswhereas,
abhorrenttheto President
humanity did andinto the
freedom;
same proclamation further declare,
that the Constitution of the United States provides for constituent communities
only as States, and not as Territories, dependencies, provinces or protectorates;
And further, that such constituent States must necessarily be, and by the
footing asand
Constitution
like to laws of the
political United
rights, States are
immunities, madeand
dignity equals,
power andwith the upon
placed severala
States with which they are united ;
Andof did
ciple rightfurther declare,
and justice thatcalculated
is well the observance of political equality s a prin-
to encourage the people of the before-
named States, except Texas, to he, and to become more and more constant and
persevering i their renewed allegiance
And *hereas, the President did further declare that standing armies, military
occupation, martial law, military tribunals, and the suspenson of the writ of
habeas corpus are, in time of peace, dangerous to public liberty, incompatible
with the idividual rights of the citizen, contrary the genius and spirit of our
free institutions, and exhaustive of the national resources, and ought not, there-
fore, to be sanctioned, or allowed, except in cases of actual necessity, for repel-
l ing
nvasion or suppressing insurrection or rebellion p
And the President did further in the same proclamation declare that the
policy of the government of the United States from the beginping of the insur-
rection ,to its overthrow and final suppressin, had been conducted m conformity
with the principles in the last-named proclamation recited;
Error for April And whereas, the President in the said proclamation of the thirteenth of June,
2, 1566 See hone thousand eight hundred and sixty-five, upon the grounds thereti stated and
Pieiident's hereinbefore recited, did then and thereby proclaim and declare that the insur-
Proclamation
Oct 7, 187. of rectin which heretofore existed in the several States before nuamed, except i-
Vol xv
Appendix. "exas.
Aon was at ansubsequently
whereas, end, and was tohenceforth
the sai to be so day
second regarded ;
of April, one thousand
I oclamation eight hundred and sixty-six, the insurrection in the State of Texas has been
No. 2. completely and everywhere suppressed and ended, and the authority of the
United oSates has been successfully and completely establshed in the said State
of T~exas,
proper and now
nited Statesremains
officerstherein
as haveunresisted
been dulyand undisputed, within
commissined and suchthe of the
limits
of the said Stateare now in the undisturbed exercise of their official functions

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APPENDIX 81

And whereas, the laws can now be sustained and enforced in the said State Preamble.
of Texas, by the proper civil authority, State or Federal, and the people of the
said State of Texas, like the people of the other States before named, are well
and loyally disposed, and have conformed or will conform in their legislation to
the condition of affairs growing out of the amendment of the Constitution of the
United States, prohibiting slavery within the limits and jurisdiction of the
United States;
And whereas all the reasons and conclusions set forth in regard to the several
States therein specially named now apply equal17 and in all respects to the
State of Texas, as well as to the other States which has been involved in in-
surrection;
And whereas, adequate provision has been made by military orders, to enforce
the execution of the acts of Congress, aid the civil authorities, and secure obe-
dience to the Constitution and laws of the United States within the State of
Texas, if a resort to military force for such purpose should at any time become
necessary;
Now, therefore, I, ANDREW JOHNSON, President of the United States, do The insurreo-
hereby proclaim and declare that the insurrection which heretofore existed in ton in Texas
the State of Texas is at an end, and is to be henceforth so regarded in that declared to be
State, as in the other States before named, in which the said insurrection was at an end.
proclaimed to be at an end, by the aforesaid proclamation of the second day of
April, one thousand eight hundred and sixty-six.
And I do further proclaim that the said insurrection is at an end, and that The insurre(-
peace, order, tranquillity and civil authority now exist in and throughout the tion at an end,
whole of the United States of America. and peace, &a.
In testimony whereof, I have hereunto set my hand and caused the seal of exist throughout
the United States to be affixed. tte.e
Done at the city of Washington this twentieth day of August, in the
[SEAL.) year of our Lord one thousand eight hundred and sixty-six, and of
the Independence of the United States of America the ninety-first.
ANDREW JOHNSON.
By the President:
WILIAM H. SEWARD,
Secretary of State.

No. 5.

NATIONAL THANKSGIVING.
BY THE PRESIDENT OF THE UNITED STATES [OF AMERICA:] Oct. 8,1886.

A PROCLAMATION.
ALMIGHTY GOD, our heavenly Father, has been pleased to vouchsafe to us, Thursday,
as a people, another year of that national life which is an indispensable cod- Nov. 29, 1866,
dition of' peace. security, and progress. That year has, moreover, been crowned appointed a day
with many peculiar blessings. of thanksgiving
The civil war that so recently closed among us has not been anywhere and praise.
reopened Foreign intervention has ceased to excite alarm or apprehension.
Intrusive pestilence has been benignly mitigated. Domestic tranqillity has
improved, sentiments of conciliation have largely prevailed, and affections of
loyalty and patriotism have been widely renewed. Our fields have yielded
quite abundantly. Our mining industry has been richly rewarded, and we
have been allowed to extend our railroad system far into the interior recesses
of the country, while our commerce has resumed its customary activity in
foreign seas.
These great national blessings demand a national acknowledgment.
Now, therefore, 1, ANDREW JOHNSON, President of the United States, do
hereby recommend that Thursday, the twenty-ninth day of November next, be
set apart and be observed everywhere in the several States and Territories of the
United States by the people thereof as a day of thanksgiving and praise to
Almighty GoD, with due remembrance that "in His temple doth every man
VOL. XIV. 52

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818 APPENDI .

speak of His honor." I recommend, also, that, on the same solemn occasion,
they do humbly and devoutly implore Him to grant to our National Councils
and to our whole people that divine wisdom which alone can lead any nation
into the ways of all good.
In offering these national thanksgivings, praises and supplications, we have
the divine assurance that "the Lord remaineth a King forever; them that are
meek shall He guide in judgment, and such as are gentle shall He learn His
way. The Lord shall give strength to His people, and the Lord shall give to
His people the blessingof peace."
In witness whereof, have hereunto set my hand and caused the seal of the
United States to be affixed
Done at the city of Washington, this eighth day of October, in the year
of our Lord one thousand eight hundred and sixty-six, and of the
[SEAL:] Independence of the United States the ninety-first
ANDREW JOHNSON.
By the President:
WILLIAM H. SEWARD, Secretary of State.

No. 6.

Dec. 28, 1868. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA:

A. PROCLAMATION.
Preamble. WHEREAS satisfactory evidence has been received by me from his Imperial
Majesty the Emperor of France, through the Marquis de Montholon, his Envoy
Extraordinary and Minister Plenipotentiary, that vessels belonging to citizens
of the United States entering any port of France or of its dependencies, on or
after the first day of January, one thousand eight hundred and sixty-seven, will
not be subjected to the payment of higher duties on tonnage than are levied
upon vessels belonging to citizens of France entering the said ports"
Rates of ton- Now, therefore, I, ANDREW JOHNsON, President of the United States of
nage duty on America, by virtue of the authority vested in me by an act of Congress of the
French vessels
entering ports of seventh day of January, one thousand eight hundred and twenty-four, entitled
the United "An act concerning discriminating duties of tonnage and impost," and by an
States on and act in addition thereto, of the twenty-fourth day of May, one thousand eight
after Jan. 1, hundred and twenty-eight, do hereby declare and proclaim that on and after
2867. the said first day of January, one thousand eight hundred and sixty-seven, so
1824, ch. 4.
Vol. iv,. . 2. long as vessels of the United States shall be admitted to French ports on the
1828, oh. 111. terms aforesaid, French vessels entering ports of the United States will be
Vol. iv. p. 808. subject to no higher rates of duty on tonnage than are levied upon vessels of
the United States in the ports thereof.
In testimony whereof, I have hereunto set my hand and caused the seal of
the United States to be affixed.
Done at the city of Washington, this twenty-eighth day of December,
in the year of our Lord one thousand eight hundred and sixty-six,
EsEAL.] and of the Independence of the United States of America the ninety
first.
ANDREW JOHNSON
By the President:
WILLiAM H. SEWARD, Secretary of State.

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APPENDIX.
No. 7.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA: Ja. 12,1867.

A PROCLAMATION.
WHEREAS, in virtue of the power conferred by the act of Congress approved Preamble.
June twenty-second, one thousand eight hundred and sixty, sections fifteen and 1860, oh. 179,
twenty-four of which act were designed by proper provisions to secure the $§15, 24.
strict neutrality of citizens of the United States residing in or visiting the co.xii p. 72.
empires of China and Japan, a notification was issued on the fourth of August
last by the legation of the United States in Japan, through the consulates of
the open ports of that empire, requesting American shipmasters not to approach
the cipasts of Suwo and Nagato pending the then contemplated hostilities
between the Tycoon of Japan and the Daimio of the said provinces:
And whereas authentic information having been received by the said
legation that such hostilities had actually commenced, a regulation, in further-
ance of the aforesaid notification and pursuant to the act referred to, was
issued by the minister resident of the United States in Japan forbidding
American merchant vessels from stopping or anchoring at any port or roadstead
in that country except the three opened ports, viz: Kanagawa, (Yokohama,)
Nagasaki, and Hakodate, unless in distress or forced by stress of weather, as
provided by treaty, and giving notice that masters of vessels committing a
breach of the regulation would thereby render themselves liable to prosecution
and punishment, and also to forfeiture of the protection of the United States,
if the visit to such non-opened port or roadstead should either involve a breach
of treaty or be construed as an act in aid of insurrection or rebellion:
Now, therefore, be it known that I, ANDREW JOHNSON, President of the Notification
United States of America, with a view to prevent acts which might injuriously and regulation
affect the relations existing between the government of the United States and as to American
merchant yes-
that of Japan, do hereby call public attention to the aforesaid notification and Eels stopping or
regulation, which are hereby sanctioned and confirmed. anchonng in any
In testimony whereof, I have hereunto set my hand and caused the seal of port, &c. in
the United States to be affixed. Japan, except
Done at the city of Washington, this twelfth day of January, in the the three opened
year of our Lord one thousand eight hundred and sixty-seven, and of ports.
[SEAL.] the Independence of the Umted States the ninety-first.
ANDREW JOHNSON.
By the President:
WuaLIA H. SEWARD, Secretary of State.

No. 8.

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA: Jan. 29, 1867.

A PROCLAMATION.
WHEREAS by an act of the Congress of the United States of the twenty- Preamble.
fourth of May, one thousand eight hundred and twenty-eight, entitled "An 1828, oh. 111.
act in addition to an act, entitled 'An act concerningdiscriminating duties of 'Vol. iv. p. 808.
tonnage and impost,' and to equalize the duties on Prussian vessels and their
cargoes," it is provided that upon satisfactory evidence being given to the
President of the United States by the government of 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 thereby author-
ized 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

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API$ENDIX.
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 Presideni 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:
And whereas satisfactory evidence has lately been received by me from his
Majesty the King of the Hawaiian Islands, through an official communication of
his Majesty's Minister of Foreign Relations, under date of the tenth of Decem-
ber, one thousand eight hundred and sixty-six, that no other or higher duties of
tonnage and impost are imposed or levied in the ports of the Hawaiian Islands
upon vessels wholly belonging to citizens of the United States, and upon the
produce, manufactures, or merchandise imported in the same from the United
States, and from any foreign country whatever, than are levied on Hawaiian
ships and their cargoes in the same ports under like circumstances:
Acts imposing Now, therefore, I, ANDREW JOHNSON, President of the United States of
diecnminatiug America, do hereby declare and proclaim that so much of the several acts
duties of ton- imposing discriminating duties of tonnage and impost within the United States
nage and impost
within thenit.- are, and shall be, suspended and discontinued, so far as respects the vessels of
ed States to be the Hawaiian Islands, and the produce, manufactures, and merchandise imported
suspended as re- into the United States in the same from the dominions of the Hawaiian Islands,
spects vessels of and from any other foreign country whatever, the said suspension to take effect
the Hawaiian
Islands, and from the said tenth day of December, and to continue thenceforward, so long
theIr
sargoes, as the reciprocal exemption of the vessels of the United States,
and the
from December produce, manufactures, and merchandise imported into the dominions of the
10, A. D. 1866, Hawaiian Islands in the same, as aforesaid, shall be continued on the part of the
and to contiue government of his Majesty the King of the Hawaiian Islands.
until, &c. In testimony whereof, I have hereunto set' my hand and caused the seal of
the United States to be affixed.
Done at the city of Washington, the twenty-ninth day of January, in
the year of our Lord one thousand eight hundred and sixty-seven, and
[SEAL.] of the Independence of the United States of America the ninety-
first.
ANDREW JOHNSON.
By the President:
WILLIAM H. SEWARD, Secretary of State.

No. 9.

March 1, 1867. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA:

A PROCLAMATION.
Preamble. WHEREAS the Congress of the United States did, by an act approved on the
nineteenth day of April, one thousand eight hundred and sixty-four, authorize
the people of the Territory of Nebraska to form a constitution and State gov-
erment, and for the admission of such State into the Union on an equal footing
with the original States, upon certain conditions in said act specified; and
whereas said people did adopt a constitution conforming to the provisions and
conditions of said act, and ask admission into the Union; and whereas the Con-
grss of the United States did, on the eighth and ninth days of February, one
thousand eight hundred and sixty-seven, i mode prescribed by the Constitu-
tion, pass a further act for the admission of the State of Nebraska into the Union,
in whih last-named act it was provided that it should not take effect except up-
on the fundamental condition that within the State of Nebraska there should be
no denial of the elective franchise or of any other right to any person by rea-
son of race or color, excepting Indians not taxed, and upon the further funda-
mental condition that the legislature of said State, by a solemn public act,
should declare the assent of said State to the said fundamental condition, and
should transmit to the President of the United States an authenticated copy of
said act of the legislature of said State, upon receipt whereof the President, by
proclamation, should forthwith announce the fact, whereupon said fundamental
condition should be held as a part of the organic law of the State, and thereup-
on, and without any further proceeding on the part of Congress, the admission or

HeinOnline -- 14 Stat. 820 1863-1867


APPENDIX.

said State into the Union should be considered as complete; and whereas within
the time prescribed by said act of Congress of the eighth and ninth of February,
one thousand eight hundred and sixty-seven, the legislature of the State of Ne-
braska did pass an act ratifying the said act of Congress of the eighth and ninth
of February, one thousand eight hundred and sixty-seven, and declaring that
the aforenamed provisions of the third section of said last-named act of Congress
should be a part of the organic law of the State of Nebraska; and whereas a
duly authenticated copy of said act of the legislature of the State of Nebraska
has been received by me:
Now, therefore, I, AxDREw Jo NSoN, President of the United States of Admission of
America, do, in accordance with the provisions of the act of Congress last herein the State of Ne
named, declare and proclaim the fact that the fundamental conditions imposed braska into the
Union declared
by Congress on the State of Nebraska to entitle that State to admission to the to be complete.
Union have been ratified and accepted, and that the admission of the said State
into the Union is now complete.
In testimony whereof I have hereto set my hand, and have caused the seal of
the United States to be affixed.
Done at the city of Washington, this first day of March, in the year of
[L2E.rL.] our Lord one thousand eight hundred and sixty-seven, and of the In-
dependence of the United States of America the ninety-first.
ANDREW JOHNSON.
By the President:
WILLIAM H. SEWARD, Secretary of State.

No. 10.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA: March 80,1967.

A PROCLAMATION.
WHEREAS objects of interest to the United States require that the Senate
should be convened at twelve o'clock on Monday the first day df April next,
to receive and act upon such communications as may be made to it on the part
of the Executive:
Now, therefore, I, ANDREW JOHNSOw, President of the United States, have Extraordinary
considered it to be my duty to issue this my proclamation, declaring that an ey,- session of the
traordinary occasion requires the Senate of the United States to convene for the Senate convened
transaction of business at the Capitol, in the city of Washington, on Monday the for April 1,1867.
first day of April next, at twelve o'clock pn that day, of which all who shall at
that time be entitled to act as members of that body are hereby required to take
notice.
Given under my hand and the seal of the United States, at Washington, the
thirtieth day of March, in the, year of our Lord one thousand eight
[siAL.] hundred and sixty-seven, and of the Independence of the United
States of America the ninety-first.
ANDREW JOHNSON.
By the President:
WiLLism H. 'SEWARD, Secretary of State.

HeinOnline -- 14 Stat. 821 1863-1867


HeinOnline -- 14 Stat. 822 1863-1867
INDEX
TO THE

FOREGOING PUBLIC AND PRIVATE LAWS AND RESOLUTIONS AND TO THE


PROCLAMATIONS.

A. Additonal Clerks,
to superintendent of public printing ..... 41
Abandoned Lands. See Bureau, 4-c. in the several bureaus in the Navy, au-
486 thorized ......................... 207, 208
Abandoned Property,for bureau of......... 92,
appropriations ii Post-Office Department, pay of....... 324
acts done and proceedings had by officers, authorized in the office of the commis-
under the laws for the collection of, and sioner of pensions .................. 471
for the prevention of frauds m insurrec- clerkships to expire at the end of two
tionary districts, to come within the years .............................. 471
protection given to revenue officers. ... 329 appropriation therefor ............. 471
Absent Defendants, authorized in the bureau of yards and
publcation may be substituted for per- docks .............................. 450
sonal servce of process in certain suits Additional Compensation,
in the District of Columbia ........... 403 to assessors and assistant assessors, reve-
summons first to issue and a return of nue agents and inspectors in certain
"not to be found" thereon ........... 404 States .............................. 105
form of order of publication .......... 404 to clerks in Treasury Department.... 195, 196
sales made where there has been such ser- unexpended balance of former appropria-
vice to be valid ..................... 404 tion, how expended ................ 196
Absentees, provision if balance is insufficient... 196
on sick leave or 'sick furlough to be to three clerks in Attorney-General's office
treated, as regards pensions, as though for services under amnesty proclama-
they were in the field or hospital .. . 57 tion ............................... 205
Academy, Military. See Milttary Academy. to the Metropolitan police force of the
appropriations for ................... 58,415 District of Columbia ............. 321
Academy. Naal See Naval Academy to officers, clerks, reporters, &c. of Senate
appropriations for ............ 6, 37, 490 and House of Representatives, librarian
Academy of Music of Washington, D. C, of congressional library and certain
act of incorporation of................ 52, 53 others ........................... 323
Accadi, Salvador, to certain laborers and female clerks in
,pension to Adrian J. P., and Lavinia M. Post-Office Department .............. 324
E., minor children of ................ 598 to metropolitan police ............. 374 456
Accounts, how to be borne .......... 374,4.56,457
of disbursing officers in navy, transfer of to officers of the revenue-cutter service.. 416
appropriations to settle ............... 38 to army officers ...................... 422
of collectors and assessors of internal reve- twenty per cent to civil officers, clerks,
nue, to be adjusted to fiscal year ....... 106 messengers, and watchmen in the em-
appointment of commissioners .......... 106 ploy of the government in Washington,
judgment by default in stuts upon open, D. C., for one year from June 30,
in the District of Columbia, practice as 1866 ............................. 569
to ................................. 404 the additional pay to the employees of the
Accounts and Vouchers, patent office, to be paid out of the pa-
of disbursing officers to be sent directly to tent-office fund ..................... 569
the proper bureau .............. 571,572 this increase of pay not to apply to those
Accrued Pensions, &-c., whose salaries exceed $3,500 a year... 569
provisions of law concerning ........... 230 repeal of former acts concerning ........ 569
Acting Midshipmen, Additional Land Districts, -
entitled to one ration or commutation... 322 the President may establish wherever he
Active List of the Navy, deems necessary and appoint officers.. 252
physical disqualification of officers, oc- Additional Salaries,
casioned by wounds received in the line of treasurer of mint in Philadelphia ..... 202
of duty and not incapacitating them, of officcrs of branch mint at New
not to prevent promotion on .......... 344 Orleans and Denver ............ 202
Additional Appropriations. See Deficiency Appro- Adertn, Obadah,
prttions, pension to ........................... 643
for the years ending June 30, 1866 and Adjutant-General,
June 30, 1867 ................. 14,26, 373 appointment of the .................... 336

HeinOnline -- 14 Stat. 823 1863-1867


INDEX.
Adjutant General, (continued.) Agricultural College,
rank, pay, &c. of the .................. 334 lands granted fbr in Nevada ............ 85
appropriations for and for office of... 199,449 theory and practice of mining may be
additional employees in office of.... 449 taught therein ..................... 86
Adjutant-General'sDepartment, in Tennessee, grant of public lands for.. 569
hereafter to consist of what officers.. 333,334 Agricultural Colleges,
their several rank, pay, and emolu- time for complying with provisions of act
ments ..................... 333, 334 granting public lands to States for, ex-
Admiral, tended ............................. 208
grade of, in the navy, established ....... 222 when Territory becomes a State, new
pay .............. .................. 223 State entitled to benefits of act ...... 208
to be the ranking officer in the navy .515,516 States that have accepted act, to have
secretary of, rank, pay, and allowances five years more within which to pro-
of ............................ 223,516 vide one college .................... 209
Advertisements, AgriculturalImplements and Seeds,
for bids for contracts for supplies for mili- funds for purchase of, for destitute In-
tary service, to state what ........... 92 dians and Indian tribes within the
on Pacific coast, to be published in southern superintendency ............ 347
newspapers in San Francisco and Agricultural Statistics,
Portland ........................ 92 appropriations for collecting and for an-
preference to be given to articles of Amer- nual and monthly reports ........ 201, 451
ican production ..................... 92 Aids to the Revenue,
tax on, in catalogues, directories, &c.... 137 per diem compensation of ............. 304
of any goods, &c. the printing of, on any Alabama,
United States secuities, made unlaw- the insurrection declared to be at an end in 813
ful ....... ....................... 383 post road established in ............... 190
the printing or engraving, &c. of, in the all public lands in, to bedisposed of ac-
similitude of any United States obliga- cording to homestead law .......... 66, 67
ton or security declared unlawful.... 383 See Lands, Public.
by heads of departments and judges of act to provide for the more efficient gov-
United States courts, in the rebel ernment of ...................... .428
States, to be published only in the constituted part of the third military dis-
newspapers selected by the clerk of the trict .... ......................... 428
House of Representatives ........ 466, 467 See Rebel States.
notices and proposals for contracts for all Albany, New York,
the executive departments, laws, trea- made a port of delivery, within the collec-
ties and proclamations, to be published tion district of New York ............ 542
only in the two newspapers in the Dis- surveyor to be appointed .............. 542
trict of Columbia, and in each equally 467 bond, oath, residence, duties ...... 542
rates of pay, to he no higher than privileges and restrictions of former act
charged to individuals ......... 467 made applicable for imports destined
printing for executive departments to for Albany ........................ 542
be done by the government printer, privileges of warehouse acts and treasury
when practicable ............. .467 regilatons extended to the port ...... 542
if not, at such office as the cleik
of the House of Representa- collection district of, established ........ 411
tives may designate ........ 467 boundaries of .................... 411
tax upon, repealed .................... 485 port of entry at Plymoueh......... 411
Advertising, collector, residence, salary, &c. of,.. 411
in Washington, 1). C., for the executive Alcohol,
de partents to be in what papers ..... 50 made from distilled spirits upon which
Affis ns concerning ................. 50 taxes have been paid to be exempt from
tax ................................. 565
exempt from stamp duty .............. 475 may be withdrawn from bond by curators
African Descent, of scientific institutions, for the sole
rights of persons of, among the Choctaws purpose of preserving specimens, &c.
and Chickasaws ................ 770, 778 without payment of the internal reve-
among the Creeks .............. 786 nue tax, upon giving bond, &c....565, 566
African Race, Heads of Familiesof the, conditions of bond ................ 566
sales of lands made to by, &c., con- penalty for violation thereof.... 566
firmed ............... ............. 175 Ale See Beer.
African Slave-Trade, internal revenue tax upon .......... 164, 475
appropriation for the suppression of the 23, fractional parts of a barrel and how ac-
226, 415 counted ....................... 475, 476
Agent, General, Alexandria and Washington R R. Co,
at New York for the industrial exposi- suceceded by the Washington, Alexan-
tion at Paris .................. 347, 362 dria, and Georgetown R R. Co ...... 248
limit to his term of service ........ 363 Alexandria, Washington, and Georgetown R.
Agent or Attorney, R. Co.,
making claim for bounty for colored sol- may use steam power to draw their cars
diers to file with the claim his oath across the Potomac, and in certain
that, &c............................ 368 streets in Washington ............... 435
fees of, for such services ............... 368 corporation of Washington may make
penalty for charging, &c. more .... 368 regulations ........................ 435

HeinOnline -- 14 Stat. 824 1863-1867


INDEX.
Allegheny Arsenal, Amnest, (continued.)
certain lots of ground adjoining, may be to and among Choctaws and Chicka-
purchased ......................... 395 saws ............................ 770
appiopriation therefor ............. 395 property of late confederate States
title to be good ................... 395 - their possession to be surrendered
appropriation for ..................... 486 to the United States .......... 782
Aliens, to and among the Creeks .............. 786
coupons, &c. on bonds, &c. held by, tobe to and among the Cherokees ........... 799
taxable ............................ 5 Amoskeag Manufacturing Company,
income of, from business in the United payment to, for three cook wagons .... 589
States ............................. 138 Anderson, Charles F.,
Allen, Sally, payment to .......................... 577
payment of arrears of pension of Isaac Andrews, Sally,
Allen to ................ .......... 631 pension to ........................... 587
Allotment, Animals, Lice,
of the justices of the Supreme Court to duty on 'those importe .............. 48
the circuits .................. .... 433 certain, may be imported from British
new allotments may be made .......... 433 America free within ten days......... 48
how made during vacation ........... 433 Annamasset,
Allowance, office of deputy collector at, discontinued 411
to officers of navy and marine corps for Annapolis,
loss of personal effects by casualty, &c. 14 appropriation for naval hospital at ....... 36
to navy officers for rent of quarters, &c, Annuites,
prohibition of repealed............. 38 appropriation for expenses of delivery of,
to assignee for services .............. 531 to the Pawnee, Ponca, and Yancton
t6 bankrupts, by exceptions from assign- Sioux ........................ 278
ments .......... .............. 522, 523 to Indian tribes in Minnesota and
none to be allowed to any corporation, or Michigan ..................... 278
joint-stock company, or any officer or Apache, Cheyenne, and Arrapahoes,
member thereof ................... 535 treaty with, of October 17, 1865 ........ 713
Allyled Meals, See Bankruptcy. the Cheyenne, Arrapahoo, and Apache
tribes are united and recognized as con-
on flues of boilers to be fusible and at federated tribes by the United States.. 713
what temperature ............. .. 227 stipulations of former treaty binding on
Almanac, American Nautical, the parties hereto ............. 713, 714
appropriations for ................. 37, 490 ratification, &c ...................... 715
Amboy Laning and Tnuerse Bay R. R. Co., Apache Indians,
rights of, under a laud grant fiom the assent of, given to the amendments to
United States to the State of Michigan 78 the treaty of October 14, 1865, with
lands granted in aid of, how to be dis- the Arrapahoe and Cheyenne Indians. 709,
posed of........................... 79 71G
to be a public highway free to the Apaches,
Umted States .................. 79 appropiations for the ...... 259, 276, 492, 493
Amboy, LSc. Railroad, (in zchian,) Apalai cola,
time of completion of first twenty miles salary of collector of, customs at, estab-
of road-bed of, extended to July 1, lished ....... .................... 308
1867 .............................. 425 Apothecaries,
Amendment, definition of, and special tax on ......... 119
proposed to the constitution of the Unit- wholesale and retail dealers who have
ed States . ..................... 358, 359 paid the special tax therefor, not to pay
American Coast Pilot, tax as ............................ 119
purchase of plates and copyright of .... 470 not to pay tax as ietail dealers for selling,
American Nautical Almanac, &c............................. 119, 120
appropriations for the ............... 37, 490 certain, not to be regarded as manufac-
American Production, turers ........................ 151
preference to be given to articles of, in others, to be so regarded......... 151
procuring military supplies .......... 92 additional special tax on certain ........ 471
piovision as to those on Pacific coast 92 Appeals,
American Seamen. See Seamen on questions of law to the Supreme Court
relief and protection of, in foreign coon- in cases arising under the civil rights
tries ............ .............. 224, 413 act ..... ....... ................. 29
rescue from shipwreck ................. 413 to the Supreme Court from certain decrees
American State Papers, of the court of claims ............. 9, 44
distribution of surplus copies of ........ 361 to circuit court from decrees of district
American Vessels, courts respecting certain private land
those licensed, &c. under a foreign flag claims in California ................. 221
during the rebellion not to be deemed, fee for, for first time, from decision of pt i-
without, &c...................... 3, 212 mary examiner to examiner in patent
Amiot Auquszn, office ............................. 76, 77
lot of ground in St. Louis, Mo. confirmed not to be allowed until fee is paid . 77
to ............................. ..580 fiom proceedings of assistant assessors
Amnesty, under internal revenue law, how taken 103
authority of the President to proclaim, to be in writing, and state grounds..... 103
repealed ......... ................. 377 to be determined in a summary way.... 10,

HeinOnline -- 14 Stat. 825 1863-1867


INDEX.
App , (continued.) Appraisers,
om judgments of justices of the peace per diem compensation of, not increased
in the District of Columbia, not to be by certain act ....................... 309
allowed, unless, &c .................. 403 general and local pay of, at Baltimore,
proceedings in the appellate court upon Boston, New Orleans, Philadelphia,
such appeals ....................... 403 Portland, and San Francisco, estab-
in bankruptcy proceedings ............. 520 lished ............................. 308
from district court to circuit courts...... 520 Appraisers' Stores,
notice thereof within ten days to appropriations fbr constructing fire-proof
clerk and to assignee or creditor 520 in Philadelphia ..................... 461
when to be entered ............. 520 Appropriatons,
may be waived in writing before de- for the army, civil expenses, consular and
ci~ion thereon .................. 520 diplomatic expenses, fortifications, In-
bond to be given before allowance of .... 520 dian department, legislative, &c., navy,
none allowed to Supreme Cort of the pension, and post-office department, see
United States, unless matter in dispute those Titles.
exceeds $2,000 .................. 520, 521 for invalid and other pensions ......... 2, 398
general orders regulating the practice and for expenses of the removal of the library
procedure upon .................... 521 of the Smithsonian Institution ........ 13
by creditors from decree of district court, for deficiencies in civil expenses, for the
disallowing claims .................. 528 year ending June 30, 1866 ......... 14, 324
to the Supreme Court of the United. for deficiency in pay of the army, and to
States already takpn fiom districts m reimburse Pennylvama for money paid
which the sessions of the courts have to the militia ....................... 32
been interrupted by insurrection or re- for the naval service, for the years ending
bellion, to be valid, &c.............. 545 June 30, 1867, and June 30, 1868..33, 489
may be brought within one year .... 545 deficiency for public printing, for the year
act not to apply to certain cases .... 545 ending June 30, 1866 ................ 41
to circuit courts from district courts may, for' Post-Office Department, for the years
if parties agree, be disposed of at cir- ending June 30,1866, 1867, and 1868 48, 393
cuit court held by district judge, in the for support of the militaty academy.. 58, 415
absence of the circuit judge .......... 545 for deficiencies for contingent expenses of
Appendix the House of Representatives ...... 59, 393
to diplomatic correspondence for 1865, ad- to reimbuise the State of West Virginia
ditional copies to be printed ......... 570 for moneys expended.............. 68
how to be bound and distributed ....570 for repair, preservatio, completion, and
Appleton, Charles, constructon of certain public works. 70, 418
pension of, increased .................. 623 for Rock Island arsenal ................ 76
Appointments for support of the army, for years ending
of volunteer officers and soldiers to be June 30, 1867, and June 30, 1868..90, 485
distributed proportionately among the for pay of officers, &c. in the office of com-
States, &c. ........... 333 missioner of internal revenue ......... 170
this not to apply to California, Ore- for legislative, executive, and judicial ex-
gon, and Nevada ............... 333 penses of the government ........ 191,440
to the army to be made from qualifica- to pay certain informers their part of
tions and services ................... 336 fines, penalties, and forfeitures ........ 208
not to be made from those who have to purchase certain Indian annuity goods
served in the military, naval, or civil in lieu of those destroyed by fire ...... 208
service of the so-called confederate for the consular and diplomatic ex-
States ........ .................... 337 penses ......................... 224, 412
to the military academy, provisions re- fbr the construction of a jail in and for
specting ........................ 359, 360 the District of Columbia ............. 231
to the military academy, repeal of resolu- for a House of Correction for boys in the
tion in regard to mode of ........... 487 District of Columbia................ 234
Appraisement, to grade East Capitol street and establish
of property seized for forfeiture ...... 180, 181 Lincoin Square ..................... 251
of imported merchandise at the port for the current and contingent expenses
of New York, provisions concerning.. 302, of the Indian Department, and fulfilling
304 treaty stipulation with Indian tribes 255, 492
appointment, duties, &c. of appraiser, to reimburse Nebiaska for expenses in-
assistant appraisers, examiners, &c... 302, curred in repelling Indian hostilities. . . 307
303 for civil expenses of government .... 310, 457
officers may be required to work more for deficiencies in appropriations for the
than business hours ................. 304 service of the government, for the year
Appraiser ending June 30, 1866 ............. 324
of imported merchandise appointed at to supply deficiencies in the service of the
New York in lien of the appraisers government, for the year ending June
now authorized by law .............. 302 30, 1867 ....................... 373, 468
qualifications, oath, duties ............. 302 to pay the rewards offered for the capture
when and how he may act by~deputy ... 302 of the assassins of the President and
compensation of, and to be paid monthly.. 302 Secretary of State .................. 341
not to be engaged in mercantile busi- fbr carrying the mail on the post roads,
ness ................. ......... 303 established at this session of Con-
clerks, &c. in office of, their pay, &c..... 303 gress ........................... 342,343

HeinOnline -- 14 Stat. 826 1863-1867


INDEX.
Appsratons, (continued.) Aqueduct, Washington,
for subsistence and clothing, &c.for des- approiation to repair damages done to
titute Indians ...................... 347 ay rehet s........ ............ 374
for expenses of the joint committee of the chief engineer to have the superntndence
so-called confederate States .......... 349 of ................................ 466
to reimburse Miss Clara Barton for Arnsas,
searching for missing soldiers, and for to be port of deliver4r for district of Cor-
continuing the same ................. 350 pus Christi ........................ 308
for the relief of the destitute population in Araaluoes,
the District of Columbia ............. 353 appropriations for the .......... 271, 276, 493
fbr general salary account of the Post- Arbitration. See Bank-mptcy.
Office Department .................. 354 assignees in bankruptcy may settle ques-
for expenses of collecting the revenue tions in controversy ................. 525
from the customs ................... 354 Archtets,
to carry out the joint resolution respect- definition of, and special tax on, ........ 121
ing quarantine and health laws ....... 357 does not include practical carpenters who
for cases to rotect the plants of the col- labor ot buildings .................. 121
lection of =rederiek Pech ............ 357 Ardent Spr'ts. See SpirituousLiquors.
for negotiating treaties with eaiam In- possession of, in reservation of the Woll-
dian tribes ......................... 358 pah-pe Indians, to be punished ........ 684
for the repair of Potomac Bridge ........ 360 proportion of annuities may be withheld 684
to pay Vermont expenses incurred in de- the introduction and use of, among the
fence of the frontier from invasion Osage Indians to be suppressed ....... 689
from Canada ....................... 361 punishment for unlawfully furnishing, to
for hiring and fitting buildings for the the Indiang of middle Oregon ........ 752
temporary accommodation of the State Aroarees,
Department ........................ 362 appropriations for the .............. 494
for participation in the Universal Exhi- Arizna Land Dsrict. See Aritona Territory. .
bition at Paris ..................... 362 established ........................ 542,543
for the purchase of the law library of Arizona Territory,
James L. Peigru .................. 365 appropriations to pay for census of..... 22
for cost of gold medals and rewards for for territorial expenses of ......... 24
the rescue of the passengers, officers, for government of ................. 204, 454
and crew, of the wrecked steamer San for Indian service in ............. 279, 512
Francisco ............ ............. 365 net proceeds of internal revenue of, for
for payment of certain claims against the three years to be applied to erection of
late Territory of Nevada.: ........... 366 penitentiaries in .................... 377
for the expense of preparing a general limit of amount to be expended in
customs revenue law ................ 367 the tevritory ................... 377
for the erection of penitentiary buildings at what places to be erected ........ 3771
in the Territories of Arizona, Colorado, post-routes established in .............. 551
Dakota, Idaho, Montana, Nebraska, attached to surveying district of Califor-
Washington ....................... 877 nia .............................. 543
for the purchase of ground adjoining the certain public lands in to constitute the
Allegheny arsenal ................... 395 Arizona land district ............. 542, 543
to carry out the act to establish and pro- registers and receivers in, authorized 543
tect national cemeteries .............. 401 their duties and compensation.. 543
for increased compensation to the offiers location of offices of ......... 543
of the revenue-cutter service .......... 416 Arkansas,
under the act for the relief of certain the insurrection declared to be at an end
drafted men ........................ 417 in ................................ 813
under the act to authorize the buddiiig of all public lands in, to be disposed of ac-
lighthouses, &e...................... 425 cording to homestead law ........... 66,67,
for the increased compensation for the grant of lands to, in aid of extension of a
district judges of the United States.... 471 railroad to Helena ................. 83, 84
for the detection, trial, and punishment postroad established in .............. i9o
of persons guilty of violations of the rer grant of lands and right of way
internal revenue laws ............. 473 to, and Missouri, in aid of the construc-
for the construction, preservation, and tion of a railroad from the Mississippi,
repairs of certain fortifications and opposite the mouth of the Ohio River,
other works of defbnce, for the year via Little Rock, to the Texas boundary,
ending June 80, 1868 ................ 487 near Fnlton, with branches to Fort
to pay certain debts and expenditures to Smith and thpjMississippi River, re-
the city of Washington .............. 558 vived and extended for ten years ...... 338
for expenses of joint committee on re- / lands heretofore granted and reverted to
frenchment ........................ 564 be restored to same custody and condi-
for the removal of the wreck of the iron tions as at time reyersion took place... 338
steamship Scotland .............. 54, 565 mineral lands reserved ................. 338
for additional compensation to certain property and troops of the United States
employees in the civil service of the to be carried free .................. 338
government ......................... 569 additions to former grant and upon the
to pay for the claims for services of cer- same uses and trusts................. 338
tain Indian agents .................. 570 conditions of grant and -selection of
for medal, &c. to Cyrus W. Field ....... 574 lands ...................... 38, 339

HeinOnline -- 14 Stat. 827 1863-1867


INDEX.
Arkansas, (continued.) Army, (continued.
when act takes effect as to the Memphis chaplains, rank, pay, &c. of ............ 337
and Little Rock and the Little Rock for colored troops ................. 337
and Fort Smith branches of the road.. 239 retiring of officers of regular army....... 337
act to provide for the more efficient gov- provost-marshal-general's office and bu-
ernment of ........................ 428 reau to cease ....................... 33
constituted part of the fourth military dis- officers of volunteers to bear their titles
trict ............................... 428 and wear their uniforms ............. 337
See Rebd ,tates. volunteer rank of regular officers to be
entered on army registers ............ 337
appropriations fr..................485 not to entitle to command or pay .. 337
Armory and Arsenal at Rock Island, provision as to commutation of officers'
appropriations for ................... 76, subsistence continued one year ....... 337
location, &c. of railroad and wagon road authority for solicitor of War Department
for benefit of ...................... 75, 76 repealed ........................: 337
Armory, National, at Springfield, code of regulations for the army and the
appropriations fo ..................... 91 militia in actual service, and for courts
storekeeper and paymasters at ......... 335 martial ............................ 338
boundaries of, may be changed for public existing regulations to be in force until,
streets, &c.......................... 352 &c ................................ 338
rank, pay, &c. of ordnance storekeeper act relating to brevets in the ......... 517
and paymaster at ................... 423 brevets may be conferred on officers in the
pay of clerks at, increased ............. 467 army for gallant conduct, &c. in the
Arms and Amnmunition. See National Armory. volunteer service, prior, &c........... 517
sale of, by Woll-pah-pe Indians to hostile laws relating to, to be pubhlished officially
Indians forbidden ................... 684 in the Army and Navy Journal ....... 468
Army, Armland iNavy Journal,
grade of general in the, revived ......... 223 ar relating to the army, navy, the mili- -
See " General, &c." tia, and the marine corps to be pub-
of the United States, to consist of what.. 332 lished officially in the ................ 468
number of regiments of artillery, cav- rates of pay therefor ............... 468
alry, and infantry ............... 332 Army Appropriation,
professors and corps of cadets of the deficiency for the pay of the ........... 32
military academy and other forces for the yeais ending June 30, 1867 and
provided by law ................ 332 1868 ..................... 90, 93, 485, 487
military bands ........................ 333 recruiting and pay of citizen surgeons 90, 485
enlistments to be made fol what term... 333 pay of the army .................... 90, 485
general, lieutenant-general, major-gener. commutation of subsistence and for-
als, brigadier-generals ............. 33a age ............................ 90, 485
adjutant-general's department ....... 333, 334 payments in lien of clothing .......... 90, 485
inspector-general's department ........ 334 subsistence in kind .................... 90
bureau of military justice .............. 334 quartermaster's department ........... 90, 91
quartermaster's department ............ 334 cavalry and artillery horses ............. 91
military storekeepers .............. 334 officers' baggage ...................... 91
subsistence department .............. 334 transportation, public transports, water.. 91
medical department ................. 3.
34 obstructions in roads, rivers, and harbors 91
pay department ....................... 335 hire of quarters, &c., construction of tem-
corps of engineers ..................... 335 porary huts, and repairs of public build-
engineer soldiers ...................... 335 ings at established posts ............. 91
ordnance department .................. 335 contingencies of the army ............ 91, 485
stotekeeper and paymaster at Spring- medical and hospital department ...... 91,485
field ........................... 335 national armory ....................... 91
chief signal officer ................. 335, 336 magazine for storing gunpowder ........ 92
signal duty ........................... 336 fire-proof buildings at Schuylkill arsenal, 92
appointments of adjutant-generals and bureau of refugees, freedmen, and aban-
heads of departments ............... 336 doned lands ................. 92, 486
commissions not to issue until after exami- assistant and sub-assistant commis-
nation ............................. 336 sioners ...................... 92, 486
appointments to be made from qualifica- clerks, stationery, and printing... 92, 486
tions and services ................... 336 quarters and fuel ............... 92, 486
office of suttler abolished ............... 336 clothing for distribution ............ 92
articles how furnished ............. 336 commissary stores ........... 92, 486
army officers may be detailed to act as medical department ............. 92, 486
presidents of colleges ................ 336 transportation..............92, 486
schools for enlisted men at ports, garri- school superintendents ......... 92, 486
sons, and permanent camps .......... 336 school-housea and asylums ....... 92, 486
what to be taught ................ 336 telegraphing, and postage ........ 92, 486
huildings for school and religious certain balances may be applied to aid
purposes .......... .......... 336 educational institutions actually in-
persons in the military, naval, or civil ser- corporated for loyal refugees and freed-
vice of the so-called confederate States men .............................. 486
not to be appointed to the army ...... 837 no agent or clerk, not heretofore author-
officers of colored troops to be deemed ized, to receive a monthly allowance of
officers of volunteers ................ 337 over $200 ......................... 486

HeinOnline -- 14 Stat. 828 1863-1867


INDEX.
Army Appropriation, (continued.) Army Appropatin, (continued.)
advertisements fbr bids in quartermaster's secion three of resolution of June 16,
department to state what ............. 92 1866, relating to the mode of making
for supplies for Pacific coast, to be appointments to nhtary academy re-
published in newspapers of San pealed .... ....................... 487
Francisco and Portland .......... 92 fire-proof buildings in Jefersonville, In-
preference to be given for articles of diana, as storehouses for government
American production ................ 92 property .......................... 487
officers in military or naval service, in whipping or maiming, as a punishment
time of peace not to be dismissed, ex- for crime, forbidden in, &c. until, &c... 487
cept. . . ....................... 92 militia forces organized or in service in
superintendent and officers of military the rebel States to be disbanded, and
academy may be selected and detiled further organization prohibited ....... 487
from any arm of service ............. 92 travelling expenses of certain California
soldiers employed as artificers or laboirers and Nevada volunteers to be paid ..... 487
in constant labor of not less than ten amount of payment ............... 487
days in any case to have extra pay ... 93 appropriation .................... 487
troops of engineer and ordnance depart- Army-Medical Museun,
went no.to have extra pay .......... 93 appropriation for ..................... 485
allowance to officers for travel increased 93 Army Offters,
payments to discharged soldiers for cloth- duty and accounts of those receiving
ing not drawn ...................... 485 money raised for the support of freed-
artificial limbs for soldiers and seamen... 485 men and refugees ................... 65
army medical museum ................ 485 on lighthouse duty .................... 312
medical works for library of surgeon- may be detailed to act as presidents, su-
general'a office .................... 485 perintendents, or professors of colleges
expenses of commanding generals of- or umversities ...................... 336
fice ............................... 485 number and how apportioned ...... 336
armories nd arsenals, repairs and im- when and how may be retired ......... 337
provements of ................ 91, 485, 486 temporary increase of pay of certain .... 422
Allegheny....................486 pay of those below the rank of major-gen-
Champlain.................. .486 eral to be increased one third for two
Columbus ...... 4............... 486 years ................... .......... 422
Fort Monroe ...... .............. 488 of field and mounted officers ....... 422
Fort Union ...................... general officers may receive an additional
486
Frankford ... ........... 486 ration for every five years' service ..... 423
Indianapolis .................. in computing the service of, to fix relative
486
Kennebec .....ew ................ 486 rauk, &c. the time of all actual service
Leavenworth ................ .486 irto lie taken into aceount ........... 434
New York ....................... emolumenits of commissioned officers not
486
Pikesville ........................ 486 increasbd by acts of June 20, 1864, and
Rock Island .................. .. 485 March 3, 1865 ...................... 435
Saint Louis................ .... 486
Army Register,
Schuylkil ..................... .92 volunteer rank of regular officers, to be
Washington ...................... 486 entered on ......................... 337
Watertown ..................... 486 not to entitle to command, pay, &c. 337
Watervliet ................ Army Regulations,
92, 486
for erection of a bridge at Rock Island... 485 for the army and militia in actual service,
ownership of bridge to be in the United and for the governments of courts martial,
States ............................ 485code of, to be prepared and reported to
Rock Island and Pacific Railroad Com- Congress ............ ............ 338
pany to have right of way across island existing to be in force until, &c......... 338
and river and free use, if, &c .......... 485
Armes, Josiah 0.,
to pay half cost of bridge .......... payment to, for property destroyed ..... 617
485
half expeuse of keeping bridge Arrangement See Bankruptcy.
in repair ................... superseding proceedings in bankruptcy
485
for purchase of Willard Sears estate ad- y. ............................ 638, 539
joining Watertown arsenal ........... 486
Arrapahoes, Apaches, and Cheyennes,
land in South Boston may be sold at pub- treaty with, of October 17, 1865 ........ 713
lie auction ........... .......... 486 See Apaches.
ordnance service ........ . .......... Arrapahoes. See Cheyennes and Arrapahoes.
486
general of the army, to have headquarters treaty with of October 14, 1B65 ..... 703, 711
at Washington................. 486. 487 Arrears.for Services,
not to be removed, suspended, or as- as Indian volunteers among the- Chero-
signed to duty ilsewhere, except kees, how to be applied ........... 805, 806
at his own request, without the ap- Arrears of Pay and Penswns,
proval of the Senate .......... 487 to heirs, &c. of certain officers actually
all orders and instructions relating entering upon duty, but not mustered
to military opfrations to issue in, within, &c................. .... 368
through him ............. 486, 487 Arrest,
otherwisq to be void ......... 487 bankrupt not hable to, during proceedings
penalty for knowingly issuing, trans- m bankruptcy in- any civil action, an-
mitting, or obeying orders contrary less, &c............................ .529
hereto ..................... 487 See Bankruptcy.

HeinOnline -- 14 Stat. 829 1863-1867


xNDEX.
Arrest, (continued.) Assessors and Assistant Assessors, (continued.)
discharge of debtor from, under process may enter premises, take views, and make
from courts of the United States ...... 543 up lists .......................... 102
See Imprisonmentfor Debt. additions to taxes for false lists ...... 102, 147
Arrests-during the Rebelhon, for neglect to render lists ......... 102
under order from the proper superior duties of, as to notifying where lists may
officer, provisions concerning ......... 41 be examined, and as to appeals ... 102, 103
orders, how proved ................... 46 when may make re-assessments ......... 103
removals of suits from State to United when to make lists ................. 103, 147
States courts ...................... 46 lists to contain what ................. 103
Arsenal when to be sent to collector ........ 104
at Rock Island, resolution to enable the special lists when may be made ........ 104
Secretary of War tocarry out an agree- pay and coMlnisions of, clerk hire, and
ment in relation to water power at the 573 rent of office, &c ............... 104, 105
Arsenals. See Army Appropriations. additional compensation to,, in certain
appropriations for repairs, improvements, districts ......................... .105
&c. at ............ 91, 92, 485, 486 not to exceed five thousand dollars a
land for enlargement of Watervleit ..... 92 year ................ ......... 105
fire-proof buildings at Schuylkil ........ 92 commissions of, in districts whence and
appropriation for repairs of at Hudson to which cotton and distilled spirits are
city, N. J.......................... 310 shipped ....................... 106
Arsenal, United States, accounts of, after June 30, 1864, to be ad-
appropriation, to help the sufferers by the justed to fiscal year ................. 106
explosion of, at Washington, D. C.... 351 apportionment of, in cases of death, new
by whom to be distributed .......... 351 appointments, &c .................. 106
Articles no salaries to be paid, until commissioner
free of duty in Japan ................. 655 certifies that all reports, &ec.have been
Articles and Products made ........ .................... 106
exempt from taxation, lists of. .147- 150, 475 may, after notice, decree a forfeiture of
Artjfmaol Limbs, property of pedlers for not exhibiting
disabled soldiers to whom the government receipt ......................... 114
furnishes, to have transportation to and duties of, as to persons doing a business
from the place where they are obtained 342 specially taxed ..................... 113
for soldiers and seamen ............... 485 as to persons, &ecmanufacturing to-
Artzllery, bacco, snuff, or cigars ....... 124-127
number of regiments of in the army, and in estimating amount of circulation,
how organized ..................... 332 deposits, and capital of banks, &c.
Artillery Horses, when no returns are made ....... 137
appropiation for purchase of ........... 91 as to assessment of taxes on divi-
"Art Union ," the Ship, dends in railroad. &c companies
name of changed to "George M. Bar- in default of returns ........... 139
nard" ............................ 351 as to taxes of successions to real
Asbury Chapd, estate ......................... 141
lot of land may be sold for benefit of con- as to monthly lists made by persons,
gregation worshipping at, in Washing- &ec.liable to tax .............. .150
ton, D. C .......................... 246 as to distillers and rectifiers of dis-
Assassins tilled spirits ............ 103, 154, 157
of President Lincoln and William H. as to brewers, or producers of ale,
Seward, payment and division of re- beer, lager beer, porter, or other
wards offered forthe capture of the 341, 342 fermented liquors ........... 163, 166
Assayers, not to be or become interested in the pro-
definition of, and special tax on ......... 121 duction of spirits or fermented liquors 168
Assay Office, New York, to make statements under oath, as to
appiopriations for the ................. 202 fees, &c............................ 168
Assessors, penalty upon, for accepting, &c. any
of internal revenue, appropriation for money, &c. for compromising, &c any
salaries and expenses of ............. 445 charge for violating the law relating to
not entitled to any part of salary, unless internal taxes ... .................. 483
confirmed by enate, except, &c......445 Asg nes. See Bankruptcy.
Assessors and Assistant'Assessors, in bankruptcy, provision as to choice of,
of internal revenue, appropriation for sal- &c in voluntary proceedings ......... 522
ares, &ec.of ..................... .205 in involuntary proceedings ....... 537
duty of, as to the inspection, marking, and all elections or appointments of, to be sub-
levying tax upon cotton ....... 98, 99, 100 ject to approval of judge ............ 522
when to notify persons to render annual notice of appointment of, to be given and
lists of taxable property .............. 101 how .............................. 524
proceedings of, when persons neglect to evidence of authority and title of... 523, 524
render lists, or render false lists . .. 101, 102 may be required to give bond .......... 522
may summon persons to appear, produce their powers and duties ........... 522-540
books, &c...................... 101 suits by and against ........... 518, 523, 524
may summon witnesses ............101, 102 removal and resignation of, and filling of
summons how served ............. 102 vacancies ......................... 525
certificate of service to be evidence.. 102 certain persons not eligible as .......... 525
penalty for disobeying summons ........ 102 may be punished for contempt ......... 525

HeinOnline -- 14 Stat. 830 1863-1867


INDEX.
Assignees, (continued.) Assistant Collector, (continued.)
not to be obliged to proceed if they have salary of ............................ 417
not funds to defray expenses ......... 531 may enroll and license certain vessels en-
penalty upon, for receiving money, &c.ex- gaged in the coasting trade and fish-
cept as allowed by the act ......... 539 enes ................ ............. 417
to keep accounts to which creditors shall such licenses, &e. to be valid ....... 417
have access ........... ........... 524 Assistant Commissares-Generalof Subsistence,
in cases of copartners ........ 534, 535 number, rank, pay, &c. of. . .... 334
allowance to, for services........... 531 Assistant Commissioners,
commissions of ................... 531 of bureau for relief of freedmen, &c. two -
penalty against, for ofibuces under the additional authorized ................ 174
bankruptcy act .................... 539 their bonds, duties, and salaries .... 174
the word "assignee" to include "assig- who to have preference in the ap-
nees"........................ 540 pointments of .................. 174
Assignment, 4-c. for South COrolma and Georgia to
of pension or any interest therein, void.. 57 examine claims under General
Assignments See Bankrmptcy. Sherman's special field order. 175
in bankruptcy, provisions concerning... 522 Assistant Examiners,
in involuntary proceedings ........ 537 pay of those employed as, in the patent-
what to pass by, and to relate back to office ............................ 66
what time ....................... 522 Assistant Inspectors- General,
what exempt from ........... -...522, 523 their number, pay, -. ............... 384
exemption to operate ad a limitation 523 Assistant Inspectorsof Dwistlle-ies,
to vest what in assignees .............. 523 appointment and dies of ........... 156
to be recorded and where .............. 524 Assistant Judge-Advocate-Genera,
what to be evidence of ................ 524 rank, pay, and emoluments, &c.of . 334
Assinaboines, Assistant Librariansof Conqres%,
appropriations for the ................. 493 appointment of two aditional, authorized 13
Assistant Adjutants-General, Assistant Medical Purveyors,
their number, pay, c .............. 333, 334 number rank pay, &e. of ....... 335....
Assistant Appraisers, to give bonds. .. ... ......
33 ,
of imported merchandise, ten appointed in Assistant Paynastera-Gral.,
New York ..................... 302 number, rank,pay, &c. pf ..... . ...... 335
qualifications, oatb, dnties ...... 302, 303 Assistant Paymasters in te ,6Ty, ,
compensation, and to be paid monthly .. 303 number of, on active list .............. 43
w act under direction of appraiser ......302 mode of appointment of............ 43, 70
their report, approved by appraiser, to be provisions as to examinotiona , ... ,... 43, 70
deemed the appraisemen required by Assistant Postmasters-General,
law ...... . ............... .....302 addttion~l pay.of.............,,.. 324
one to act as special examiner of drugs, in appropriktious for she...........201,451
place of present special examiner. 302, 303 Assistant Professor of Spanish,
one to examine damaged merchandise... 303 at West Point, pay, &c. of ........... 416'
not to be engaged in mercantile business 303 Assistant Quartermasters,
may be required to work more thi usual number, rank, pay, &v.o .. 334
basiness hours .................. 304 provision as to vacanciqs, ft,.......... 334
salaries of, established at $ 2,500, at Assistant Quartermasters-General,
Baltimore ..................... 466 number, rank, pay, 49c. of .......... ,.... 334
Boston ... ..................... 466" Assistant Secrfiartes of State,
New Orleans .................... 466 appropriations for the ............ 194, 444
Philadelphia .................. 466 Assistant ecretaqries of the Treaspw,
Poi tland ...................... 466 Secretary may authorize one of the, to
San Francisco .................... 466 sign in his stead warrants fqr the pay-
Assistant Assessor, ment of money, &fc............. 439,440
may be designated to make assessments authonty how given ............... 439
upon specified objects of taxation .... 472 appropriations for the ............. 444
other assistant assessors to report to ....472 Assastant Secretry qf Interior,.
may act anywhere in county, if parts of additional eorqpansaioiz to, ........... 324
dstrietare embraced therein ....472,473 appropriations for the ........... 197, 447
assessments to be returned where the taxes Assistant eeretanj of the Nqvy,
are payable .................... 473 appointment of an additipnal, for six
appropriation for salaries and expenses months, authorized ................ 54
of........ 445 appropriations for the ........... 200, 450
pay of, to be five dollars a day on and Asstant -ecretary of War,
after March, 1867 ..... ....47 act authorizing an, repealed. .......... 423
allowance to, for office rput discqntiued 473 appxoria=ion fr the ........... 499, 449
Assistant Assessors, Assistant ,oltctor ofte Treasue, '
of internal revenue, Secretary of Treas- ofce of established. .. ....... 207
ury may appoint ................. 2 duties, salary, &c. of .................. 207
See Assessors and Assitant sesos. Assistant Sturgeon- Cenerl,
Assitant Attornry- General, rank,_ay, &c. of, .................. 334
appropriatioas for the .............. 455 Assistant 4iureos,
A sitnt Collector, in the army, number, rank, pay, &c.of.. 335
at Camden, New Jersey, to receire in- vaceacies in grade of) to he flled from as,
structions from collector in Philadelphia 417 sistant surgeons of volunteers ........ 335

HeinOnline -- 14 Stat. 831 1863-1867


IND]tX
Assistant Surgeons, (continued.) Atlantic and Pacif/I Railroad Company, (con-
promotion of these in the volunteer ser- tinued.)
vice .............................. 423 proceedings in taking land for road .296, 297
Assistant Treasurer, to be a post-route and military road ... 297
at Philadelphia, increase of clerical force charges for transportation to be such as
in the office of the ................ 24 Congress directs ................. 297
at Boston, may appoint certain clerks, &c. acceptance of conditions of act, to be in
in lieu of former ones ............... 202 writing and within two years ..... 297
Assistant Treasurersofthe UnitedStates, annual report, rates of fare, &c.. 297, 298
to report annually the condition of the ac- may accept and hold any grant, aid, loan,
counts of dbsburing officers remaining &c ......... ........ 298
unchanged for'three years ........... 42 grant from any Indian tribe to be
salaries of, establibhed at subject to the approval of the Pres-
Boston ............................ 26 ident of the United States ....... 299
New York ....................... 26 Southern Pacific Railroad may connect
St Louis .......................... 26 with .................... ... 299
appropriations for, at the several places.. 202, point of connection, gauge, and rates
203, 452, 453 of fare. ............... 299
for clerks, messengers, and watchmen to have similar grants of land in aid of 299
in the offices of the ............ 452, 453 Atlantic.and Pacific, Tegraph,
Assuming appropnations for .......... 22
to be a revenue officer, and acting as such, Atlantic Cable,
how punished........ ........... 484 expenses of despatches over .......... 415
Asylum. See National Asylum, &c. Naval appropriation for despatches by the, for
Asylum. the Depaitment of State ............ 470
Asylum, Naval, Atlantic Coast. See Public Works.
appiopriations for ................. 37, 490 appropriation for survey, &c of public
Asylum for the Insane, works on ............. ............ 418
in the District of Columbia, who may be Attachment,
admitted to government ........... 93,94 writs of, from the Supreme Court of the
Atlantic and Pactfic Railroad Company, District of Columbia, provisions con-
act of incorporation of ...........292 - 299 cerning .... ...................... 54
location of road and telegiaph line ...... 293 to issue upon affidavit of plaintiff ...... 54
branch easterly to near Van Buren, Ar- affidavit to state what ............... 54
kansas ............................ 293 may be traversed ................. 54
powers, &e and capital stock ......... 293 when may be quashed ............... 54
board of commissioners, quorum ....... 293 money due or to become due any pensioner
first meeting, notice ............. 293 not liable to ..................... 57
organization and officers ......... 293 certain property of householders, &c. ex-
treasurer to give bonds .......... 293 empt from, in the District of Colum-
secretary to be swoin ........ .... 293 bia ............................ 389,390
to open, books for subscription of stock 294 exception ....................... 390
who may subscribe to stock ........ 297 Attachments,
payments therefor, when to be made 298 under State process, to continue in full
first meeting of subscribers to stock ..... 294 force upon and after removal of suit
directors . ........................... 294 from State court to circuit court.. .385,559
to elect officers of company, make on property of bankrupt dissolved by as-
by-laws, &c..................... 298 signment in bankruptcy ............ 522
- See Banlrruptct.
annual meetings of corporation ......... 294 General,
right of way through public lauds grant- Attorney-
edto .............................. 294 appropriations for the office of the. 20,205,455
extent of grant ................. 294 may employ a law clerk ............... 207
to be exempt from taxation ........ 294 additional pay to three clerks in office, for
Indian titles to be extinguished..... 294 seivices under amnesty proclamation.. 205
public lands granted to, in aid of construc- to decide whether certain claims for con-
tion of railroad and telegraph line.... 294 struction of Baltimore court-house, and
extent and conditions of grant and repairs of warehouses and wharves at
selection of lands ........ 294, 295, 296 Staten Island are just and proper..... 26
the word "mineral" not to include to determine the validity of title to lands
"iron or coal" ................. 295 purehased for sites of sea-coast de-
railroad, how to be constructed ......... 295 fences ............ ................ 62
gauge, rail, &c.................... 295 tenure and term of office of............ 430
telegraph line, how to be constiucted .... 295 appropriation for legal assistance to. .448, 449
rates for service .................. 295 to approve of title to lands to be pur-
other railroads may form running con- chased as sites for permanent and tem-
nections with it ..................... 295 porary sea coast defences ........... 488
lands on both sides of hue of route to be to appiove title to lands in Wallabout Bay 492
surveyed ................. ......... 296 to inquire into the condition of all the
odd sections on both sides not sub- funds held by the United States in trust
ject to entry, pre-emption, or side 296 for the Indian tribes .............. 49r
pre-emption and homestead acts ex- to ascertain what remedy exists fbr the
tended to ...................... 296 security of the United States in respect
my take any land necessary for mak- to the nonpaying stocks so held, and
ing road ........................... 296 the value thereof ................ 497

HeinOnline -- 14 Stat. 832 1863-1867


INDEM
AttornyGeneral, (continued.) Baltimore and Ohio Railroad Company, (con-
to ascertain what proceedings should tinned.)
be taken for the security of the termini of road to be agreed upon with the
United States in respect to the same 497 cities of Washington and Georgetown. 250
to report to Congress in December, powers and privileges of the corporation 250
1867 .................... ....497 act of Congress relating to lateral roads
to decide who are the persons entitled to to apply to this ................... 250
appropriations to the Miamies, made extension to be commbned in one year
under treaty ..................... 515 and completed in two ............... 250
title to lower part of City Hall Park in Baltmore and Potomac R. R. Co.
New York to be approved by, before may extend lateral railroad into the Dis-
purchase ........................ .564 trict of Columbia ................... 387
Attorneys, powers, privileges, and restrictions .... 387
to take testimony in court of claims..... 194 rights and immunities ................. 387
Auctioneei s, one lateral road only to be constructed.. 387
definition of, and special tax on ......... 119 before locating road upon, or using mate-
certain persons making certain auction rials from, lands of another, assent of
sales not to pay a tax ............. .119 owner to be obtained ............... 387
Auction Sales, proceedings, where owner is absent or un-
provision as to taxes on ......... 119, 133,134 der disability ................. 387, 388
Auditors of the Treasury Department, or where terms cannot be agreed
appropriations for the offices of the..195,196, upon ... ..................... 388
444 -446 warrant, jury, notice .............. 388
Auditor of Treasus for Post-Office Department, estimating and valing of damages.. 388
transfer of clerks from class three to class in crossing, &e. streets or ways, railroad
four in office of the ................ 394 to be so constructed as not to impede
appropriation for increased expense. 394 travel, &c.thereon ................. 388
appropriation for the office of the. .195,196, wagon ways across railroad ........... 388
445, 446 lots, &c. owned by the United States in
Auditor, Sxth, Washington not to be entered upon or
appropriation for office of the ...... 195,373 used ........ ............... ... 388
"Augusta," The Gunboat, road to enter Washington and pass wkhere,
officers of the, may accept presents from &c............................... 388
the Emperor of Russia .............. 646 level and grade of ................ 388
presents may be admitted free of rates for tolls med transportation of
duty ......................6 46 freight .................... 388, 389
Avenues, of passenger fares ............... 389
appropriation fbr care, repairs, and light. rouad to be commenced in two years and
Ing ........ . ................ 462, 464 completed in four ................. 389
may make special contract tfr carrying
the mail, and transporting persons or
B. property for the United -States ....... 389
Congress may grant to other corporations
Babbitt, Almon W., privileges like those granted hereby... 389
administrators and securities of, released may authorize additional railroads or
from liability Tbr money advanced to .. .581 roads........ ......... ...... 389
Back Pay, may prescribe rules as to speed of
of coloxed soldiers and sailors when to be cars, &c. and the security of per-
paid to widows and children .......... 58 sons and property ............ 389
Bahamas. The no privilege granted hereby beyond the
act to encourage telegraphic communi- District of Columbia ............... 389
cation with ........................ 44 act may be repealed, altered, &c..... 389
Bad, Banking Capital,
under State process to continue in full tax on, beyond the average amount in-
force upon and after removal of suit vested in United States bonds ....... 136
from State court to circuit court 385, 559 how Assessed upon banks with branch-
exorbitant, not to be required in the Dis- es .. ......................... 136
trict of Columbia ................... 402 Bankruptcy,
Bailiffs, act to establish uniform system of, thi ough-
of the courts in thu District of Columbia, out the United States ............... 517
pay of ....... ................... 408 the filing of the petition to be deemed an
Bakeman, Daniel Frederick, act of .................... ....... 521
aJ ension to ......................... 621 district courts made courts of bankruptcy 517
B win, Robert, jurisdiction of ................. 517, 518
patents ftr lands in Missouri, to issue to, to be always open for business under
upon surrender, &c................ 606 this act ....................... 517
Balimore, authority, of judge and court in'term
pay of appraisers, general and local, dep- time or vacation ......... 517,518
uty collectors, naval officers and
sur- may compel obedience to decrees, as
veyors, and custom-house weighers, at, circuit courts do in guits in equity 518
established..................... 308 ulay sit it any place in the district . 518
Baltimore ani Ohio RailroadCo spany, ciruit tburts to have general superintend-
may extend itsrailroad into the District ence and jrisdiction of cases under
of Columbia ....................... 250 this act ............................ 518
VOL. XIV., 58

HeinOnline -- 14 Stat. 833 1863-1867


INDEX.

Bankruptcy, (continued.) Bankruptcy, (continued.)


circuit court may art therein as a parties and witnesses summoned before
court of equity ................. 518 registers to attend in pursuance of sum-
court or any judge may act in term mons ....................... 520
time or vacation ............. 518 to be entitled to protection ......... 520
to have concui rent jurisdiction with to be liable to process of contempt.. 520
district courts in suits by o against wilful, &c.false swearing before register to
assignees in bankruptcy ....... 518 be perjury, and punishable as such.... 520
suits to be brought within two persons examined before registel, refus-
years ...................... 518 ing or declining to answer, or to obey
iights barrgd not hereby irvived 518 his orders, to be referied to judge .....520
jursdietion in bankruptcy in the District order of judge in such case ........ 520
of Columbia, and in the Teititories.
provisions concerning ............... 541 APPEALS AND PRACTICE.
in disticts not within any organized cir-
cuit, the district judge to exercise the appeals from district courts to circuit
power, &c. of a circuit court .......... 541 courts, and wiits of erroi from circuit
courts to district courts, provisions con-
ADMINISTRATION OF THE LAW IN COURTS OF cerning ............ .... ... 520, 521
BANKRUPTCY. appeals, within what time to be taken ....520
when to be entered ............... 520
registers, one or more, to be appointed for may be waived ............. 520
each congiessional district ........... 518 not to be alfowed without bond, &c 520
mode of appointment, and who eligi- writs of error not to be granted, unless, ,
ble ......... ........ ......... 518 &c............................520
bond and conditions thereof ....... 518 no appeal or writ of error to the Supieme
oath to be taken and subscribed ... 518 Court of the United States, unleqs, &c.521
their powers and duties ...... ... 519 justices of Supreme Court to frame general
to keep docket and send copy to clerk orders to regulate practice and proced-
of district court .............. 519 ure in bankruptcy ............... 521
such clerk to make entiy in his relating to duties of offi crs of courts 521
docket ................ 519 fees, costs, and chaiges ........ 521
may interchange duties with other appeals ................... 521
registers ....................... 519 records ................ ..... 521
to state issues of fact for the court, general orders may be rescinded and
where issues are raised and con- new ones made .. ....... 521
tested ..................... 519 to be reported to Congress from
may not commit for contempt ...... 519 time to time ............ 521
may not bear disputed adjudications 519
or question of allowance, &c. of VOLUNTARY BANKRUPTCY. - COMMENCEMENT
an order of discharge-....... 519 OF PROCEEDINGS.
not to be of counsel in any suit, & ...... 519
nor assignee, &e ............. 519 who may apply for benefit of the act ....521
fees of, how established, and by whom petition and in what district .......... 521
to be paid ................ 519, 540 to state what ........ ........... 521
may be directed by district judge to schedule of debts and creditors to be an-
attend at any place in distiict to nexed to petition ................ 521
hear voluntary applications, &c... 519 how to be verified and to contain
tra'elhng and incidental ex- what ......................... 521
penses thereof, and of attend- inventory of property to be annexed ....521
ing officers, how to be paid.. 519 how to be verified and what to con-
wbjle so acting to have powers of dis- tain ................. ........ 521
trict court, except, &c ............ 519 the filing of such petition to be an act of
removal of from office, filling vacan- bankruptcy ........................ 521
cies, &c .................... .519 petitioner to be adjudged banki upt .... 521
depositions taken before registers and oath on filing the petition and before pro-
other acts done by them to be reduced ceedings taken ............. ......521
to writing and signed ............. 519 warrant, how to issue, and to whom di-
to be filed in cleik's office as part of rected ............................. 521
pioceedings .................... 519 marshal to act as messenger ............ 521
,during proceedings beforeregisters, opin- to publish and serve notices .....
521, 522
ion of district judge may be taken on notice, how to be served, and to state
any matters arising therein .......... 520 what ........................... 521, 522
register to make certificate to judge,
&c............................ 520 ASSIGNMENTS AND ASSIGNEES.
effect of certificste if signed ........ 520
in any proceedings in bankruptcy, ques- at meeting held in pursuance of notice,
tions in a special case may be submitted register to provide .................. 522
to the court ....... ...... ...... 520 messenger to return warrant ....... 522
judgment of court to be final, unless, if notice insufficient, meeting to be
&c ............. .............. 520 adjourned and new notice ....... 522
parties may make an agieement con- if debtor dies after issuing of wet-
ditioned upon the decision in such rant, proceedings may continue,
special case .................... 520 as if he were alive .............. 522

HeinOnline -- 14 Stat. 834 1863-1867


INDEX.
Bankruptcy, (continued.) Bankruptcy, (continued)
assignees, one or more, to be chosen at effect of recording assignment........ 524
first meeting of cieditors ........... 522 to relate back and how to operate.. 522
choice to be by gt eater part in num- to dissol, e any attachment on mesne
ber and value of creditors who process made nithin four months,
have proved debts ..... .. 522 &C..................... 522
certain not to vote for, or be eligible what pioperty of debtor exempt fiom
as ....... ... ....... 525 assignment .. .... 522, 523
judge or register to appoint in case exemption, how to operate . 523
of no thoice . .- .. . 522 certain mortgages of personal piop-
to signify acteptance in writing with- erty not to be invalidated thereby 523
in five das .............. 522 what property and rights to be vested in
otherwise, judge or xegister to the assignee by the adjudication in
fill vatancy .. .... .... 522 bankiuptey and the appointment of
to give bond, when requned .... 522 assignee ......... ..... 523
how to be apploied and how pioperty held in tiust not to pas . 523
conditioned .......... 522 what to 4e evidence of assignee's
failing to gi'e bond, assignee to be title to property ......... 523
iemoed and another appointed in suits by and against assignees . . 523, 524
his place ......... . 522 not to be abated by death or iemoial
all elections and appointmeits sub- from office. . . .523, 524
ject to approval of judge...... 522 not to be maintained against assignee,
additional may be appointed ... 522 without previous notice....... .523
notice of appointment to be given notice to state ant, and ashy
and how .... . . . 524 given .. ..... 523
may redeem or dischalge mottgage certified copy of assignment to be
on conditional contla(t ..... 523, 524 conclusive evidence of authority
to demand and receive all the estate to btug suit ......... 524
assigned .. . 524
to sell all onencumbered estate ... 524 DEBTS AND PRaooF OF CLAIS
conit may, on petition, make or-
ders as to sale. .... ..... 524 debts and demands provable against the
to keep accounts of money received. 524 estate ..................... 525
cieditor, to have lice resoit liabilities as drawer, indorer, &c .525, 526
thereto .. . .. 524 contingent debts and liabilities .. 526
to have same power as debtoi to re- liabilities as bail, surety, guarantor, &c . 526
cover, &c . ...... .. . 524 where the whole debt has been paid 526
may piosecute pending suits . 524 sliere part is paid, &c . . .. 526
pNlton as to suit, pending 524 liabilities to pay rent, or other debts, fall-
to deposit moneys receised and in iog due at stated periods ......... 526
what manner ... ... - 524 for unliquidated damages in contracts
to keep effei ts of the estate sepaiie. 524 or toits 526...........5
to make temporaty investments by no other debts than those specified, piov-
oidel of court ..... ... 524 able..................... 526
to make deposits to bear interest, by mutual debt, and credit, . 526
appioial of judge or register 524 account to be stated and balance only
to give notice of meetings..... 524 proved ............. 526
and written notice of dividends. 524 set-off not to be allossed of claims
may ietain, out of moneys in his put chased after filing the petition 526
hands, necessar disbur'ements persons having hens or securities, to
and reasonable compensation .- 525 prove balance only ............ 526
may submit controversies to arbitra- if value of secuisty exceeds the debt,
tion. ... .. .... 525 what course to be taken ..... 526
may settle controversies 5......525 no part of debt to be proved, unless se-
may be removed by the court . 525 curity is sold, or released, &e......... 526
or by cleditors with the assent creditors proving debts to be held to have
of the court ............ 525 waived all rights of action, &c .... 526
may resign and be discharged from proceedings already commenced, to
trust by consent of court .. 525 be deemed to be discharged.... 526
vacancies in office of, how filled 525 creditors whose debts are provable, not to
resignation, &c of, not to releise prosecute stuts to final judgment, until,
fioma duty of closing up trust . 525 &C ...... .. ...... .. 526, 527
no liability of suiety, &c on his suits to be stayed, &c............ 527
bond ...... ..... 525 if bankrupt is liable in distinct contracts,
if number is ieduced, estate to vest what course to be taken ...... .. 527
in those semalning. ..... . 525 proof of debts of resident creditors .... 527
may be punished for contempt, in of non-residents .............. 527
refusing to obey lawful oider of claims to be verified by a deposition in
court ..... ........ 525 writing and on oath or affirmation 527
court may make orders ........ 525 oath by and before ashom...... 527
assignment, how made and what to con- deposition to state what ..... 527
vey. ...................... 522 no claim to be allowed unless all state-
to be ecorded in certain registries of ments in the deposition appear to be
deeds ....................... 524 true............................. 527

HeinOnline -- 14 Stat. 835 1863-1867


INDEX.
Bankruptcy, (continued.) Bankruptcy, (continued.)
claims of corporations, how verified. ... 527 accounts of assignee to be verified by oath 530
if proof ig satisfactory to register, &t to schedule of cieditois and property to be
be signed and sent to assignee ...... 527 exhibited ... ... ........ 530
duty of assignee as to such claims reason to be gien for not collecting any
and proof ............. 527, 528 pioperty outstanding ......... 530
to make entry in his books. 528 creditors at such meeting to decide as to
books to be open to all .... 528 division of, and of what part of, net
bankrupt may be examined upon oath . 528 proceeds of estate ............ 530
any person may be summoned to give esi- majority in value piesent to decide 530
dence concerning claims ........... 528 sum sufficient for unde:ermined
if claims ame piesented for proof before claims, expenses, and contingen-
election of assignee, and the judge cies, to be reserved ...... .. 530
doubts the validity ot claim, proof may unless one half of cieditors in value
be postponed ................... 528 shall attend in peison or by attor-
persons accepting preferences hereafter ney, assignee to determine upon dini-
not to prove debt or receive dividend, dend ........... .... 530
until everything leceived in pref rence if dividend is ordeed, register to prepare
is given up . . ........... .528 a dividend sheet ........... . 530
list of debts proved to be made ...... 528 to forwaid by mail statement of his
creditors may act by attorney ......... 528 dividend to each cieditor. . . 530
proceedings on appeals from decree of dividend to be paid as court directs .. 530
distitet court disallowing claims .. 528 like pioceedings to be had after next thiee
final judgment of circuit court to be con- months or earlier .... ... .. 530
clusive ...................... 528 final dividend to be then declaied un-
costs of appeal ................... 528 less, &c........................ 530
evidlences of debts left in court may be de- other dividends to be made fior time
hvered, to whom and how......... 528 to time if necessary ....... 530
after third meeting of cieditors, no fuither
PROPERTY' PERISHABLE AND IN DISPUTE. meeting to be called, unless ordered by
proceedings in regard to perishable piop- court. .................. 530
erty ......................... 528 claims and debts that cannot be collected
where the title is in dispute .. 528, 529 without unreasonable delay, may he
sold by assinee under direction of the
EXAMINATION OF BANKRUPTS. court . ................ .. 530
dividends declied, not to be disturbed by
bankrupt may be examined upon oath . 529 debts subsequently pruved......... .m0
examination, how conducted . 529 creditois entitled to equal di%idends
witnesses compelled to attend .. 529 on such debts, and to payment
proceedings if bankrupt is imprisoned, or thereof before other payments are
disabled from attendance ........ .529 made to other creditors .... ...530
banki apt to be subject to the order of the preparatory to final dividend, assignee
court......................... 529 to submit accounts, and notify credi-
to do all acts, &e .......... 529 tors... ..... ...... ... 530, 531
if bankrupt is without the district and court to audit and pass accounts ..... .531
unable to return, &c and such absence, to discharge assignee from further li-
&c be not wilful, he may afterward at- ability, if found correct ........ 531
tend, as though not in default ....... 529 to order dividend ............ 531
bankrupt may correct schedule of cred- allowance to assignee for services.... 531
itors and of property ........ ... 529 commissions ..... ...... 531
not liable to arrest in civil action during if assignee has not funds sufficient to de-
pendency of proceedings in bankrupt- fray expenses, he shall not be obliged to
cy, unless, &c................ .529 proceed .................. .. 531
wife of bankrupt may be required to final dividend then to be made ....... 531
attend court and be examined as a in order for dividends, ceitain claims to
witness .... .... ..... ... ... ... 529 have priority .............. .. 531
if she does not attend as ordered, he fees, costs, and expenses of suits and
not to receive his dischai ge, unless, pioceedings and for custody of
&C..... ... ............ .. .. 529 property ..... ... ........... 531
debts t ae the United States, taxes
DISTRIBUTION OF THE BANKRUPT'S ESTATE. and assessments ............. 531
all creditors entitled to share in the estate debts due the State and taxes and
pro rata, except, &c .............. 529 assessments ............... 531
certain wages due to operatives, wages due to certain persons to a cei-
clerks, and house servants to have tain amount for labor peiformed
priority ................ 529, 530 within a certain time... .... 531
bail, sureties, &e not to receive their debts due to persons entitled to pri-
share until proof of payment of their ority by law................. 531
liability .............. ........ 530 assessment or collection of taxes by the
such share may be paid into court to United States or any State, not affected
await, &C ................. . 530 hereby ........ ................... 531
after three months assignee to make re- when either second or third meeting is
port and exhibit accounts, &c. to gen- not called in due time, court may order
eral meeting of creditors ........... 530 such meetings ...................... 531

HeinOnline -- 14 Stat. 836 1863-1867


INDEX.
Bankruptc, (continued.) Bankruptcy, (continued.)
BANXRUPT'S DISCHARGE AND ITS EFFECT. PARTNERSHIPS AND CORPORATIONS.
bankrupt may apply to court for a dis- warrant may issue to take the joint and
charge ................ .. ....... 531 separate estate of the partnership and
within what time application may be partner .......................... .534
made ...................... 531 creditors of partnership, and separate
notice thereof by mail and by publica- - creditors of partners to piove their
tion to creditors to appear and show debts ....................... ...... 534
cause, &c ................ 531 assignee to be chosen by creditors of com-
discharge not to be granted, or, if granted, pany ................... ....... 534, 535
not to he valid if, &c ............ 531,532 to leep separate accounts of assets of
before being granted, bankrupt to copartnership and of individual mem-
take and subscribe an oath that bers ....................... 535
lie has done nothing to cause the net proceeds of the several estates, how
withholding or invalidation of to be applied. ..... -......... 535
his discharge .............. 532 certificte of discharge to be granted or
persons once dischaiged, and again bank- refused each partner, as if proceedings
rupt on their oN n application, not to were alone against him ............. 535
be dischaiged, unless, &c.......... 532 if partneis reside in diffeient districts, the
those a second time bankrupt may be dis- court in which the petition is filed, to
charged as at the first time, upon proof retain jut isdiction ............... 535
of payment of, or release fiom, all pre- this act to apply to all moneyed business
vious debts ....... ........... ... 532 or commercial corporations and joint
creditois opposing discharge, to file speci- stock companies ................. .535
fication in writing ............. 532 pioceedings by and against such com-
question of fact so aiasing, where to paiiies .... ....... ............ 535, 536
be tiied ............. ... ....... 532 fraudulent preferences and conveyances
certificate of dischai ge, form and effect of 533 by, to be governed by same law as in-
certain debts not dischaiged under this, dividual debtors ........ ......... 535
act ......... ....... .. . .... 533 no allowance or dischlarge to be granted
debts may be prosed and receive to any corporation or joint stock com-
dividend .... .......... .... 533 pany .............................. 535
dividend to be deemed a payment not to any officer or member theleof 535
on account .............. 533 when corporation is declared bankiapt,
discharge not to affect the liability of co- its assets to be distributed among its
partner, joint contractor, indorser, &c . 533 creditois ........................... 535
in proceedings commenced after one year
from act taking effect, discharge not to DATES AND DEPOSITIONS.
be granted, unless assets pay fifty per
cent of debts, unless assent, &c .... 533 filing of petition to be deemed the com-
discharge to release bankrupt fioma all mencement of proceedings ........... 535
debts provable ..................... 533 proceedings in all cases to be deemed
how may be pleaded ............ 533 matters of record .................. 5s5
validity of may be contested ...... 533 how to be kept ................ 535
proceedings in such case ... 533 not to be recorded at length ........ 535
to be commenced within two copies of records-, under seal of court, to
years ..................... 533 be prima facie evidence ............. 536
notice to bankrupt ........... 533 evidence or examinations in any proceed-
if court find any alleged fraudulent ing under this act, how and before
act proved, and that it was un- whom may be taken ................ 536
known to creditor at time of grant- attendance of witnesses, production of
ing discharge, discharge to be an- books, &c. and giving of testimony,
nulled.................... 533 may be compelled .................. 536
if no fraud is proved, or, if proved,
it was known, &c., discharge to INVOLUNTARY BANKRUPTCY.
stand ......................... 534
what to be deemed acts of bankruptcy.. 536
PREFERENCES AND FRAUDULENT CONVEYANCES. persons committing, to be adjudged
bankrupts .................. 536
preferences and fraudulent conveyances proceedings in such case *..... 536
declared void ...................... 534 one or more creditors may petition...... 536
sales, &c not made in the usual and ordi- their claims to amount to $250 ..... 536
nary course of business of she debtor, petition to b brought within six months,
to be prima facie evidence of fraud ... 534 &c............................... .536
contracts, conveyances, &c. in trust for a if persons are declared bankrupts, assignee
creditor, void ....................... 534 may recever money, &c paid, &c.
or with intent to induce forbearance. 534 contrary to this act, if creditor receiv-
creditors receiving money, &c. as an in- ing had reasonable cause to believe, &c. 536
ducement for foibearance, or for con- such creditor not to he permitted to
senting to discharge, to forfeit share in prove his debt .................... 536
dividend ant double amount received. 534 upon filing petition debtor to be notified
such amount to be recovered by as- to appear and show cause ............ 536
signee ......................... 534 within what tume to appear ........ 536

HeinOnline -- 14 Stat. 837 1863-1867


INDEX.

Bankruptcy, (continued.) Bankruptcy, (continued.)


debtor may be enjoined from disposing of
PENALTIES AGAINST OFFICERS.
his pioperty .................... 536, 537
the court may issue warrant to marshal penalty upon judge, segister, marshal,
for his detention, if, &c. unless he gives assignee, clerk, or other officer of courts,
bail, &c..... ............ ...... 537 for taking, &c any giatuity, or fee, &c.
may direct maishal to take possession of except as allowed by law ......... 539
his pioperty .................... 537 for forging the signature of a judge,
copy of petition and order to show cause register, or other officer of courts. . 539
to be served on debtot ............. 537 the seal of the cott......... 539
how to be served ............... 537 for knowingly using, oi tendering in
further proceedings ............. 537 evidence, any false signature, seal,
allegations of petition to be summarily &C............................ 539
heard ............................. 537
proceedings may be adjourned ......... 537 FEES AND COSTS.'
fact of alleged bankruptcy may be tried
by jury ... ...................... 537 fees for the services of the registers ...... 540
pioceedings to be dismissed, if debtor to have piioiity of payment ....... 540
proves that facts set forth in petition befose watiant issues, petitioner to de-
are not true, &c ................ 537 posit fifty dollars for payment of fees..540
or that he has paid, &c.......... 537 if assets of estate aie not sufficient to pay
respondent to recovei costs ....... 537 the fees, the peison on whose petition
debtor to be declared a bankrupt, if facts the warrant was issued to pay the
set forth in petition are found to be same ........ ... ....... ........ 54
true ......... ......... .......... 537 execution to issue therefor ......... 540
warsant to issue, &c............ 537 fees of messenger .............. 540
older of adjudication of bankruptcy to be paid out of the estate by as-
to requuie what ............ 537 signee, before any dividend is ot-
schedule of creditor and inventory of dered . ...... .. .... ... 540
estate ..................... 537 ponit may prescribe a tariffof fees..... 540
by whom to be prepared if bankrupt may reduce the fees established by
is absent, &c..... ....... ..... 537 this act.................. 540
if debtos has failed to appear in person or
by attorney, certified copy of order to MEANING OF TERMS AND COMPUTATION OF TIME.
be set red on him ................ 537
if petitioning cieditor shall not appear the words "assignee," "creditor," "mes-
and proceed on the return day, &c. the senger," to include what ......... 540
couit may upon petition of other cred- the words "marshal," "peison," "oath,"
itor of sufficient amount, piocced to ad- to include what ................ 540
judicate on petition without new notice in computing time, first day to be exclud-
to debtor ........................ 537, 538 ed and last day included ....... 540, 541
when last day falls on Sunday,
SUPERSEDING PROCEEDINGS BY ARRANGEMENT. Fout th of July, &c. that day also
at first meeting of cieditors, or at any to be excluded .............. 541
meeting specially called for that pur- jurisdiction undet this act conferred upon
pose, &c. three fourths in value of the the Supreme Court of the District of
cieditors may determine to settle the Columbia, and of the Territories, when
estate by tiustees ................... 538 the bankrupt resides in said Districtor
such decision to be repoited to court 538 Territolies .... ........ .... ... . 541
tiustees to be nominated .......... 538 in districts not within any oiganlzed cir-
if court appi oves, decision to be confirmed 538 cuit, the disttict judge to exercise pcsser,
consent of cieditots to be filed ........ 538 &c. of a ci cuit court ............. 541
estate, &c. to be conveyed or delivered to when act takes effect .................. 541
trustees ....................... .. 538 Banks and Bankers,
such pioceedings to bind creditors who definition ot, and special tax on-----. 115
do not assent, or who do not prove their certain savings banks not to pay a tax... 115
claims----------------------------538 tax upon outstanding euculation, &c .... 146
court shall direct all things necessary to tax upon dividends of................ 1
be done ........... ............. 538 Barbarp Powers,
trustees to settle the estate, and have all a propriations fat intercourse with... 224, 413
the rights and powers of assignees in Barcelona,
bankruptcy ....................... 538 pay of consul at, established ........... 225
if decision ot creditors is not approved by Barcayl, J. Judson,
the court, &c. bankruptcy proceedings payment to .......................... 596
to go on ........................ 538 .Bard'sCaptainS. W.,
time spent in these proceedings not company of cavalry to be paid .......... 90
to be calculated, &c............. 538 Barqe Offlce,
in New York, appropriation for ......... 460
PENALTIES AGAINST ANKREPTs, Barges,
penalties against bankrupts for secreting, carrying passengers, while in tow of
concealing, or removing property . ... 539 steamers, to have fire-buckets, axes,
for destioying or mutilating records, and life-preservers ................... 228
&c. ......................... 539 Barracksand Quarters,
for othe foibidden acts ........... 539 for engineer troops, appropriations for... 488

HeinOnline -- 14 Stat. 838 1863-1867


INDEX.
Barrels, Beer, Benham's Island,
fractional parts of.................. 164, 475 may be taken for use of armory, &e. at
Barrels,4-c See Internal Revenue. Rock Island ...................... 76
containing, or supposed to contain, dis- Benicia, Ca~lornza,
tilled spirits, may be seized by, &e. title of the United States to land in,
when, &c.and be detained ........... 482 granted to, in trust .................. 209
persons drawing articles subject to tax, Berkeley County, West Virginia,
from those marked, to efface the tax... 482 consent of Congress to transfer of, from
penalty for not doing so ........... 482 Virginia to West Virginia .......... 350
atrels, &c. maybe forfeited ........ 482 provision as to jurisdiction of court of
Barron, Francis, claims extended to .............. 360
pension to ....................... 628 provision as to the United States direct
Barton, Miss Clara, tax in . ........................... 568
appropriation to reimburse for amount Berry, Alinura Al,
expended in searching for missing sol- pension to .......................... 591
diers of the army of the United States 350 Bzennial Register,
printing for, to be done by public printers 350 compilaton and supervision of.......... 324
Battalion of Engineers, Bilai d Ioms and Bowling Alleys, Pi priators of,
provisions concerning ................ 335 definition of, and special tax on ......... 120
pay and allowances of quartermaster ser- Billiard Tables,
geant of......... ................ 393 annual tax on ........................ 135
Bawdin, James, Bills of Lading, Domestic and Inland,
patent to issue to heirs of, for land at tax on .............................. 145
Eagle Harbor, Lake Supeior ........ 578 stamp duty on, not to apply to vassels be-
title of the United States only reli- tween United States and British North
quished ......... ............. 578 Anlerica .......................... 475
Beach, Jonathan W, Binding, Public,
pension to ........................... 598 appropriations for .............. 41, 193, 443
Beacons and Buoys, Bshop, James M.,
appropriation for expenses of.. .312, 313, 458, payment to, for services as assistant asses-
459 sor ...... ......................... 634
Beale, Elias, Blackfeet Indians,
account of, for services and allowances as purchase of annuity goods for, in lien of
a iaptarn, to be audited and paid ....- 636 those destroyed by file ............... 208
Beals and Dron, appropriations for the .......... 208, 273, 508
accounts of, to be adjusted and paid, if treaty with, of Octobn 19, 1865 ........ 727
they have legal claim for increase of authority and jurisdiction of the United
contract price ...................... 607 States acknowledged .............. 727
Beatty, Samuel Jl, persons and property of other tribes not
payment to, for pay and allowances as a to be first attacked .............. 727
chaplain ...... . .................. 635 contrbversies to be submitted to the arbit-
Beaufort, rament of the President ........... 727
collection district of, established ........ 411 Indians to withdraw from overland
boundaries of.................... 411 routes ............................. 728
port of entry of.................. 412 annuities to, for twenty years ........... 728
port of entry may be changed ratifeaton, with amendment ........... 729
to Morehead City ........... 411 Blake, Charles M.,
collector, residence, salary, Lie. 411 payment to, as chaplain ............ 609, 612
Beaufort, S. C., Blanch/rd, Henry P.,
salary of collector of customs at, estab- payment to, for services as marshal at
lished ....... .................... 308 Canton, China ..................... 626
Becker, Ernestine, Blank Books, Blanks, 6-c,
cnson to ................. ..... 624 how furnished to officers of the customs 309
Becktey, John B, Blankets, Bedding, and Stores,
claim of, for loss of property in carrying in surgeon-general's department not need-
the mail, to be audited and paid .... 644 ed for government use, may be trans-
limit to amount to be allowed ...... 645 ferred to National Home for Soldiers'
Beer, and Sailors' Orphans ................ 351
provisions of internal revenue law for the Blind, Institutions for the,
produeton and taxation of .. 163-167, 475 certain articles manufactured in, not ex-
stamps for, how to be provided ......... 165 empt from tax ...................... 475
fractional parts of a barrel, and how ac- Blockade,
counted .................. 164, 475, 476 decree of, of Matamoras and other Mexi-
See Internal Revenue. can ports declared null and void..... 814
Beets, Board of Examiners,
machinery to make sugar from, to be free for site near Portland, Maine, for fresh-
of duty for one year ............. 330, 571 water basin for iron-clad vessels of the
Beet Sugar, navy .............................. 357
machinery imported for manufacture of, Boats, Barges, and Flats,
to be free of duty ................... 571 not used for passengers, and not propel-
Behring's Straits, led by steam, &c. and used exclusively
survey of ........................... 38 for carrying coal, minerals, or agi icul-
Bence, Charlotte, tural products to maiket, to pay an an-
pension to ........................... 577 nual special tax .................... 136

HeinOnline -- 14 Stat. 839 1863-1867


INDEX.
Boggy Depot, Bonds of the United States, (continued.)
in Choctaw, &c. Territory, land-office es- public debt not to be thereby increas-
tabhlihed at .... ...... ........ 774 ed ........... ..... 32
Bode? s, issued under the act to aid in the con-
for distilling not to be made, or set up, struction of a railroad and telegraph
without, &c ...... ......... .... 154 line from the Missouri Rivei to the Pa-
Boilers of Steamboats, cific Ocean may be of larger denomi-
regulations fo' construction of........ 227 nations than $1,000 .. ...... . 255
maximum woiking pressure of. ...... 227 raioad company to have the option
safety-valves, how loaded and secured .. 227 whether they will receive them .. 255
alloyed metals on, to be fusible, and at penalty for buying, receiving, &c. any
what temperature . ..... 227 counterleit, &c. with the intent that the
water-gauge and gauge-cocks .......... 227 same shall be passed as genuine ... 383
Bois Forte Band of Chippewas, Bonnets,
appioprtation5 for the ........ 257, 274, 494 tax upon ........................ 474
Bois Forte Indans, Books and Papers,
treaty with, of April 7, 1866 .......... 765 warrants fol seizure of, any drstict judge
peace and friendship ........... 765 may issue .. . ........ 187
cession of lands to the United States .... 765 Btuika vlAcuaut. See Bankmraptey
boundaries .. . .... 765 piovisions as to production, &c. of, under
the United States to set apai t a resetiva- the bankruptcy act ...-.....5-3, 536
tion of not less than 100,000 acres.765, 766 penalty for concealing, alteiing, &c ... . 539
to erect thereon shop, school-house, Books, Papers, and Invoices. See Frauds on
houses foi chiefs, and agency-house, the Revenue
and storehouse ....... .. . 766 warrant for seizure of, in case of suspec$ed
to pay annuities foi twenty yeais .. 766 fiauds on the revenue ............ 547
objects theieof .. ...... 766 Boston,
to be paid on the reservation, if, &c 766 appropriation for navy-yard and hospital
grant of lands not mineral to cetirai per- at .... ..... .... ......... .35, 36
sons for setvices . . . .. 766 right of dranage bought .......... 35
inconsistent piovisions of former treaties clerks in office of assistant tieasnei at.. 202
abrogated ............- 766 pay of appraisers, general and local, dep-
part of treaty of September 30, 1854. to uty collectors, naval officers and sur-
remain in full force . . .. 766, 767 veyois, and custom-house iseigheis at,
payment of expenses of delegation to established ......... ........ 308
Washington .. ..-. 767 commissioners appointed to select a proper
ratification, with amendment.. ... 767, 768 site lot the post-office and sub-tiesui-y
Bond, in .......... ............... 573
of special collecting, &c agents of Post- Boston la?bor,
Office Department .... .... 61 appropriations for sea-walls on islands in 61
of superintendent of public printing to be Botanic Gaden,
increased ...... .......... 347 appiopriation for sewer through ........ 325
of supervisini, and local, and assistant in- proposals for constructing sewer to be ad-
spectors of steamboats ... .... 229 vertised for, &c ..... ............. 325
penalty for buying, receiving, &c. any work, how to be let, and report ..... 325
counterfeit, &c with the intent that the Botanic Garden and Greenhouses,
same shall be passed as genuine . 383 appropriations for the ...... 21, 193, 314, 443
See Penalty. Boucher, A argaret,
for removal of distilled spirits from bond- back pension to be paid to ............. 626
ed warehouse, upon forfeiture of, obli- Boahgny, John E.,
gets to pay what............. 483 land claim of widow and children of, con-
how to be collected .............. 483 firmed ....................... ... 635
to be put in suit, if, &c ......... .. 483 new certificates to issue to Mary
Bonded Goods, Elizabeth Bouligny ............. 635
exportation of certain, and for transpor- Boundary Line,
taon in bond, provisions concerning . 8 between tie United Statesand the British
Bonded Warehouse, possessions, expenses of commission to
attached to a distillery, spirits stored in to run the................. 226, 415
be tansfetred to general bonded wate- sut vey of, between California and Oregon 465
house if conveniently located ........ 482 beti een Oregon and Idaho ....... 466
See Internal Revenue northein of New Mexico ......... 466
Bonded Warehouses, of the Chetokee country to be run and
ploceeds of goods sold after remaining marked . .......................... 805
three years in, less expenses to be paid of the Creek country to be surveyed..... 788
to owneus, &c ................... 330 Bounties,
time of withdrawal of certain goods from, for the destruction of enemies' vessels... 37
for consumption extended ......... 8 piovisuons concerning..............352
Act.
8 See Bouny
as to such withdrawal.... of colored soldiers and sailors, when to
Bonds, provisions
of inspectors of internal revenue, provi- be paid to widows and children ....... 58
sion concerning ............... 484 to colored soldiers, provisions respect-
Bonds of the United States, ing gSee ....
Colored 357,
Soiers. 358, 367, 368
treasury notes may be ieceived a ex-
change for ......................... 31

HeinOnline -- 14 Stat. 840 1863-1867


INDEX.

Bounties, (continued.) Brazil, (continued.)


to vessels engaged in the fisheries re- lutions of sorrow ann sympathy adopt-
pealed .. .......................... 328 ed by the chambers of senators and
See Fishing Bounties. deputies of, on the death of President
of deceased Indian volunteers among the Lincoln ....................... .. 572
Cherokees, how to he applied ........ 805 resolution to be forwarded to the Emperor
Bounties to DiscliarqedSeamen, of, with the request, &c.......... 572, 573
approplation for................. .3 Brazos de Santiago,
Bounty, salary of collector of customs at, estab-
in applications for, where discharge has lished ................ ........... 308
been lost, certain secondary proof may Breakwater,Hat bor, and Ship Canal,
be admitted of its issue........... 423 to connect wateis of Gieen Bay v ith Lake
pavmastei -general to prescribe gen- Michigan, grant ot lands to Wisconsin
ela rules therefor ............... 423 for ................................ 30
Bounty Act, BreaLwaters,
for soldiers discharged on account of appropriations for repair, preservation,
wounds ieceived, &c .. ....... .352 &n of, at various places ..... 71, 74
the words "or in the line of duty" to be Breese, Lieutenant Commander S L,
how construed ..................... 352 may be appointed to the active list of the
Bounty, Additional, navy .............................. 567
of $100 to certain enlisted soldiers hon- Brent, Jane D., ,
orably discharged ...... ........ 322 pension to ..... ................. 593
when to be paid to widows, minor Brevet Rank,
childien or parents ........... 322 may be conferred on officers in the army
of P 50 to certain enlisted soldiers honor- for gallant conduct in the volunteer
ably discharged ..... ....... 322 service, prior, &c ...... ........... 517
when to be paid to widows, minor Brewer, Charles, 6- Co,
children or parents .......... 322 payment to, as agents of owners of the
soldiers who have sold, &c their discharge Hawaiian bark " Kamahamaha V.,".. 599
papers or interest in bounty not enti- Brewers,
tled to bounty .................. 323 definition of, and special tax on ........ 117
applying fbr bounty to make oath, provi ions of the internal revenue, con
&c. ............ ....... 323 cerning .................. 163-167
claim for, not to be entertained, except, relative to the production of ferment-
&c .. .................... 323 ed liquor .................. 163
rules for accounting, &e. officers in paying See Internal Revenue, p. 895.
claims of widows and heirs for addi- Brbes, 4-c ,
tional bounty ................... 323 penalty for offering to officers of revenue
to certain Indian regiments, payment pro- to affect their conduct ............ 186, 187
vided for ..................... 360 upon officers for receiving .......... 187
resolution declaratory of the law of.. . 363 Bridge,
enlisted men detailed for special duty not over Big Sioux River, appropriation for. 21
thereby to be deprived of ......... 363 may be built across the Mississippi River,
Bounty M1oney at Quincy, Illinois, and railroad tracks
of marines, &e enlisting into the navy laid thereon .... ...... ......... .. 244
from the army not to be deducted from mode of construction of ......... 244
plize money.....................14 question of.obstruction to navigation
Boynton, Rev Charles B, by, may be tried where ......... 244
payment to, as chaplain of the House of draw in, how constructed and man-
Representatives ................ 613 aged .......................... 244
Branch Aints, made a lawful structure, and a post
in California, appropriations for ....... 24 route .................... 244, 245
salary of treasurer at ............ 26 may be built across the Missmssippi by the
at San Francisco and Denver, appropna- Chicago, Burlington, and Qiucy Rail-
tions for the 202,452,453 road Company ................... 245
at New Orleans, Charlotte, and Dahlon- at the town of Hannibal, Missouri.. 245
ega, may be discontinued ......... 203 between Prairie du Chien and North
machinery, fixtures, .&c. may be re- McGregor .................... 245
seived or sold ............... .203 between Keokuk and Hamilton .... 245
Brandy, between Winona and the opposite
to be imported in casks or packages of bank of the river ................ 245
what capacity .................... 328 between Dunleith and Dubuque . . 245
in less quantities, if shipped after Oc- between Saint Louis and East Saint
tober 1, 1866, to be forfeited ..... 328 Louis ..................... 245, 246
from grapes, internal revenue tax on 131,477 across the Missouri River at the city
penalty or selling as such, any fired not of Kansas ................... 245
in fact such ... ......... .......... 477 Bridge at Rock Island. See Rock Island.
simulated fluid to be forfeited ....... 477 appropriations for erections of .......... 485
Brazd, how may be used .................... 485
mail and steamship service with ...... 49, 324 Bridges,
to take effect when she does her part .... 49 tax on gross receipts of ................ 475
mail steamship service between the United Bridges in Washington,D. C.,
States and, appropriation for ....... 394 appropriations for, 17 - 19, 813, 325, 456, 462,
acknowledgment by Congress of the reso- 469

HeinOnline -- 14 Stat. 841 1863-1867


INDEX.
Bridges in Washington, D. C., (continued.) Bureau for Relef of Freedmen and Refugees,
for draw-keepers of the ............... 456 (continued )
for repairs, &e of ................ 462, 469 leases to, when may be changed to
Bridges over the Potomac, certificates of sale ........... 175
sm veys and estimates to be made for near lands now unsold, haw to be disposed
Aqueduct Bridge and Long Bridge in of ...................... 175
the Disnict of Columbia .......... 574 other lands bid in at tax sales, except
examination to be made as to their "school farms," to be disposed of in
obstructing navigason ........... 574 parcels .............. .. ..... 175
Brigadier-Generals, to whom, in what quantity, and for
ten of the army, their pay, emoluments, what puce................. 175
and staff ........ ............... 333 not to he alienated within six yeats 175
Bntish Vessel, The Maqwsenne, to be surveyed into lots of twenty
payment to owners of, and shippers of acies each ..................... 175
caigo by .. ...................... 601 "school farms" to be sold at public auc-
amount, how distibuted ........... 601 tion, subject to leases .............. 175
Brokers, when and for what pice ....... 175
definition of, and special tax on ........ 116 lots in Pott Royal and lots and houses in
Brooklyn, the City, Beaufort ..................... 175
exchange at lands to be effected with, in proceeds of sales, how invested and ap-
Wallabout Bay ..................... 492 plied ......... ...... ..... ...... 175
Brown, Henry K, assistant commissionei for South Caro-
Secietaiy of War to contract with, for the lina and Georgia, to examine claims
erection of a bronze equestrian statue under General Sheiman's special field
to Lieutenant-General Winfield Scott.. 571 order ............... ... ...... 175
Brunswick, provision for those having valid claims. 175
salm y of collector of customs at, estab- warrants for twenty acres..... ... 176
lished ... ....................... 308 leases and certificates of sale . . . 176
Bryant, Col. R. E., lands occupied by freedmen undet Gen-
credit to be allowed to, in settlement of eral Sherman's order not to he restated
account ....................... 585 until, &c.................... 176
Buchanan and Company, lands and buildings belonging to the so-
sums found due in settlement of accounts called confederate States may be seized,
of, to be paid ...................... 570 held, used, leased, or sold ........ 176
Butders and Contractors, proceeds of, to be applied to educa.
definition of, and special tax on ....... 121 tion of the freed people ......... 176
Buddnq occupied by State Department, when buieau ceases to exist, unex-
appropriations for general puiposes of .. 444 pended balances to go wheie ... 176
Building co; ne of F and Ffteenth Street, commissioner to coopeiate with piivate
appi opriations for general purposes of. 200, 450 benevolent associations in aid at freed-
Building cornerof F and Seventeenth Street, men, &c...................... 176
appropriations for general purposes of. 200, 450 to provide buildings and famish
Bunting, teachets and protection, ....... 176
duty on imported ..................... 561 immunities and rights of all citizens in
Burden of Proof, certain States and Territories ..... 176, 177
to be on claimant of seized spirits, to military protection and jurisdiction ex-
show that the requirements of the law tended .- ..... ...........
-... 177
have been complied with ............ 163 no discrimination on account of race or
Bureaufor Relief of Freedmen and Refuqees, color, or previous condition of slavery. 177
act to continue in foice and amend the jurisdiction of bureau not to exist in cer-
act establishing . .......... 173-177 tain States, and to cease in eveiy State
act establishing, continued for two years. 173 when, &e .........-- - --...... 177
superision of, to extend to all loyal sefa- all officers, agents, &c. of bureau to take
gees and freedmen ................ .174 oath ..... ................ . ... 177
two assistant commisstoners to be ap- Bureau of Mdttary Justice,
pointed ....................... 174 to consist of what officers .......... 334
their bonds, duties, and salaries..... 174 Bureau of Ordnance,
agents, clerks, and assistants .......... 174 so navy, office of assistant in, abolished. 38
military officers and enlisted men may be Bureau of Refugees, Freedmen, andAbandonedLands,
detailed for duty ............... 174 appioprialons foi, for years ending June
all officeis and agents of, may be detailed 30, 1867, and June 30, 1868-......92, 486
fhor army, but without increase of pay 174 assistant and sub-assistant commissioners
soldiers tobeappointed when itcan bedone 174 and agents ............ ....... .92, 486
all persons appointed under this act to be clerks, statonery, and printing ....... 92, 486
under military 3urisdictiot ........... 174 quarters and fuel ................ 92, 486
officers of veteran reseive corps now in clothing for distibution ............. 92
bureau may be retained .............. 174 commissary stores ................ 92, 486
medical stores, supplies, and aid ........ 174 medical department ............. 92, 486
who not to be deemed "destitute," tiansportation and telegraphing .... 92, 486
"suffering," or "dependent".... 174 school super intendants ........... 92, 486
sales of land made to "heads of families school-houses and asylums.........92, 486
of the African race" by the tax-com- telegraphing and postage .............. 486
missioners for South Carolina con- certain balances may be applied to aid
firmed ............................. 175 educational insttutions actually mcot-

HeinOnline -- 14 Stat. 842 1863-1867


INDEX.
Bureau of Refugees, Freedmen, and Abandoned Business,
Lands, (continued) penalty for carrying on any, on which
porated for loyal refugees and freed- tax is unpaid, without payment of spe-
men .... .. ....... .... .... ... 486 cial tax ............................ 473
no agent or clerk, not heretofore author- Business Cards, 4-c.,
ized, to Ieceive a monthly allowance of the printing of, on any United States se-
over $ 200 . ........ ..... 486 eiity, made unlawful ............. 383
to pievent whipping or maiming as a the making of, in the similitude of any
punishment for ciime, until, &e ..... 487 United States obligation or security,
Bureau of Statistics, declared unlawful ................... 383
established in the treasury department.. 330, Butche-s,
331 definition of, and special tax on....... 120
dLrectol of, salary and duties ........... 331 having paid the special tax, not to pay
to ha%e flanking pisvilege .......... 331 tax as retail dealet ................. 120
statistics of (ommetce and navigation. .. 331 additional special tax on certain ....... 471
report when to be submitted to Congiess 331 Butler and Carpenter,
monthly repoit of exports and imports. . 331 payment to in full for all claims for in-
value of goods, warehoused and with- demnitv ...................... 23
diawn fioin wailibouse ............. 331 claim of'for engraving special dies for
annual statement of vessels, enrolled, reg- revenue stamps to be paid ........ 470
istered and licensed ............. 331 Butter,
systems of numbering iessels ensolled, no special tax upon manufactureis of.. . 474
legistered, and licensed, may be estab- Butterworth, Joshua H,
lislied ..... ............ .......... 331 application of, for extension of patent for
numbeis how to be marked . . .. 331 improvement in safe and bank locks to
vessel ceasing to be marked, ceases be consideied ... ................. 636
to be a United States vessel ..... 331 Buxton, Maron H,
annual statement of metchandise in tran- pension to ....................... ... 605
sit, warehoused and withdrawn from
wai ehoose, &e .. ............. 331
statistics of the manufactures of the Unit- C.
ed States ...................... 331 Cadet Enqga ess (Navy),
cleiks to aid the director ............... 331 restriction as to age, and certain qualifi-
expenses of buieau ................. 331 cations of, when appointed, removed.. 516
letteis and documents to and flom direc-, Cadets,
tor, on official business, to be fiee .... 331 provisions as to appointments of, to the
appropsiation foi contingent expenses of 373 military academy .................. 359
appropiiations for expenses of ........ 446 age and qualifications for admis-
for collecting statistics of mines and sion .................. 359, 360
minings .................. 446 appointed afiei January 1, 1867, fioma any
Bureaus in the Navy Department, State declated to be in rebellion, no
appiopilations for the.. .33, 34, 200, 201, 450, part of appropriation $ go to, until
451, 489, 491 the State is restored .............. 416
additional clerks in, authorized ........ 207 Cairo and Fulton Ra oad,
Burial of Soldiers, lands gianted to Missouri for, to be pat-
who died in the military service of the ented, whenever, &c ................. 339
United States during the rebellion ... 353 Calais, faine,
graves of, to be preserved from desecra- deputy collector at, may enter and clear
tion ......................... 363 vessels ... ............ ..... .... 251
but ial-places to be secured and enclosed.. 343 Calapootas,
Burlinqton and ilissouii River Radoad, appropitatons for the .... 264, 265, 493, 510
time for completion of extended . 349 California,
Burning Fttd, marine mail transportation between New
made fom materials upon which taxes York and ...... ............ 49
hate been paid to be exempt fiom tax 565 post roads established in......5, 190, 286
rpay
distillers of and of camphene need not
special tax of $ 50 ............
Banal, Thomca. D,
565
appropriations for Indian service in 278, 279
giant of right of way for, and of lands to
aid in the ionstruction of, the Placer-
patent of, for improvements in coin-shel- ville and Sacramento Valley Ruiltoad
lei,, extended .................... 637 Compaiiy, &c .. .......... 95, 96
to be open to legal inquiry and de- title of the United States to land in Be-
cision ........................ 637 nicia and Santa Cruz given to those
persons enjoying lawful use of, and places in trust ................ 09, 210
puichasers of machines now in use, act to quiet land titles in ....... 218, 219
may continue to use ............ 637 certain selei tions of public lands made by,
Burynq-grounds, confirmed ....... ...... 218
their old, to be returned to the Ponca In- other selections not confirmed ........ 218
dians ........... ........ ........ 675 not to receive more land for school pur-
Bushed,
poses than she is entitled to........... 219
of grain, for puipose of duties, to be as- selections, when upon lands surveyed by
ceitained by weight ........... 187 authority of the United States.... 219
number of pounds to a ...... .. 187 when on lands surveyed only by
Bush, George W, State authority ............. 219
pension to ........ ... .............. 597 when township surveys have been made,

HeinOnline -- 14 Stat. 843 1863-1867


INDEX.

Cahforni-, (contiued ) Camancles,


and plats approved, swamp and over- appropriations for the .......... 259, 276, 493
flowed lands to be certified to State Qnmanches and Koways,
within one year ................. 219 treaty with, of October 18, 1865 . 719
segregation maps and surveys of swamp peace and friendship .......... 719
and oserflowed lands made by State to hostile acts to be settled by arbitration 719
be examined .. ............. 219 membeis of tribes committing crimes to
if found to conform or not to con- be surrendered .... .. ..... 720
form .... .... .......... ...... 219 resetvation for Indians pat ties hereto .... 720
if State claim as swamp, &c lands, any boundatLies ..... ........... . . 720
not so iepiesented on map, character no whites, except, &c. to settle
-how determined.............. 219 thereon, unless, &c .... .... 720
list of lands selected, and of swamp lands Indians to remove thereto and not
claimed by State, to be sent to general to leave, unless.. . . 720
land-office .................... 220 to refrain from depredations. . 720
may select for school purposes lands in not to encamp within ten miles
lieu of cettam sixteen and thirty-sixth of traieiled routes or posts,
sc tions .... ............. 220 &c. without consent ..... 720
pi chasers of lands of Mexican gi antees, claims to othei lands relinquished . 720
&c...... ................. 220 until removal to resetvation, Indians to
lines of sutseys extended to lands de- be %here 720
rived from Spamsh or Mexican author- rules as to condnct and encampments 721
ities ... ... ....... 220, 221 United States may build roads through
land not set off, subject to geneial land theii leservations and estabhlish militaiv
law, .
...... .. 221 posts 71............7t
rights of bona fide pre-emption claimants damages theitfor to be as(ettamed
not interfeied with ............ 221 and paid . ..... .... 721
appeals to circuit com t fiora decrees of annuities, amount, and when to be de-
disttict courts, respecting surveys of liveled .............. 721
certain private laud claims after July piesent numbet of Indians ......... 721
1,1865 .................... .221 census to be taken annually . ..... 721
decision of citeuit court to be final .... 221 otheli portions of these titbes to be urged
southein judicial district of,, abolished . 300 to join this treaty ............. .. 721
whole State forms the district of Califor- rattfication, &c .................... 722
m a ............................... 300 Camden,
district judge, attorney, and marshal of poit of, in New Jersey, annexed to the
the northern district to be the judge, collection distict of Philadelphia ... 417
&c for the distlmit now established . 300 asststant-colleetoi appointed at ...... 417
provision as to clerks, records, papers, salary, &c.................... 417, 418
and process ................ 300, 301 to receive instructions from collector
survey of boundary between, and Otegon 465 at Philadelphia ... .......... 417
payment of travelling expenses of certain may emoll and license ceitain ves-
volunteeis of ................... 487 sels engaged in the coasting trade
grant of public lands to, for aiding in the and fisheries ................. 417
constructin of the Stockton and Cop- such licenses, &c.to be valid 417, 418
petopolis Railtoad ................ 548 Campbell, John W.,
appiopriatons for Indian service in ... 512 credit to be allowed to, in settlement of
post-routes established in ............ 551 accounts ................. ... .. 578
Caltf/rnic and Oregon Bai, oad om.pany, Campeau, Arid)ewaJ.,
and an Oregon company may locate and may select lands for ser ices to Chippewas 658
construct a railroad and telegraph line Canadian District,
between Portland, Oregon, and the certain Cherokees, free negroes, and dieed
Central Pacific Ralioad in California. 239 persons may elect to reside thereon. 800
what pait of toad each company to build 239 Canal and Ditch Owners,
the company first completing its part, rnght of way granted to, &c ....... 251, 253
may continue its road with consent of Canals. See Boats, Barges, and Flats.
State ... .................. 239 tax upon gross receipts from passengers
grant of public lans not mineral, to and mails ...................... 135
said companies, in aid of construction Cannon, Modern,
of toad .......... ........ 239, 240, 241 of large calibre, platforms for ........ 61
extent and conditions of grant and Cannon, Oivia W.,
selections of lands ............ 240 pension to ...................... 622
right of way gianted to said companies. 240 to be paid from naval pension fund. 623
matetals, land for stations, &c . .. 240 Canile, A B,
when and how patents for lands to issue. 240 claims of, against the Osages, to be paid 688,
roads and telegraph to he maintained and 689
opeiated as one continuous line ..... 241 Cape Spared. See Morocco
if not kept in repair, Congress may treaty agreements respecting the light-
put them in repair, &c ........ 241 house at ..... ..... ........... 679, 681
companies to be governed by laws of Capital,
their iespeetive States ............ 241 tax on that employed in banking ...... 136
to obtain consent of States, where of State banks ceasing to exist, to be the
roads do not pass through the capital as it was when the hank ceased
public lands .................... 242 to exist ........................... 146

HeinOnline -- 14 Stat. 844 1863-1867


INDEX.
Capitalization, Cavender, John 8,
of the Scheldt dues, second annual instal- appointed manager of national asylum
ment towards .................. 226, 415 for disabled volunteer soldiers ....... 563
Cayu-ses,
Capitol,
appropsiations for repairs, &c of ... 18, 19 appropriations for the ....... 266, 510, 511
extension and dome of.. 19,314, 460, 468 Cemeteries,
decoiation of .................. 317 appropriations to establish and purchase
Capitol Pohce, sites for nanonal .................. 310
appropriations fol ......... 25, 192,441,442 Cemeteries See National Cemeteries.
increated pay to . .. ......... 327 act to establish and protect national ... 399
to be appointed by the sergeant-at-arms Cemetery
of the Senate and sergeant-at-aims of and sexton's house in Mexico ......... 226
the House.. ......... ..... 466 Census,
Caps, to be taken of the Seminoles ......... 758
tax upon ..... ...................... 474 Choctaws and Chickasaws ........ 772
Captains, Creeks .................. 787, 788
number of grade of, in navy established 222 Cherokees . ..................... 802
increase in grade, how mide .......... 222 Census Office,
Carpet Wools and other similar Wools, appropriations for expenses of the .... 20, 468
to include what ...... ...... 559, 560 to pay amount due certain maishals
Carpenter, Butte and, and assistants for taking the cLighth
payment to, in tull for all claims ........ 23 census . . .. ....... 468
Carpets, no payment to any one who par-
to be purchased for any of the public ticipated in the rebellion .. 468
buildings, to be of domestc manufac- to pay total liabilities of ....... 460, 461
tuie ............... 20 Census Returns
of various kinds, duty on imported. . 561 of 1860, as to mortality and diseases, di-
Carriages, gest of by Edward Jarvis ....... 326
annual tax on ................... 135 Central Pacific Railroad Company
Carreis, of California may extend its road east-
punishment of, in the District of Colum- ward to connect with Union Pacific
bia, for embezzlement, &c. of goods de- Railroad ...................... 80
livered to them for carriage ..... 407 Cereal P oductions
Carter,John, of the United States, specimens of the, to
pension to..... ............... 623 be prepared and forwarded for exhibi-
Cascade Railroad Company, tion at the Pans Exposition ......... 56s
right of way granted to, thiough the pub- Certificateof Discharge. See Bankruptcy.
lic lands, and a military reserve io when to be granted to bankrupt .532, 533
Washington Territoiy ....... 31 form of ...................... 533
biut to grant ... ...... .. 31 Certificate of Purchase
lands for stations, &c . ... 31 to be given the purchaser of real estate
chaiter of company declaied valid ..... 31 sold for taxes .... ................ 109
Casks, 4-c Certificate of Sale
containing, or supposed to contain, dis- of property for nonpayment of taxes, to
tilled spuits may be seized by, &c. transfer all right therein to purchaser 107
when, &c and be detained ...... . 482 to be notice to corporation of transfer of
persons drawing articles subject to tax stocks, &c of delinquent ... .... 107
from those marked, to efface marks.. 482 to make void outstanding certificates of
penalty for not doing so, ...... 482 stock ..... .... ............. 107
Castine,
casks, &c may be forfeited ..... 482 to be receipt for securities, or evidences
of debt . . .. ...... 107
name of collection district of Penobscot under the tax law, effect of ... . 568
changed to .................... 33
to be prima facie evidence of the regulai i-
Cattle, ty and validity of sale, and of the title
importation of neat and of hides of, pro- of purchaser ..................... 568
hibited ........ ........ .. .. .. . 1, 3 Certifirates,
when and how act may be suspended .. 2, 4 representing money, standing to the cred-
penalty for violation ........... 4 it of a disbursing officer for three years,
duty on those impoited alive ........... 48 to be deposited, &c .............. 41, 42
Cattle Brokers, holders thereof to be paid ........... 42
defimtion of, and special tax on. .. 116, 117 of register of treasury, that drafts for
Cavalry, payment of warrants have been out-
number of regiments of, in the army, and standing for three years to be, when to
how organized ...... .. .. . 332 be vouchers for sansfaction of warrants 41, 42
two to be composed of colored men 332 Certificates of Deposit,
grade of company commissary ser- for offices of assistant treasurers ...... 203
geant of cavalry abolished .. 332 CertificatesofRegistry or Enrolment and License,
vai ancies in the grades of officers, to issue to certain vessels .... ....... 255
how filled ......... 332 fraudulently obtaining, to work forfeiture
any pat t may be armed and drilled of vessel ................... 184
Js infantry or dismounted cav- Certificate of Thanks,
alry ..................... 332 ani;Af-d to the soldiers of New Jersey,
Cavalry Horses, nday be sent to them free through the
appropriation for purchase of......... 91 mails ..... ....................... 371

HeinOnline -- 14 Stat. 845 1863-1867


INDEX.
Cession of Lands to the United States, Cherokees, (continued.)
by the Chippewas of Saginaw. Swan public property to be surrendered... 807
Creek, and Black River ... 657 confiscation laws repealed and former
bv the Omaha Indians ............ 667 owners restored to their tights .. -. . 799
by the Winnebago Indians ......... 671 improvements ................. 800
by the Woll-pah-pe Snake Indians . .. 683 Cherokees, ieed persons, and free ne-
by the Seminoles . ....... . 756 groes, electing not to reside, &c, may
by the Bois Forte band of Chippewas . 765 occupy Canadian district, &e ..... .800
by the Choctaws and Chickasaws .... 769 those so electing to reside there, may elect
by the Creeks for homes for civilized In- local officeis, judges, &c ............ 800
dians ........................... 778 their rights and privileges ........ 800
by the Cherokees ..................... 804 entitled to representation innational
by the Ponca Indians ................ 675 council ........................ 800
by the Great and Little Osage Indians ... 687, remedy foi unequal laws ....... 80u
688 courts to be established in the Indian
by the Cheyennes and Anapahoes ...... 704 Teritory ................ 800, 803
Challenqes of Jurors, antil United States court is established,
defendants in the District of Columbia the district court nearest the Cherokee
entitled to four pelemptory ..... 407 nation to have jurisdiction of matters
Champion, David B, therein ............ ....... 800, 801
pension to ....................... 630 judicial tribunals of nation to have ex-
Chape -elusive jurisdiction in certain civil and
at naval academy, appropriation for..... 311 criminal cases .............. 803
Chaplains (Army), licenses to trade not to be gianted unless,
rank, pay, &e of .................... 337 &c. :....................... 801
of colored troops ................. 337 slavery not to exist longer .. ... 801
transportation of ......... ........... 337 freedmen and free coloted persons to have
rank and grade of ................. 423 rights of native Cherokees ..... 801
vacancies in office of, to be filled by the no pay for emancipated slaves 801
Piesident .... ...... ......... ... 423 farm and othei pioducts may be sold,
tenure of office of, allowances, &c. .. . 423 &c, and removed a ithout tax...... 801
post chaplains to be commissioned by the right of way granted to railinads . 801, 802
Pilesident ............ ............. 423 companies and their servants to be
(Carts, 4-c, subject to laws, &c .... 801,802
to be published and furnished at cost .... 67 general council may be annually con-
C/tastas, vened 802
appropriations for the .......... 256, 493, 494 how composed ..... .. ......... 802
Chatfield, Thomas, times and places of meetings . ... 802
may select lands for services to Chippe- length of sessions and special ses-
was ......... ............... 6 58 sions .... .................... 802
Check Lists powers of ........... 802
to be used in all elections in the District laws enacted by, when to take effeci 802
of Columbia ................. 375 legislative powe of, may be en-
Checks, larged ........... ........ .. 802
standing to ciedit of disbursing officeis president and secretary of .. .. 802, 803
fot thiee yeais, to be deposited, &c.. .41, 42 pay of secretary and of members.... 803
holders to be paid. .......... 42 census to be taken .................. 802
for offices of absistant ti easurers .. 203 lands for missionaiy or educational pur-
Checks anti Certificates of Deposit on New York, poses ...................... 803
appropliations for ............... 454 not to be sold, except, &c....... 803
Ceese, when sold, proceeds of sale bow ap-
no special tax required of manufacturers plied ... ..... ... ..... ... . 803
of. ..... . ............... 474 United States may settle ci i lized Indians
Chelsea Marine Hospital, in Cherokee country .......... 803
appiopriarions for iepairs of .......... 310 how such may be made part of Cher-
C] eaintz, okee nation ................. 803
salary of the consul of the United States those wishing to preseive tribal or-
at, established ........ .......... 414 ganization, to have land set off to
to be two thousand dollars ......... 414 them.................... 803
Clienery, Richard, to pay a sum into the national
clan of, fot beef furnished to an Indian fund ..................... 803
agent to be examined and paid ....... 633 limits of places of settlement ... 804
Cherokee Deleqation, friendly Indians may be settled where... 804
pa ment of expenses of ............... 806 boundaries of districts for, to be dis- -
Cherokee Nation, tinctly marked .............. 804
appiopriations for the .............. 279, 499 lands of, how to be conveyed and
Cherokee3, held.............. ......... 804
expenses of delegation of Southern ...... 326 possession and jurisdiction over such
payment for to be refunded from lands ............... 804
sales of lands . . ......... 326 cession of lands in Kansas to the United
treaty with, of July ji, 1866 ......... 799 States in trust ................. 804
pretended treaty with so-called confede- lands may be included in State of Kan-
iate States declared void ............ 799 sas ........ ........ ......... 804
amnesty for offences ............... 799, 807 to be surveyed and appraised ....... 8)4

HeinOnline -- 14 Stat. 846 1863-1867


INDEX.

Cherokees, (continued) Chegennes and Arrapahoa, (continued )


may be sold to highest bidder, &c. 804, reservation for Indians, who are parties
807 hereto .. ........................ 704
lands of, in Arkansas and in States east boundaies ................. . 704
of the Mississippi may be sold ........ 805 no whites except, &c to settle there-
mode of sale, &e ... ....... 805 on, unless, &c ................ 704
heads of families desiring to remove to be Indians not requited to settle theseon,
paid foi lisprovements ........... 805 until, &e ... I..... ....... . 704
electing to remain, to receive a pat- a reservation, no pait of which is in
ent for 326 acres . ........ 805 Kansas, to be designated for them 704,
then to cease to be a member of 708
the nation ............. 805 Indians to iemove thereto and not to
land reserved to be surveyed and allotted 805 leave, unless, &e ............ 704
boundey line of Cherokee county to be to tefraia from depi edations ... 704
run and marked ............... 805 not to encamp within ten miles
agent of Chetokees to examine their ac- of uavelled routes or posts,
counts with the United States, books, &e without consent ...... 704
papeis, &c ...................... 805 claims to other lands relinquished .... 704
flnds, how to be invested and interest boundaries thereof ............. 704
paid ............................. 805 until removed to reservation, Indians to
payment to Rev Evan Jones ......... 805 be where ............ ............. 704
bounties and aricers for services as In- soles as to conduct and encampments 705
dian volunteers, how to be applied.. 805, United States may build roads thiough
806 reservations and eqtalhlb militety posts 705
possession and protection guaranteed .. 806 damages ihelefor to be asceitained
militaty po-ts may be establihed in Cher- and paid ......... .......... 705
okee country ...... ........... 806 patent foi six hundled and forty aries of
spirituous, &c liquors prohibited . . .806 land in fee simple to each of ceitam
cettain peison foi bidden coming into na- persons ........................ 705
tion, or emamning ................. 806 lands, how to be selected . . . 705
payment fi proisions nod clothing for giant of lands to certain clefs of bands,
the aimy undei Appotholehala .... 806 in repatation of outrages against certain
expenses of Chetokee delegations .. 806 ban& 705, 706
payment of certain lohses by mssionas conditions of graunts ......... 706
and misstonary societies ............ 806 lands, how to be selected ..... 706
inconsistent tieaty provisions annulled.. 806 further compesslion for piopaity destioy-
ratification, with amendments .. 807 ed or taken by United States toops .. 706
amendments assented to ........... 808 annuities for forty years . .... 706
Cherokee School and National Fundq, amount and when to Fe deicveted 706
appioptiation for interest on abstracted present number of Indians....... 706
bonds of the ....... ......... 279, 514 census to he taken annually .. ..... 706
Cherokees, Southemn, othel portiins of trbes to be iged to join
expenses of, in negotiating recent treaty, the tieety ........... ; .... .. .. 706
awarded to, by Secretary of the Inteltor 513 arrears of annuities under formei ticates
Cherrytone, Va., to be paid mssoon a- practicable . 706
salary of collector of customs at, estab- upon ratification hereof, the former tieaty
lished ....... ................ 308 to be null ................ ....... 7o6
Chesapeake Bay and Potomac River Tidewater ratification advised with amendments.707, 708
Canal Company, amendments assented to ........... 708, 709
may extend its canal to the Anacosta assented to by the Apache Indi-
River ..................... .. 253 ans ................ 709, 710
may take and hold propel ty necessary for Chicago, Burlington, and Quincy R R Co.,
the proper construction of extension, 253 may constiuct radioad bridge across the
ptoceedings where the land cannot Mississippi River ................ 245
be puichased, or the owner is un- Chickasaws,
der disability ... ...... 253, 254 appiopriations for the ......... -258, 259, 497
tolls and charges upon said extension 254 Chickasaws and Choctaws,
canal extension to be a public highway treaty with, of April 28, 1866 ........ 769
and flee to the United States . . 254 See Chotaws and Chkucasaws
to render acuount of receipts and expendi- Chief Engiaeer of the Army,
tures when iequired ...-.. . 254 appropriations for the office of the 199,200,449
provisions of the act incorporating to ap- additional employees in office of .. 449
ply to the extension ............... 255 to petform duties now iequired of com-
Cheyenne, Apache, and Arrapahoes, missioner of public buildings .. .. 466
treaty with, of October 17, 1865 ........ 713 to superintend Washington Aqueduct 466
See Apaches. and public works and improvements
Cheyennes, of the United States in the Dmtt set
appropriations for the ....... 271, 276, 493 of Columbia ............ 466
Cheyennes and Arrapahoes, Chief ,lustice of the Supreme Court of the United
treaty with, of October 14, 1865.. 703, 711 States,
perpetual peace and friendship. ......... 707 to nominate and recommendl registers of
hostile acts to be settled by aibstiation. . 703 bankruptcy in each congressional dis-
members of tribes committing crimes, &c. trict of the United States ............ 518
to be surrendered............. 703, 704 See Supreme Con, t of the United States

HeinOnline -- 14 Stat. 847 1863-1867


INDEX.
Chief Medical Purveyor Chippewas of Saginaw, Swan Creek, and Black
of the army, rank, pay, &c of .......... 335 River, Michigan, (continued.)
to give bonds ........................ 335 if it conducts school, &c. acceptably
Chief of Engineers, for ten yeais, to have patents for
appointment, rank, pay, &c............. 335 land, in trust for Indians .... 659, 661
Chief of Ohdnance, part of payments to he retained for agri-
appointment of ...................... 336 cultural implements, stock, shops, &c. 659
Chief Signal Officer, mill, and land at Isabella City, may be
rank, pay, &c. of.................. 335, 336 sold ... .... ...... ...... .... 659
Chiefs of the Osqqes, James Nicholson may select 80 acres upon,
five hundred dollars to be paid to, annu- &c.......... .... ....... 659,660,661
ally ........................ .... 689 eighth article of formei treaty not affected 660
Chiea, Pierre, amendments ..................... 661
payment to, for services to the Crow In- Choctaws,
dians ............................. 499 appropriations for the .......... 258, 259, 497
Children, Choctaws and Chickasaws,
of soldiers and sailors, provitfons as to treaty with, of April 28, 1866....... 769
pensions to .............. ...... 58 230 peace and fiiendship -with the United
China, States and with Indians ............. 769
mail steamship service between, and San slavery and involuntary servitude to cease 769
Francisco . .................. ... 49 cession of lands known as the leased dis-
mail steamship service between San Fran- trict to the United States .. . 769
cisco and, appropriation for ......... 394 purchase-money of lands to be invested
prisons for American convicts in, appro- and held in trust by the United States
ptiation for rent of ................. 414 until, &c...... ..... ... 769, 770
See .Japan. provisions as to persons of African de-
China Seas, scent resident in the nation .769, 770, 778
sulvey of ........................ 38 rights of negroes and freedmen . . . . 770
Chipman, Eizabeth F., negioes may be witnesses ............. 770
payment to, for horse lost by her husband fieedmen to have fair pay for labor by
in the military service ............. 634 contiact, and contracts to be enfoiced. 770
C'hppeaas, to have as much land as they may
appropriations for the. .. .256, 257, 258, 261, cultivate for themselves and fami-
271, 273, 274, 370, 494-497, 504 lies ..... ... 770
annuity of, to be restored..... . 379 amnesty for offences against the Unted
treaty with, of April 7, 1866 .. ...... 765 States, and against the Indian govein-
See Bets Forte Indians ments ...... .. .......... 770
Chippewas of Saginaw, Swan Creek, and Black property of the late confederate States
River, Michiqan, within possession to be given up.. .. 782
treaty wit, of October 18, 1864 ..... 657 right of way granted through their coun-
townships of reserved lands, released to tiy for railroads .. ......... .. 771
the United States ............ . 657 damages. ....... . 771
right to locate and purchase certain lands, companies and then servants subject
released ...................... 657 to laws and rules ............. 771
certain lands set apart for, in Isabella Indians may subscribe to the stock of the
county .. .... .. ...... ... ... 657 companies and pay therefoi in contigu-
mode and order of selections of land in ous lands .. ... ............ 771
lieu of those relinquished ........... 657 this stock to be a first moitgage and
selections by others ............... 658 perpetual lien and entitled to six
William Smith and others may select per cent intelest or its proportion
lands and receive patents therefor ..... 658 of dividends............ 771
certain Ottawai, Chippewas, and Potta- lands thus subscribed not to be sold, &c. 771
watomies, may select and hold lands.. 658 patents for, when to be issued to com-
agent to make out lists of those who have panies .................... ...771
made selections of lands ........... 658 other lands may be selected in lieu of oc-
persons included therein to be divided cupied sections .............. .771
into two classes .............. 658 legislation, by Congress, for rights of per-
"competents," " those not so sons and property .. . ..... .771
competent .............. 658 a general council may be convened annu-
patents to those of both classes 658 ally .... .......... .. ........ . 772
manual-labot school ................ 658 to consist of whom, and members
boaid of vitors .... ........... 659 how selected............ 772
missionary society of Methodist Episco- members to which each tribe is enti-
pal church, to erect suitable buildings fled ...... .. ... ... .. 772
for school, &c................ 659 time and place of meetings ......... 772
to have control of school and farm, length of sessions ............ 772
&c .................. 659 special sessions .. ........... 772
annual appropriation ............. 659 poweis of.................... 772
may be suspended .......... 659 president and secietary of, and ffay
may use present school-house .... 659 of secretary . .. ... 772
if missionary society abandons sdhool or pay and mileage of members ..... 772
farm it loses its rights under this census of the tribes to be taken ....... 772
treaty .... ................. 659 courts may be established in the terri-
if it does not accept trust ......... 659 tory ..... ......................... 773

HeinOnline -- 14 Stat. 848 1863-1867


INDEX.

Chotaws and Chicleasaws, (continued.) Choctaws and Chickasaws, (continued)


delegate from the territory to Congress . 773 those prevented from selecting in ninety
superintendent of Indian affairs to be the days, may select afterwards ......... 778
executive of said territoty ........ 773 selections after transfei of records ...... 778
his title and duties. . .......... 773 selected lands abandoned for se%en yeats,
secretary, marshal, and deputies, and in- except, &c may be rented, &e . ... 778
terpreter, and their pay . ... .. 773 payment by the United States for lands
in appointments of marsbuls and deputies, selected by other Indians ........ 778, 779
pieterence to be given to competent white persons marrying Indians and re-
members of the nations .. . 773 siding in the nation, or adopted, to be
upper hou,e of the council .... .. 773 members of the nation and subject to its
moneys invested by virtue of existing laws ................... ... 779
treaties to temain invested ........ 773 licenses or permits to trade ....... 779, 782
interest thereof, how to be applied. 773, treaty restrictions upon sales of personal
774, 782 property removed ..... ......... 779
treaty obligations reaffiimed, and payment witnesses in civil and criminal cases.. . 779
of annuities to be tenewed .. .. . 774 surrender of fugitives fiora justice 779, 782
surveys and dixision of lands in sever- white persons, except, &c.not to be per-
alty . ..... .. 774 mitted to go into said territory, unless,
land-office at Bogy Depot. . .. 774 &. ...... . .... ... ....... .. 779
maps of curs eys to exhibit actual occu- post-offices and mails .......... ... 779
pancies .............. .... 774 totmer rights and immunities to lemam
maps when completed to be retuined to in force ................. 779, 780
land-office, anl ninety days' notice money due under this treaty, how to be
,given.. .. .... . .774 paid .780, 782
notice, how and wheie to he given.... 774 annuities and funds to be capitalized, &e.
provisions as to absent Choctaws and after survey aid aslgninent of the
Chicka-a.s .......... 774, 775 lands in severalty .............. 780
lands may be selected fot seats of justice, to be divided per capita ......... 780
for schools, seminaies, and colleges.. 775 certain sums may be retained and for
each Indian to have a tight to one quar- what purpose -. ...... 780
ter section of laud . . ... .. 775 $ 25,000 to be paid commissioners of each
selections for infants how to be made. 775 nation foi incidental expenses .. . . 780
rights of parents in making selections fol commission to settle damages of loyal In-
childie . ........... 776 dians disven from their homes . .780, 782
actual occupants to have pilot right to to determine claims of loyal citizens
quarter ,ecton,; on which ate his oi her of the United States for damages 780-
improvements .. ........ . . 775 782
prior to surveys may abandon im- if found to be ove $ 90,000, that
ptovemets and select other lands 775 sum to be applied pro rata .. 781
occupation by missionalies of missionary inconsistent treaty provisions declared
establishments not tobe interfeied with 775 void .. .. .. .. ........... 781
rights of ceortain missionaries ......... 775 ratification, with amendments ... 781, 782
grant of lands to certain religious societies, 775 amendments assented to ............. 783
not to be sold, &c except, &c.. . . 775 Cholera,
proceeds when sold how to be ap- quarantine, &c. iegulations against the,
plied ... ........ 775, 776 in ports of the United States ......... 357
mode of selecting lands ...... ... 776 Chorpeniag, Georqe,
proof of impiovements to be made prior payment to, for property destroyed by In-
to entries ............ 776 dians ............................ 609
sections sixteen and thity-six eserved Cigar Boxes,
for schools .... .... .. ..... 776 penalty for disposing of empty, or of
militarv posts and Indian agencies not to those stamped, without first defacing
be interfeied with .......... 776 stamps ....... .... . ........... 484
names of persons foi whom selections are for refilling, without defacing stamps 484
made to be in books of registei .. 776 cigar inspectors, &c may destroy, on
town lots and proxisions conceening..776, 777 which a cigar stamp shall be found.... 484
patents, when to issue for selected lands. 777 Cigarettes, Ciqars, and Cl-ots,
disputes as to selections of lands, how to tax upon .................... 328, 474
be settled ........ ......... 777 See Cigars, Cigarettes, 6-c.
contiguous selections ... ......... 777 Cigar Inspectors
selections to be inalienable 777 to destroy empty cigar boxes, on which
citizens by adoption or iateimirriage to cigar stamp is found ............. 484
have same right ..... ...... 777 Cigar-Lzghts,
Kansas Indians will be received into dis- tax upon ......................... 145.
trict east, &c ...... 777, 778 Cigars, See Tobacco, 4-c
limit as to their number ....... 777 persons before making, to procure a per-
to be fellow-citizens and have same nut ............ ....... .......... 126,
rights .... ... . ........ 777, 778 fee therefor ................. 12?
documents in land-office, when to be giv- bei'or making cigars in a district
en to Choctaws and Chickasaws ..... 778 where they don't ieside, to have
proceedings aftei wards... ...... 778 their permit indorsed ........ 126
selected lands to be held in seveialty and authority to be indorsed on per-
the unselected in common ......... 778 nt .................. 126
VOL. XIV. 54

HeinOnline -- 14 Stat. 849 1863-1867


INDEX.

Cigars, (continued) Circulars,


recoid of permits to be kept and to the printing or engraving, &c of, in the
state what .... ......... 126 similitude of any United States obliga-
maker of, to keep account and give copy tion or security, declai ed unlawful I... 383
each month to assistant assessor .. 126 Circulating Notes,
persons having peimit, upon request, may appropriation for paper, special dies, and
have cigars counted, and may deliver printing . . .. ... .. .. ..... 195
them in bulk to puichaser without pay- penalty for buying, rezeiving, &e. any
ment of tax ........... ... 127 counterfeit, &e. with the intent that the
purchaser to pack them and have them same shall be passed as genuine . .. 383
inspected, marked and stamped, and to paper, special dies, and printing of.. 445
pay taxes within fifteen days .. .. 127 Circulation of Banks, 4-c,
penalty foi making cigars witnout per- tax on ...............136, 137, 146,147
m it .... ........................... 126 of State banks after August 1, 1866, to
for failing to make returns, or mak- pay tax of ten per cent ...... .146, 147
ingfalse returns ............. 127 Circuses, Proprietorsof,
foi employing person without per- definition of, and siecial tax on ..... 120
mit to make cigars............ 127 tax to cover only one State. ...... 120
for neglecting to have cigars in- Citizens,
spected, &c .. 127 immunities and rights of, declared in cer-
upon manufactuie of, for making tain States and disticts...-...176, 177
without payment of tax..... 473 to be under military protection and juris-
fine and impiisonment . 473 diction ............ ... ... 177
proceedings in relation to the forfeiture no discrimination on account of race, or
and sale of . ...... 474 color, or previous condition of slaveiy. 177
Cigas, Ciqyaeltes, and Cheioots, Citizens of the United States See Civil Rights
customs duty upon .. 328 who are . ...... 27
paper cigars and cigaiettes, including their rights and obligations ........... 27
wiappers, to pay same duties is cigars 328 Catizen Surgeons,
imported cigars, how to be packed . .. 328 appiopriation for, for medical attend-
how to be entered, and where placed 328 ance .... ..... ...... ...... 90, 485
to be stamped . . . 328 Cvil Engineer,
stamps to be provided ........ 328 when required at navy-yards, how to be
Circuit Courts of the United States, appointed .
Civi Enqinee s,
....
... .. 490
judges of, to increase number of commis-
sioners for duty under civil rights act. 28 definition of, and special tax on ...... 121
proceedings for the removal of ceitain Civil Etablishment at Navy- Yards and Stations,
cases from State Couits to . .. 46, 47 appropriations for ..... 36, 490, 491
for the disttict of Virginia, when and Civil Expenses,
where to be held.. . . . 51 appropriations for the years ending June
special and adjourned tei me .. 51 30, 1867, and June 30, 1868, 310--323, 457-
jnsdictiun of, and proceedings in, in 468
matters of ceitain land titles in Saint miscellaneous ... ............ . 310
Louis, Missouri ............ 63 detection and punishment of counterfeit-
list of the disticts composing the several ers of coins and notes and securities of
emcuits ....... . ...-- 209 the United States 310
commissioneis of, may exercise the pow- of persons perpetrating fiands upon
ers of justices of the peace .......... 343 the United States .. ... . 310
for the distict of West Virginia to be sick and disabled seamen .... 310
held at Parkeishurg, and not Lewisburg 369 public buildings and furnituie 310, 315, 461,
in remo' al of suits from State courts to, 462, 464
when the defendant is in actual custody heating and lighting buildings and
under State process, clerk to issue ha- streets ....... 0, 314, 315, 462-464
beas cspus crum causa ....- .. 385 arsenal at Hudson City ......... 310
proceedings thereon ........... 385 court-house, &c at Springfield, Illinois 310
attachments, bail, &e to continue in Chelsea marine hospital . 310
force . .. ..-........... 385 national cemeteries.- . 310
time and place of holding in the Rhode medical and suigical histoty'of rebellion 310
Island distiict .- 399 medical statistics of piovost-maishal-gen-
provision for pending process ... 399 esal's bureau . 310
to have geneial supeiintendence and juns- disposition of, and engraving, &c for 311
diction of questions under the bank- marine corps-311
ruptey act . .. .....- 518 post-office, &c. at Bangor and Middle-
to heai and determine such cases, as town-------------- 311
a coritof equity- ......... 518 chapel at naval academy - 311
jurisdiction concurrent with district coast survey ... .... ..- 311
couits- . .. -... ......-. 518 Atlantic and Gulf coasts 311,457
See Banb ptcy. South Florida reefs, &c .- 311,457
removal of certain causes from State Westein coast. ... . ... 311,457
conits to, authoized on affidavit of publishing and pay ofcsvilians . 311,457
either paity filed in State court, that repairs and maintenance of vessels 311, 457
justice cannot be had in the State pay and rations of engineeis . .311,457
court . ... . .... 558, 559 Survey of Isthmus of Darien for ship
proceedings to iemove ....... 559 canal .. .............. ........... . 11

HeinOnline -- 14 Stat. 850 1863-1867


INDEX.

Civsl Expenses, (continued) Civil Expenses, (continued.)


statistics of gold and silver mines . 311 treaty payments to the Seminoles.... 319, 320
hghthouse establishment ...... .. 311,457 to the Creeks .... .......... 320
Atlantic, Gulf, Lake, and Pacific United States depositaries ......... 320, 321
coasts .......... 311,312,457-460 portions of commutation fund, to pay
supplieg, repairs of apparatus.. .311,457 awards for services of colored volun-
salaries and seamen's wages ... 311,458 teers ......................... 321
beacons, buoys, chains, and sinkers. .312, revenue agent of New York 321
458 deficency in mad service for 1866 .... 321
fog-signals ... .............. 313, 456 ]Tay of watchmen in public buildings es-
visiting and inspecting ....... 312, 458 tablished ............... .. .. 321
commissions to certain superintend- increase of pay of metropolitan police... 321
ents ...................... 458 how to be borne ................ 321
repairs, renovations, and rebuilding property from rebel steamer Florida. .. 322
lighthouses ............ 312,458,459 midhlpmen, &e. entitled to one ration,
light-stations .. 312,313,459,460 &c ......... ... .. ... . ... 322
re-establibhing lights and aids to minister resident in Greece ......... 322
navigation on southei n coast. .313, 460 travelling expenses of First Michigan
iron spindle on Success Rock ...... 461 Cavalry ............ ......... 322
establishing lighthouses at various judicial powers of consuls in Egypt. . 322
stations 460 power of consul-general at Alexandria 322
range lights on Morris Island . 460 additional bounties to certain enlisted sol-
hfe-saving stations, Long Ibland and New diers .............. 322, 323
Jersey ........ ....... 313, 460 soldiers selling, &c. discharge papers,
iron lighthouse at southwest pass ..... 460 &ec.not to have ............. 323
consul at Quebec .................. 312 rules foi payment of .-.. -.....323
officers of army on lighthouse duty ... 312 pay and mileage of members of Con-
President's house .......... . 313 gress .... ........... ..... ... 323
Little Falls Bridge, and other bridges, in- mileage, how estmated and certified . 323
cluding foot-budges ... 313,315, 462, 463 pay of speaker of House of Representa-
interest on sums loaned to government 313 tives... ...---------- 323
extra pay to commissionel and chief clerk twenty per cent additional to officers,
of general land office ....... 314 clerks, reporters, &c. of Senate and
iron fences, &c. ............. 314 House, and ceitain others..... .... 323
water-pipes, roads, drainage ...... 314 preseivation of harbor at Provincetown,
botame garden... ............ 314 Massachusetts ............... 323
escutcheons of West Virginia and Neva- payment of balance to Charles H Peaslee 460
da ....... 314 barge office at New York......... 460
library of Congress.........314, 317 stone building at Suspension Bridge.... 460
transient paupeis ......... 314 rebuilding, including site, or repairs of
public grounds and squates . 314, 315 custom-houses generally and at
capitol water-closets ... 314 Astoria, ..... ....... 461
lighting capitol, streets, &c ........ 314, 315 Bangor... ................ 311
extia clerk in office of Indian affairs . .. 315 Charleston .................. 310
north portico of patent-office building .. 315 Machias ............... 461
northeast executive building ..... .. 315 Middletown ................ 461
salaies of commissioneis to revise the New Orleans ... ........... 460
statutes ............. .... 315 Newport, Vt .................. 461
tempoiary clerks in pension office .... 315 Toledo ..... .... . ........ .. 310
iooms for pension office .. .. 316 Wiscasset .....-.-........ 460
site, &c for custom-house, &c at Saint patent-office building .............. 316, 460
Paul ... ..... ... ......... 316 capitol extension .......... 314, 460
jail in District of Columbia ........ 316, 464 dome of the capitol .....-...... 460
school-houses in Washington County.. 316 total liabiliues of census office ..... 460, 461
pay for revision of laws of District of marine hospital at Louisville ........... 461
Columbia .............. .. 316 post-office at Astoria, Oregon ........... 461
Washington aqueduct..........316, 464 at Middletown, Conn..........461
destitute colored women and children .. 317 appraisers stores at Phdadelph.a ....... 461
Washington City to be reimbursed for vessels may load and unload at Portland,
expenses for stieets.... ..... 317 Oregon, unler iegulations.....-. . 461
decoration of capitol........... 317 bmglat and fire proof vaults and safes . 461
fire-proof building foi tieasury . . 317 treasury building . ..... .-.... 461
presses, machinery, &c in treasury build- copies of the Statutes at Large.... .. 461
ings may be sold at auction ..... 317 accounts of James Tufts for census of
orphans' court and registry of wills, Montana .................. 461
bildings, &c for ..... 317 heating apparatus for public buildings
general post-office building ........ 318 and Supreme Court room ...... 461,462
expenses of collecting revenue from sales extra clerks in Indian office ..... ... 462
of public lands... . ... .318 Lewis Heyl, for compiling statutes on im-
accommodations for internal revenue offi- ports and index to tariff bill........ .462
cers ................ 319 transient paupers in Washington, D. C. 462
milding for federal offices at Des Moines, carts and tools .................. 462,463
Iowa ......... 319, 461 trees and tree boxes, flower-pots, &e. 462,463
at Portland, Maine ............ 319 conservatory and greenhouse ........... 463

HeinOnline -- 14 Stat. 851 1863-1867


INDEX.

Civl Expenses, (continued.) Civil Expenses, (continued.)


public grounds, squares, and reservations 462- the purchase-money to be pard
464 fiom the amount appiopriated 466
streets and avenues ................. 462, 463 superintendents of lights, whose salaries
sewer traps, snow and ice ........... 462, 463 as collectois exceed $3,000, not to re-
lighting public buildings, grounds, and celve any compensation as disbursing
streets .... ........... ........ 462, 464 agent for the lighthouse estahhihment 466
city of Washington to light lamps salary of general appraiser in New Youk 466
with seven-feet burners, for what of assistant appraisers in Boston,
time and on how many nights... 462 Philadelphia, Baltimore, New O1-
lamp-lighters, gas-ftting, lanterns, leans, Portland, and San Francisco 466
lamp-posts, &e ............. 462, 463 clerk of paidons in State Department,
lighting dome of capitol and rotunda 463, 464 pay of ................ ......... 466
electrician to operate lighting appa- appropriation therefor .......... 466
ratus .... ....... ............ 463 clerk of the House of Representativcs to
fuel and heating apparatus ......... 462,463 select newspapers in each of the ten
purchase of librai y of Peter Force ... . 464 rebel States, in which the laws, legil
bust of Pulaski ................ 464 notices, advertisements from courts,
office of iegister of deeds in Dismiet of &c be published ................. 466
Columbia .... ................. ... 464 pay for such publication..... 466,467
department of agriculture ........... 464 heads of executive depautments and
Smithsonian Institution, collections of ex- judges of the courts to be notified. 467
ploring expeditions ............ 316, 464 to publish only in oeuhp'upaus 467
government hospital for insane ...... 316, 464 no money to be paid for publica-
salasy of superintendent established 464 tions and adveitisements ex-
east wing, wall, conl-housc ........ 464 cept ii conformity heeto.... 467
patent-office, to be paid from patent-office rates of pay in all the States for pub-
fund ..... ..................... 316, 464 lishung the laws ........ .... 467
copyright books, charts, &c..... 316,464 Secretary of Treasmy may sell at auction
illustrations and descriptions for re- the buildings and grounds known as
port of commissioneis ...... 316,464 the custom-house at
Columbian Institution for the deaf and Alexandria .................. ...467
dumb .................. 317, 464, 465 New Haven .................... 467
not ovei ten deaf mutes may be re- Norfolk ................... 467
ceived from the States and Terri- Peith Amboy.. .......... 467
tories, and how .............. 464 Portsnmouth ............... 467
additions to buildings, grounds, &c. 4b5 Sackett's Harbor ............. 467
increased supply of water ......... 465 may execute and deliver all needhul
Columbia Hospital ............. 316,465 conve 3 ances to the purchasers.... 467
Providence Hospital ................. 317 Secretary of the Interior to examine and
registers and receivers of land offices ... 465 Iepoi t upon the condition of the public
incidental expenses of land offices .... 318, 465 buildings in New Mexico, nith esu-
surveys of public lands in mates ..................... .. 467
Arizona ..................... 465 advertisements, notices, and proposak for
California ........ .......... 318,465 contracts of executive depattments,
Colorado ................. 318,465 and laws, proclamation, and ticaties
Dakota .................. 318,465 to be publshed in the two daily news-
Idaho .......................... 465 papers in the Distuct of Columbia, and
Kansas .................. ... 318,465 in each equally............... 467
Minnesota .................. 318, 465 and in no other District of Columbia
Montana ......................... 318 papers ..... ..... ........ .. 467
Nebraska .................... 318, 465 rates of pay..-..-.......... 467
Nevada ................ ...318,465 printing for executive depat tments to be
Oiegon ...................... 318,465 done by the government printer when
Washington ................. 318,465 practicable .................... .. 467
sivey of forty-second parallel between if not, wheie to be done, and rates of
California and Oregon .............. 465 pay ....................... 467
boundary between Oregon and Idaho 466 repeal of inconsistent laws respecting ad-
thirty-seventh parallel northern boun- vertisements ............... 467
dary of New Mexico ........... 466 pay of clerks at aisenal in Spiingfield
office of commisioner of public buildings may be increased to $1,200 per annum. 467
abolished ....... .... ........ .... 466 laws relating to the army, navy, militia,
chief engineer of army to perform its and the marine corps may be published
duties ................ ....... .... 466 in the Army and Navy Journal, and at
to superintend Washington aqueduct 466 what rates ................... 468
and all pnhlic works and improve- iml Offices,
ments unless otherwise provided act regulating the tenure of certain ... 430
by law .............. ....... 466 persons holding or appointed to, tohold
sergeant-at-arms of the Senate and House the same until successor is appointed
to appoint capitol police ........... 466 and qualified .................. 430
lighthouse board may apply unexpended secretaries of departments to hold office,
balances on Pacific coast ........... 466 &C ....... ....... . . ....... 430
may puichase sites for lighthouses, subject to removal with the consent
when, &c ..................... 466 of the Senate ................ 430

HeinOnline -- 14 Stat. 852 1863-1867


INDEX.
Civil Off ces, (continued.) Civl Rights, (continued )
civil officers, except, &c. becoming dis. fees of district attorneys, commissioners,
qualified or incapa-tated, the Fresi- clerks, marshals, &c ................ 29
dent may suspend and appoint persons how to be paid, and recoverable of
tempolaril) to ...................... 430 defendant ...................... 29
such persons to take oath and give bond. 430 President may direct the judge and
to receive salary, &c. .............. 430 others to attend, &c. for more speedy
suspensions and appointments to be re- trial of persons charged with violating
ported to Senate ................... 430 this act ........................... 29
if Senate concur, Fiesident may remove may enforce act with the military
the officer and appoint a successor ... 430 and naval forces ............. 29
if Senate does not concur, suspended offi- appeal to the federal supreme court on
cer to resume his duties ............. 430 questions of law .................. 29
during suspension, salary to belong to Civilized indians. See Kansas Indians.
officer performing the duttes .......... 430 certain, known as Kansas Indians, pro-
suspension may be revoked before report visions concerning ............ 777-779
to Senate, and officer be reinstated.... 430 may be settled it the Cherokee country- 803,
vacancies happening during the recess of 804
the Senate, how to be filled ....... 430, 431 Clackamas,
if no appointment is made to, office appiopriations for the ............. 265, 493
toremamln in abeyance ........... 431 Claim Agents,
no term of office extended by this act .. . 431 fees of, in certain matters pertaining to
penalty for accepting or exeicising office pensi ns ........ ................. 57
contrai y to this act ................. 431 definition of, and special tax on ....... 118
for removing, appointing, employing, Claimants,
or icssuing, &c a commission, &c of property seized for forfeiture under
to any person contrary to this act 431 customs' rerenue law ............. 181
secretary of Senate, at end of each ses- when to file claim, and to state what .... 181
sion, to furm~h to Secretary of Treas- Claims,
ury and his assistants, to auditors, conip- for supwplies and store taken ot used by
tiollers, and to the treasnier and regis- the Union troops, or for injuries caused
ter of the treasmy, list of nominations by them in any State, &c. declared us
and rejections ........... ........ 431 insurrection, oi, &c not to be entei-
President to notify the Secietsry of tained bi the court of claims .... 397,398
Treasury when he has made an appoint- of ceitain Kentucky militia forces, called
ment to office without the consent of out under the command of John S.
the Senate ............... ...... 431 Fish, to be investigated and paid. . 565
Secretary to notify the pioper ac- for certain quai termasters' stores far-
counting and disbursing officers of nished to forces under the command
his department .............. 431 of Majoi-Geneial Lewis Wallace, and
money not to he paid to, oi received by, duly receipted fi, to be entertained by
any person coitrary to this act ... 431 the court of claims .................. 572
no claim, account, &c for such payment Clainis undo Bankruptcy Act,
to be appiosed, &c ................. 431 proof of against estate of bankrupt. .525, 526
penalty for violations hereof. .. 431, 432 of corporations, how verified .......... 527
Civil Rights, proceedings where, before choice of as-
act to protect and vindicate for all ...... 27 signee, the judge doubts the validity of
who are citizens of the United States .... 27 a claim ........................... 528
their rights and obligations ........ 27 no debts except those specified to be prov-
penalty for depriving, under color of law, able ............................... 526
&c any person of any right secured Cli k, Charles,
hereby by ieason of color or race .. 27 allowance to, in settlement of accounts for
courts of the United States, to have juns- public money lost by file ............ 640
diction ................ ... ... ... 27 Clarke, Edward St. Clair,
suits ii State courts may be removed on allowance to, in settlement of accounts for
motion of defendant .............. 27 public funds lost by theft and without
juimsdidtion how exercised and enforced.. 27 is neglect ..... .................. 624
district attorneys to institute proceedings Clarke, James G.,
for violation of this act ... ..... -28 payment to, as acting chargd d'affaires.. 583
number of commssioners of ceuot and Clarke, I L. B.,
territorial courts to be increased.... 28 payment to .......................... 585
then authority under this act ........ 28 C'smenis, Jane,
marshal and deputies to obey precepts 28 pension to ....... ................... 619
penalty for refusal ............. 28 entitled to benefit of second section of act
commissioners may appoint persons to in regard to minor children of deceased
exe(ute wariants ............... 28 soldiers, if, &c ...... ............... 619
authority of iuch persons ......... 28 Clerk,
warrants to sun where .......... 28 of the Supreme Conit of the District of
penalty for obstiucting piocess under this Columbia, accounts of, how to be set-
act ... ...................... 28 tied .......................... .. 309
for rescuing orattemptOug to rescue 28,29 Clerk of Pardons,
for aiding to escape ............ 28, 29 in the Department of State, pay of, for ex-
for harioring oi concealing with traoidinary services of .............. 466
t
k-iw-edge ................. 28, 29 appropriation ............... ... 466

HeinOnline -- 14 Stat. 853 1863-1867


INDEX.
Clerk of the House of Representatives, Clothing, Wool,
duty of, in preparing for the organization under the tariff act, to include what ..... 559
of the succeeding House ........... 397 Coaches,
to make roll of representatives elect .....397 tax upon gross receipts from passengers
names of what members to be placed on and mails .................... 135
roll ..... ... . ... ..... ...... 397 Coal Oil
if clesk is unable to perfoim the duty, not to be carried on steamers, except, &c 228
who to act in his stead ........... 397 Coasting Trade,
to select newspapers in the ten rebel assistant collector at Camden, N J, may
States in which the laws, treaties, legal give eniolments and licenses to certain
notices, advertiseiments, &c. shall be vessels engaged in .............. 417
published ................. 466 Coasting Vessels,
to fix rates of compensation therefor. 466, 467 between ports and places on Lake Mich-
these rates to be the rates in all the States 467 igan, laden with American produce and
heads of executive departments andjudges fiee goods, may unlade without pie-
to be notified, and they are to publish vions permit ........ ............. 394
only in such papers ........... 467 Coast Survey,
no money to be paid for advertisements, appropriations for the . 14, 15, 311, 457
&c.not according to this law........ 467 publishing observations made in the. 457
Clerks, Cobb & Co. J. and O. P,
increase of, in Post-Office Department... 3 claim of J & 0 P. Cobb & Co, for hay
in office of assistant treasurer at Boston, to be paid .................. 617
authorized.... .... ........ 202 Code of Regulations
appointment of, us district courts in for the army and militia to be piepaied,
Washington Tenitory .......... 288 &c . ............... .............. 338
of navy-yards, to commandants of navy- Codfjqzng the Customs Laws,
yards, and to naval storekeepers, pay resolution to provide for, continued in full 567
of, increased twenty-five per cent. .. 345 Coffey, James N,
numbei and classification of, in the office claims of, against the Osages, to be paid 6383,
of the commissioner of internal reve- 689
nue .......................... 170 Cohen, Emil,
certain, authorized in the bureau of yards name of, changed to that of Emil Coin-
and docks .... ...... ......... 450 ley ........... .......... 591
one authorized in the bneau of steam Coinage
engineering ................... 450 of five-cent pieces authorized ......... 47
authorized in the office of the commis- Cole, Daniel,
sioner of pensions ...... ... 471 pension to .................... 642
at the United States armory, Springfield, Colgen, Francis,
pay of, increased to $1,200 a year... 467 pension to .... 605
Clerks of District Courts, Collection Districts (Customs.)
to keep minute-book in office under bank- established, at
ruptcy act .................... 519 Port Huron. ........... 32
to enter therein memoianda of docket of Michigan .... ... 33
registeis ..... ..... ..... ....... 519 Montana and Idaho 33
penalties against, for offences under the collectors appointed to each ... ... 32, 33
bankiuptcy act .................... 539 name of that of Penobscot changed to
Clei ks to Committees, Castine.... .... . 33
appropiations for 192, 193 act to change certain in Matyland and
Cleveland and Pittsburq R. R. Ca, Virginia..... 410
may build bi idge across Cuyahoga River four estabihed in North Carolina 411
at Cleveland, Ohio ......... 362 Collection of Revenue from Customs,
Cleteland and aoledo R. R. Co., appropriation for expenses of - . 354
may build bridge across Cuyahoga River Collection of Revenue from Soles of Public lands,
at Cleveland, Ohio ................ 362 apptopriations for expenses of ...... 465
Clet.eland, Ohio, Collectors of Cutoms,
hospital buildings at, not to be sold or salAriesof those in certain districts
leased ......................... 40 changed and established . . . 308
Chnten Bridge, authoized at Corpus Christi. ...... 308
across the Mississippi River declared a pay of, at Apalaechicola ............ 308
lawful structme and a post-ioute ..... 412 Beaufort ... . .... 308
rates for transportation of mails, troops, Brazos de Santiago ........ 308
or property of the United States .... 412 Biunswick ..... ..... .308
regulations as so the diaw of the bridge. 412 Cheiiystone ... .. 308
litigation aissing from alleged obstiuction Corpus Christi . 308
to navigation by, where to be wed .... 412 Galveston 308
act may be amended, &c ........... 412 Geusgetown - 30S
Clothing, Pensacola........ .. 308
for destitute Indians and Indian tribes Saluria ....... 308
within the southern superintendency. 347 Saint Aunustine ........ 308
payments in lien of ..... ......... 485 Saint Malks .. . . . 308
to discharged soldiers for clothing not office of, of the districts of Oxford and
drawn ..................... 485 Vienna. Maryland, discontinued . 410
Clothing, Ready-made, of eastern district of Maiyland estab-
duty on impoited .................... 561 lished .......----- --------- 410

HeinOnline -- 14 Stat. 854 1863-1867


INDEX.

CoMetors of Customs, (continued) Collectors of Internal Revenue, (continued.)


in the collection districts of North Caro- to give certificate to manufacturer, &c
lina, reqidence and salary of ........ 411 of tobacco, snuff, or cigars, for what the
share of pioceeds of fines, penalties, and bond has been given ............... 123
forfeituies from seizures for breach of may take transportation bonds for trans
customs laws .............. 546, 547 fer of tobacco, &c................... 125
may tefuse to delivet imported merchan- to collect taxes due monthly, &c. for man-
dise in their custody, when notified in ufactured ai tiles ................ 130
writing of lien fur ficight theteon, until in ports where there is more than one,
fieight is paid or secuied .......... 547 one may be designate4 to attend to ex-
not to be liable foi losses consequent upon portation ......................... 153
refusal to deliver ................ 547 may administer and certify certain oaths 153
Collectors of Internal Revenue, may or not approve of bonds of distilleis
knowingly receiving public money from, or rectifleis .... ............... ... 154
except as authorized by law, to be to give permit in writing to set up stills,
deemed embezzlem-nt ............ 65 boilers, &c......................... 154
duties of, in the collection of tax upon to make report on building for bonded
unmanufactured cotton ......... 98-100 warehouse for storage of digtilled spirits 155
acting as disbi sing officers to be allowed to approve bond of owners of warehouse. 155
certain bills heletofore paid assistant to collect pay of inspectors, &c. of spir-
assessors ....................... 105 its .......... ................ 155, 156
commissions of, in districts whence and to decide upon necessity of assistant in-
to which cotton and distilled spirits are spector for any distillery ............ 156
shipped, &c ................... 106 to designate persons to take temporary
moneys paid into treasury on account charge of distilleries ................ 156
of sales of stamps to breweis to be may inspect books of owners, &c. of dis-
included in estimating .. .165, 166 tillenes ........................... 157
accounts of, after June 30, 1864, to be ad- of brewers ....................... 165
justed to fiscal year ............... 106 to cause distilled spirits, upon request,
apportionment of commissions in cases of to be ganged and proved and casks
death, removals, &e .......... ... 106 m arked ............................ 162
no payment to, for salaries, unless commis- to send commissioner copy of return..... 162
sioner certifies that all reports required to approve bond of brewers .......... 164
of, have been received ... ....... 106 to keep on hand a supply of stamps for
to give notice that taxes are payable and the use of biewers .................. 165
of the time and place of payment ... 106 may give petmit for removal of ale and
duties of, in the collection of taxes .106 - 110 porter, &c.without stamps affixed.... 167
as to distraint and sale of personal not to be or become interested in the pro-
property ........ ...... ..... 107 duction of distilled spirits or feimented
as to sales of real estate .. .108, 109, 110 liquors ............. .. ....... ... 168
may buy property offered for sale for pay- to make statement under oath of amounts
ment of taxes, if amount of tax is not of fees received ................... 168
bid ....................... 108, 109 duty of, in cases of seizure of goods as
may sell such property ...... 108, 110 subject to forfeiture .............. 169
to be charged with whole amount of taxes appropriation for salaries, &c.of ....... 205
in lists, stamps, moneys collected for, acting as disbursing agents, to disburse
&c .. ..... .... ............... 110 what moneys ................. 326, 327
to be credited with what ............. 110 their bonds to bind as to such moneys... 327
dying, lists, &c. to be deliveled to succes- vacancy in office of, how filled ........ 473
sor ....... 110 and deputy collectors, penalty upon for
to collect taxes and prosecute for forfeit- demanding or accepting any money,
ures and penalties ............ 111, 145 &c for co~npromising, &c. any charge
suits how and when brought ... 111, 112, for violating the law relating to internal
145 taxes ......................... 483
not to be commenced without appropriation for salaries and expenses
authority ............. 111 of ............... ....... ....... 445
United States not subject to not entitled to any part of salary unless
costs, &c ..... ........ .... ll confirmed by Senate, except, &e...... 445
to be repaid amounts of judgments paid Colleges. See Aqncultural Colleges
by, and damages and costs recovered extension of time under act relating to
against them ..... ..... 111 agricultural ...................... 208
judgments foi taxes to be paid to. .1 army officers may be detailed as presi-
may seize taxable property held to be dents, &c of ........................ 336
sold, &c. in fraud of revenue laws. . ll Collins, John,
raw materials, tools, &c. for manu- may select lands for services to Chippe-
facture in fraud of the law .... 112 was ............. ................ 658
pioceediugs to enforce forfeituie ... 112 Colonel of Ordnance,
special taxes to be paid to ........... 113 appropriations for, and for office of.. 199, 200,
to give receipt for special taxes ....... 113 449, 450
receipt to state what............ 113 additional employees in office of .... 449
to approve bond of manufacturers of to- Colorado,
bacco, snuff, or cagats .............. 123 post-roads established in ............. 6, 551
may require the same to be ienewed approprations for government in.. 204, 454
or changed ........ ...... .. 123 for Indian service in .......... 279, 512

HeinOnline -- 14 Stat. 855 1863-1867


INDEX.

Colorado, (continued.) Colubian Institution for the Deaf and Dumb,


territoryof, to be settled with, for the ser- appropriations for the support of, 21, 317, 464
vices of its militia forces ............. 371 not ovei ten deaf mutes may be ieceived
amount found due to be reported to therein fioin the States and Teriitories,
Congress ................... 371 and how ................. 465, 465
net proceeds of internal revenue of, for additions to buildings .............. 465
three years, to be applied to erection of enlargement of giounds ......... .465
penitentianes in ........ ........... 377 incteased supply of Potomac water,
limit of amount to be expended .... 377 &c ....... ..... ... .... .. 465
at what places to be erected ........ 377 Combnq Wools,
Colored Chldren, under the tariff act, to include wh it .. 559
grant of cei tam lots of land in Washing- Commandant o Ma ine Coips,
ton, D. C., for the sole use of schools for 343 rank and pay of the . .... .. ... 517
Colored Persons, Cammandantsof avuy- Yards,
certain, in the District of Columbia, who, pay of clei ks to, te eased twenty-five per
befoie their emancipation, had agreed cent ............. ................ 345
to be man and wife, and living together Commande, s, (Nay-.)
as such, to be deemed husband and wife 232 number of giade of, in navy established. 222
their children legitimate ......... 236 increase in grade, how made .......... 222
children of those who have ceased to Commanders See Rebel States.
cohabit ..... ...... 236 of military districts composed of rebel
Colored Schools in the Districtof Columbia, States ...................... 428
cities of Washington and Georgetown to who to be, and how appointed..... 428
pay to ti stees of, the pi opot tonate part their poweis and duties. ........ 428
of certain school moneys ......... 216 Commandinq General's Offie,
money when to be payable....... 216 appropriation for expenses of ....... 485
ai aenlon of debt may be maintained Commerce,
theiefor ........ ............ 216 treaty to encourage, with Japan ....... 655
Colored Soldiers, Comme cend Navgation,
resolution respecting bounties to, and ieport on, how to be prepared .......... 331
pensions, bounties, and allowances to Comie cial Aqrnts and Agencies,
their hens . ... .. .357, 367, 368 appropriations foi pay and expenses of .413,
presumption to hold that they were free- 414
men at time of enlistment when noth- no pay to any agent who is not a native
ing to the contrary appears ..... 357, 358 or naturalized citizen of the United
what to be sufficient pioof of maniage States ....................... .414
of, to seuie arears of pay, pensions, Commercial Aqents qf the United States,
&c, to widows and heirs of ........ 358 appropiations for expenses, &e of ..... 225
agent or attorney making claim for boun- fees of certain, to be accounted for. ... 226
ty to file oath that, &c.............. 368 excess of over $ 2500, above, &e to
fees of ..................... 368 be paid, &e ............... .226
sales, &c of discharges by, for purpose of Commercial Brokers,
selling interest in bounty, null and void 368 definition of, and special tax on ........ 117
where payments are made by check, tax (monthly) on all sales by..... ... 134
claimant to establish his idenuty ..... 368 sales made by or through another
Colored Soliers and Sailors, broker, not to be included ........ 135
pensions, bounty, and back pay of, to go Commssartes of Subsistence,
to widows and children upon what proof number, rank, pay, &c of .............. 334
of marriage ........................ 58 Commissary-General,
Colored Troops, appropriations for, and for the office of.. 199,
nambe of regiments of cavalry .... .. 334 449
of infantry ................... 334 additional employees in office of.... 449
officers of, to be deemed officers of volun- Commissarq-Geneialof Subsistence,
teers ... ........................ 337 appointment of......... ....... 336
chaplains for, to instruct enlisted men. . 337 rank, pay, and emoluments of. ..... 334
Colored Volsnteers or Drafted Men, assistant commissares-general of subsist-
payment of awards to loyal claimants for ence .........................334
services of ......................... 321 commissat;is of subsistence .......... 334
claims of loyal persons for services of, as Commission See Commissioeer, Commnisoners.
repoited by commissioners, not to be to select site for a building for a post-
paid until report is approved by Con- office, and to accommodate the courts
gress .....................376, 377 of the United States in New York
Colored Women and Children, City ... .................... 356
appropIilation for association for relief of 317 repot t of, to Postmaster-General and the
ClunbiFre Clompanyl, Secretary of the Interior ........... 356
in Washington, D. C., not to be dis- to be communicated to Congless, if,
tuibed in the use, &c. of the Columbia &c ............. 356
Engine-house . .. ... 397 to run the boundary line between the
Columbia Hospital fcor, 4 oe' and Lying. United States and the Bntish posses-
Asylum, sions, appropriation for the expenses
act of incorporation of............... 55 of the ................ ..... 415
officeis, objects, and powers of the associa- to purchase a site for a building for the
tion........................... 55 post-office and United States cotts in
appropriations for ................. 316, 465 New York City .............. 563, 564

HeinOnline -- 14 Stat. 856 1863-1867


INDEX.
Commission, (continued.) Commissioner of Indian Affairs, (continued.)
to select a site for the post-office and sub- to report to Congress hostilities by Indian
treasury in Boston ................. 573 tribes ............................. 515
to report to the Postmaster-General and tabular statement of separate objects
the Secietary of the Treasury ........ 573 of expenditure ................. 515
to settle claims of loyal Choctaws, &c. Commissioner of Internal Rptenue,
driven fi om theit homes .. ....... 782 appropriations for, and for office of the 195,
to deteimine claims of loyal citizens of 445, 446
the United States for damages by the reorganization of office of .......... 170
Choctaws, &c ................. 782, 783 deputies, solicitor .................. 170
Commissioner, heads of divisions, clerks, messengers,
undi reciprocity treaty, appropriation for laborers ................. ......... 170
pay of .......................... 19 to establish rules foi the observance of
on claims of Hudson's Bay, &c. Agricul- revenue officers, district attorneys, and
tural Company, appropriation for pay- marshals, respecting suits under the
ment of in full ................... 226 internal revenue laws ............. 472
to examine the claims of the State of to have charge of real estate conveyed to
Iowa, for moneys paid, &c ......... 247 the United States under the internal
Comnmssioner of A qi icsltu e, revenue laws ............ .......... 472
appropriation for office of the .... 201, 451 of all trusts, &c ................ 472
duty of, in distributing seeds, cuttings, may sell real estate at public auction, &e 472
and plants ................ 201,202, 452 may reconvey to debtor land taken, upon
to procuie cases -for protection of collec- pavment of debt and interest ......... 472
tion of plants, given by Fiederick Pech 357 may designate any assistant assessor to
to erect a depaitment of, in reseivation, make assessments upon specified objects
number two .............. 464 of taxation .................... 472
plan of, and how constructcd .......... 464 further proceedinEs in this matter.. 472
annual report to Congress ........... 452 may pay for the detection, trial, &c. of
Commissioner of Bi eau of Refugees, 6-c, persois violating internal revenue laws 473
constituted the custodian of a certain re- to prescribe form and manner of list or
tamed bounty fund, and appointed trus- ieturn of income for taxation of the
tee ........ ....... .... ... ..... 545 oath taken thereon, and of the notice
may invest the fund, and for what pur- before the assessment of the penalty 479, 480
poses .......................... ... 545 may authorize to order and require
provisos ....................... 545 changes or additions to distilling ap-
Commsszoner of Customs, paratus, &c ......................... 481
appropriation fir, and for office of.. 195, 196, may authorize specially any officer of in-
445, 446 ternal revenue to seize property subject
Commissioner of Educatzon See Department of to seizure ............ ............. 482
Education may prescribe notice for sale of distilled
appointment, duties, and salary of...... 434 spirits by auctioneer ................ 482
annual report of ................... 434 may prescribe rules for the destruction of
first report to state what ............... 434 forfeited spirits which cannot be sold
Commissioner of Freedmen and Refaqees, for the amount of the tax .......... 484
to appoint agents, clerks, and assistants 175 Commissioner of Patents,
their salaries ................. 175 illustrations and descriptions of report of,
soldiers to have the preference appropriations for ............... 464
in appointments ........... 175 to be paid out of patent-office fund.. 464
may seize, hold, use, or sell lands and Commissioner of Penstons,
buildings belonging to the so-called appropriations for, and for the office of.. 197,
confederate States ......... .. . 176 198, 447
proceeds of sales, &c how applied.. 176 additional clerks in .......... 447, 471
to co operate with private benevolent as- appropriation for ................. 471
sociations in aid of freedmen, &c ..... 176 Commissioner of Public Buldnqs,
to provide buildings and furnish teachers appropriations for office of the.. 197, 198, 447
and protection .................. 176 salary of the, established ............ 206
Lmisstener afF eednen's Bureau, to prosecute for unlawful tapping of gov-
to dn ect expenditure of temporary relief ernment water-pipes ............... 251
for the destitute population in the Dis- to employ additional watchmen for the
trict of Columbia .............. 353 Smithsonian grounds ............. 365
Comiissionerof Gene at Land Office, to furnish proper offices for the depart-
appropriations for the office of the... 197,447 ment of education ................. 434
additional clerks and labore s in office office of, abolished ................... 466
of ..... .......... ........... 447 duties now performed by, to be done by
part may bp used for piece-work .... 447 chief engineer of army .............. 466
work to be given only to persons Commissioners,
in indigent circumstances, and to to determine claim of Missourn for moneys
soldiers and the widows of soldiers 447 expended .... ............... ..... 38
to be done by the employees in their authority and duties ....... 38, 39
person ................. 447 upon expenditures of West Viiginia in
Commissioner of Iud,an Affairs, aid of the suppres'ion of the rebellion 68
appropriations for, and for the office of 197, 447 to revise and consolidate the general stat-
pay of eight extra clerks in the office utes of the United State ........... 74, 75
of the ..... ................... 462 their appointment, duties, and pay 74, 75

HeinOnline -- 14 Stat. 857 1863-1867


INDEX.

Coamissioners, (continued.) Commutation of Ratens,


ten professonal and scientific, to the provisions of law as to, to apply to en-
Universal Exhibition at Paris, their listed men who died as prisoners of
appointment, pay, &c................ 863 war, or after their release ............ 423
who not to be ................ 363 to whom to be paid .......... 423
twenty additional authorized ...... 363 Compensation, Additional. See Addtional Com-
upon claims of loyal persons for services pensaton
of coloted volunteers or drafted men to to employees in the civil service of the
be made to Congress .......... 376, 377 government at Washington, whose pay
no money to be paid until report is does not exceed $3,500 per annum .. 569
approved by Congress ....... 377 Compound Interest Notes,
appropitation for salaries of ..... 412, 413 act to piovide for the payment of ..... 558
to revise and consolidate the statutes of tempoi ary loan certificates may be issued
the United States, appiopriations for to redeem ............... ..... 558
expenses of the .............. 455, 456 amount outstanding at any nime not
Commissioners of C cUlt Courts, to exceed $ 50,000,000 ...... . 558
of circuit court for duty under civil rights rate of interest ..... . .. 558
act ....................... 28, 29 pticipal and intetest payable in law-
may appoint persons to exc ete warrants 28 ful money ............... 558
warrants to run where ............ 28 may be held by national banking as-
fees of, and how paid, &c............... 29 sociatons as part of their reserve, 558
act to extend the jurisdiction of the .... 343 two fifths of reserve to be of law-
may exercise the powers of a justice of ful money ............... 558
the peace .............. 343 Comptroller of the Currency,
jurisdiction of, in segaid to discharge of appropriations for, and for office of the . 195,
debtors from arrest or impiisonment 197, 3204, 445, 448
the Treasury,
under process from courts of the United Comptrollers of
State ......................... 543 appropriations for the offices of. .194, 196, 444,
Commissioners of Quaiantine, 446
certain bulks and vessels of the United Computation of Time,
States to be placed at the disposal of rule for, under the bankruptcy act .540, 541
the .... .. ..... .............. 351 Comstock Lode, (Nevada)
Commissioners of the United States, constiuction of a mining, draining, and
appropliations for ................. 224 exploring tunnel to ........... 242, 243
Commissione s to revise Statutes, Concea t Balls, Proprietorsof,
appropi iations for .................... 315 definition of, and special tax on ...... 120
Comnmissions, ConditionalContracts. See Bankruptcq
not to issue to ofticei s until after exam- provision as to performance of those of
ination .... ...... ............ ... 336 bankrupt, by assignee in bankruptcy 523, 524
of assessors and collectors in cei tam dis- Confectioners,
tiicts on certain spirits shipped ..... 473 definition of, and special tax on ........ 118
of assignees in bankruptcy ........... 531 additional special tax on certain . ... 417
Committee, Joint, Confederated Tribes and Bands of Indians o/
upon the condition of the so-called con- Middle Oreqon See Middle Oeqons
federate States of America, apptopria- supplemental treaty with, of November
tion for the expenses of............. 349 15, 1865 .. .... ........... ...... 751
Committee on P sntinq, Confiscation Laws,
duties of, in reference to procuring paper of Cherokee nation repealed, and owneis
tot the public printing ............ 305, 306 restored to rights ........... 799, 800
Committee on Retrenchment, provision as to improvements . .799, 800
appropliatton for expenses of joint ...... 564 Congress See Thanks of Conqress
Comnimodores, gratitude of the nation to the officers,
number of grade of, in navy established.. 222 soldiers, and seamen of the United
increase in grade, how made ........... 222 States expressed by .......... 354, 355
Common Carriers, act to fix the times foi the regular meet-
cars, engines, &c not to be fofeited for ings of ...... .. .... .. ... ... . 378
violation of ievenue laws unless owners, additional meeting of Congress piovided
&e were ptivy thereto ............... 179 for .......................... 378
Commutation, members of previous Congiess to receive
money paid for, by persons drafted who no compensation as mileage at this ad-
were not liable to service ............. 417 ditional session ................... 378
Commutation Fund, Congressional Globe and Appendix,
portions of, eppropi iit-d to pay awards to appropriations for.... 191, 192, 193, 441 - 443
loyal persons for services of colored a complete set to be fut ished each new
volunteers, or drafted men ........... 321 senator ..... .. ....... 192, 411, 412
loyalty of claimant to be shown ....... 321 senatois having paits of sets to have sets
no money to be paid until final report of completed ................ 192, 411, 412
commissioncis .................... 321 reporting pioceedings in, and additional
Commutation of Officers' Subsistence, compensation to reporters . 191, 192, 193,
provisions as to, to be continued one 411,413
year ................. ........ ... 337 notice given to terminate the purchase of
officers furnished with quarters not en- sets............. ...... 412, 413
titled to ........................ .337 notice to publishers of, to terminate exist-
appropriations for ................... 485 ing agicement with them ........... 471

HeinOnline -- 14 Stat. 858 1863-1867


INDEX.

CongressionalJournals and Documents, Consularand DiplomaticExpenses, (continued.)


appropriation for expenses of packing and rent of prisons tor American convicts... 225,
distibuting ................. 197, 447 414
Congressional Library. See Library of Congress commissioners, &c. to Hayi, Liberia,
appiopriation for heating apparatus for.. 456 and Dominica ................... 225, 414
Congressional Printer, title of hereafter to be minister-resi-
act providing for the election of ........ 398 dent and consul general, but no
qualifitations and duties of........ 398, 399 increase " salary.... ....... 226
to be deemed an officer of the Senate, and suppression of slave-trade .. 226, 415
how designated ..... ........ 398 immigration.................226, 415
salary of ........... 399 commissioner on claims of Hudson's Bay,
office of superintendent of public printing &c Agricultural Company .......... 226
abohhed ........... ........ 399 neutrality act ..................... 226, 415
Congress, Members of, boundary line commissions ........ 226, 415
compensation and mileage of ........... 323 capitalization of Scheldt dues, second in-
Connedl, William T, stalment ................. 226, 415
payment to, as a soldier ............ 645, 646 cemetery fences and sexton's house in
Conrad, Isaac, Mexico ........ ..... ........... 228
payment to, as a soldic ............ 645, 646 appointment, &c, of second assistant sec-
Conservatory retary of state, and of examiner of
at the President's mansion, appropriation claims ............................ 226
for .... ............. ........... 17,463 their salaries .................. .. 226
Conspiracy, fees collected by consuls or commercial
to commit any offence against the laws of, agents or their deputies, to be account-
or to defraud, the United States, if ed for to the Secretary of the Treasury 226
either party thereto does any overt act excess over $ 2500 a year above of-
to effect the oiject thereof, how pun- fice rent and clerk hire, to be
ished ..................... .. 484 paid to Secretary of Treasury ... 226
offence deemed to be committed where, salaries of envoys-extrantdinary and min-
when begun in one judicial distlict and isters-plempotentiar) heteafter appoint-
completed in another ........... 484 ed, when to be only those of ministers
Constitution ofthe United States, resident .... ......... ... ....... . 226
proposed amendment to the ......... 358, 359 no money appropriated by this act to he
Constitutions bee Rebel States. applied to the payment of any diplo-
to be formed hy people of rebel States.. 429 matc representative, consul, or commer-
provisiong relating to .................. 429 cial agent, not a citizen of the United
Constructionand Repair, States, native or duly naturalized.... 414
appropisations for bureau of .. 200, 201, 450, Consular Clerks,
451, 491 Consuapropiiationsfor pay of ......... 413
additional clerks in .............. 207 r Courts,
salary of draughtsman in bureau of, es- Coapropriation for certain expenses of 225, 414
tablished ..................... 450 C tes en Turkish Dominions,
Consular and Dplomatic Expenses, appropriations for ................. 224, 413
approptiations for the years ending June Consultes,
30, 1867, and June 30, 1868 ... 224-226, established at Mahe, Seychelle Islands,
412-415 and at San Domingo ............. 414
envoys, ministers, and commissioners. 224, 412 added to schedule B ............... 414
secretaies and assistant secretaises of Consul at Quebec,
legation .. ................ 224, 413 compensation to ...................... 312
interpreters ................... 224, 413 compensation of, established ........... 414
contingent expenses ................ 224, 413 Consul-generalat Alexandria,
intercourse with Barbaiy powers .... 224, 413 certain power given to ............... 322
consulates in the Turkish dominions, 224, 413 Consuls-general,
American seamen, relief and protection of 224, appropriations for ........ 224, 225, 413, 414
413 Consuls in Egypt,
rescuing seamen from shipwieck.. .. 224, 413 certain ludicial powers given to ........ 322
blank books, stationery, postages, &e 224, 413 Consuls of the United States,
office tents of consuls, &e who cannot appropriations for pay and expenses of.. 224,
trade ...................... 224, 413 225, 413, 414
at
consuls-general, consuls, commeicial pay of, established
agents, and consular clerks, 224, 225, 413, Baicelona ..................... 225
414 Chemnitz ................ ..... 414
pay of certain consuls established .. 225, 414 Hankow ..................... .. 225
no money to be paid to minister resident Lisbon ............ ............ 225
at Portugal................... 225, 413 Mahe ....................... .. 414
this provision to continue in force M alta ........ ..... ........... 225
until repealed by Congress ...... 413 Mantch ....................... 414
no money to be paid for the support of Nantes ......................... 225
an Alerican legation at Rome ..... 413 Nice ............................ 225
interpreters to consulates and consular Prince Edward Island ............. 225
courts ................... 225, 414
... Quebec ............... ........... 414
bringtng home persons charged with Rome ........................... 414,
crime .................. 225, 414 Saint Cathennes (Biazil) ......... 225
maisbals in consular courts ......... 225, 414 Saint John (Canada East) ......... 225

HeinOnline -- 14 Stat. 859 1863-1867


INDEX.
Consuls of the United States, (continued.) Copyrights, (continued.)
pay of, established at penalty, how collected....... .... 395
Santa Cruz .................... 225 copyrighted articles may be sent through
Spezzia ......................... 414 the mails fieeof postage, if marked,
Tampico ........................ 225 &e . .................. ............ 395
fees of certain, to be accounted for duty of postmasters in their regard.. 395
to Sccretaty of Treasqry ............ 226 appropriatons for expenses of...... .464
excess of over $ 2500 a year above, &c to be paid out of patent-office lund. 464
to be paid to Secretary of Treasuty.. 226 Cornish, Nathan,
no pay to any not a native or naturalized demand of, to be audited and settled ....609
Comnley, Enii,
citizen of the United States .......... 414
Contempt, name of, changed from Emil Cohen ..... 591
of court in proceedings under bankruptcy Corpe, attons,
act, may be punished by court ........ 517 in all grants to, where the United States
registers in bankiuptcy cannot commit rescues the right to appoint diectois,
for ................................ 519 engineeis, commissioners, &c. to ex-
Contractoi s, amine ioads, and act with the officeis
definition of, and special tax on ........ 121 of the company, all expenses and pay
act for relief of certain, for the con- of such pesons are to be borne by coi-
struction of vessels of war and steam poranons .. ...................... 299
machinery ......................... 424 rate of pay to such peisons" ....... 299
claims of, to be investigated ............ 424 if company neglects to pay, no more
report to Congress .................... 424 patents for lands, &c. to isue ... 299
Contracts, provisions concerning the bankruptcy
propoqals for, by executive depArtments of............................. 534, 535
in Washington, D. C., to be in what to what does the bankruptcy act apply 535
newspaper ...................... 50 fraudulent conveyances and pielciences
for works, or for materials or labor for by,Noid ....................... 535
works, to be separate for each work, no allowance to be made, or discharge
and for each class of works .......... 73 granted to ............ ..... 535
for building certain lighthouses to be with property to be distributed among creditors 535
lowest bidder, with security, after ad- claims of, against bankrupts, how may be
vertisement for pioposals ............ 425 verified ...................... 527
ContractsJoi Sale. See Sales. See Bankruptcy
of stocks, coin, bullion, &e. by banks, Carps of Enqineeis,
&c., tax upon ...................... 134 in the army to consist of, &c ........... 335
Conveyancers, Corpus Chrish,
definition of, and special tax on ......... 118 customs district of, in Texas, established 308
Conviction, 6&c, includes.what ................. 308
of counterfeits of United States securities port of entry, Corpus Christi ..... 308
and coin, appropriations for ......... 455 collector to reside there ....... 308
Convicts, port of delivery, Aiansas .......... 308
support and maintenance of certain .... 19 salary of collector at, established ...... 308
confined in prison under any law of the Costs,
United States, conducting themselves bill of, in suits before justices of the peace
well, to have deductions made from the in the District of Columbia .......... 402
term of their sentence ................ 424 plaintiff not to recover in cet tain suits in
rate of deductions ................ 424 the District of Columbia, when, &c... 406
to be made upon certificate, &c. 424 in bankruptcy, provision conceining.... 540
Convicts, Foreign, See Bankruptcy.
protest against pardons of, by foreign Cotton, Unmanufbatured,
governments on condition of emigra- to pay an internal revenue tax of three
tion to the United States ............ 353 cents a pound....................98
such acts not to be repeated ............ 353 by whom to be paid".............. 98
Cook, Amardla, weight, how ascertained .......... 98
pension to ............................ 592 tax to be a lien until paid.......... 98
Cook, James C., no diawback on when exported raw. 98
may apply for extension of letters patent no tax upon imported ............. 98
for improvement in machines for form- tax, how to be levied and paid..... 98
ing button-backs, &c................. 622 collector to mark bales on which tax is
commissioner to act thereon, as if, paid, and give permit for iemoval .. 98
&c ................................ 622 to keep records of inspections and per-
Cook, Wdliam, mits, and make returns monthly.. 98
payment to .......................... 600 permit to state what ............. 98
CopperplatePrinting, place to be designated where cotton may
books and maps for State Department.. 194 be brought to be weighed and marked 98
appropriations for ..................... 444 revenue officers may go and mark, if
Copyriyhtv, their expenses are paid ............. 98
certain, may be purchased by Secretary when weighed and marked, &c may be
of Navy ........................... 67 removed to another district upon exe-
act amending acts relating to ......... 395 cution of transportation bonds, &c . . 98
proprietors of articles copyrighted, failing to be delivered to collector on art ival,
to deliver copy within a month after and kept until tax is paid ....... 99
publication, subject to a penalty of $ 25 395 tax to be paid in ninety days .. 99

HeinOnline -- 14 Stat. 860 1863-1867


INDEM
Cotton, Unmanufactured,(continued) Court of Claims,
collector to be notified of permits appeals allowed from judgments of, to
granted and amount of taxes due, the Supreme Court of the United States 9
and of bonds, &c............... 99 regular session of, when to commence.. 9
transport iron of cotton fiom place of clerk of, at end of every term to send copy
production unless marked, forldden.. 99 of its decisions to heads of depaitmerits
or fiom any State in which cotton is and to all officers charged with adjust-
produced to any other place with ing claims agafnst the United States.. 9
out certificate, &c .............. 99 act to extend junsdicton of ........... 44
penalty for so doing, fine, impris- claims of dlsbi sing officers for relief on
onment, and vessels, vehicles, and account of losses by captuie, &c. to be
cotton forfeited ................ 99 heard ......................... ... 44
drawback upon manufactures exclusively appeal to the Supreme Court...-... 44
of ........................ ....... 99 decree and its effect ............... 44
amount, and how ascertained ...... 99 jurisdiction of, foi certain matters, not to
manufacturers of cotton in districts of extend to the counties of Berkeley and
production to make monthly state- Jefferson, West Virginia ............ 360
ment to assessor under oath ......... 100 nor to Tennessee ................ 370
first statement, when to be made... 100 appropriations for ..................... 194
subsequent statements ........... .100 judgments of, in favor of claimants ... 194
books to be kept, and entties thereon 100 pay of deputy solicitor of established .... 325
to be open to inspection of rev- additional pay to messenger of .......... 325
enue officers ............. .100 not to entertain claims for supplies or
tax to be paid monthly ............... 100 stores taken or used by the Union
on manufactured goods not affected 100 troops, or for injuries caused by them
penalty for neglecting to make returns, in qny State, &c. declared in insuri ec-
or keep books, or making false re- tion, or, &c .................... 397, 398
turns ....... .................... 100 Tennessee and West Virginia not
fine, imprisonment, and forfeiture of affected hereby ................. 398
cotton, &c ..................... 100 appropriations for the expenses of the. 444
false oath in these matters to be pet- for attorneys to take testimony..... 444
jury ..... .................... ... 100 for wimesses and commissioners.... 444
general provisions as to collection, &c. for payments of judgmeuis in favor
of taxes, &e. alpcable to tax on cot- of claimants .................... 444
ton .......................... 100 witnesses in any case in the, not to be
rules and regulations concerning ........ 101 excluded on account of color ........ 457
appointment of inspectois, weighers, and jurisdiction of, extended to claims for
markers of ...................... 101 quartermaster's stoles furnished to
Cotton, forces under the command of Msjor-
not to be carried on deck or guards of pas- General Lewis Wallace, and duly re-
senger steamers, except, &c .......... 227 cerpted fi .......................... 572
import duty on ................... 328 Court of Inquiry,
tax of two and a half cents per pound, proceedings of to be revised, &c.by judge-
after September 1, 1867, on that pro- advocate-general .................... 334
duced in the United States ....... 471 Courts,
Counterfeit Bonds, Notes, 6-c See Penalty none to have or take jurisdiction of acts
penalty for buying, receiving, &e. with in- done or omitted to be done in pursu-
tent, &c ........................... 383 ance or in aid of any proclamations or
Counterfeiting See Penalty orders of the Piesident .............. 433
any bond, bid, record, &c to defraud the may be established among the Choctaws
United States .... ......... .... .. 12 and Chickasaws .................. .773
of coins, treasury notes, bond, &c ap- the Seminoles .................. .759
piopnation for detection and punish- the Creeks ................... 789
ment of........ ............ 22,310 provisions for, in the Cherokee coun-
of United States securrties and coin, ap- try ......... ...... ....... 800, 803
pioprianon for detection and convic- Courts Martial,
tion of persons engaged in ........ 455 proceedings of. to be revised, &c. by
County," judge-ad, ocate-general ......... 334
the word, in internal revenue act, may regulation, on the government of, to be
mean "parish," or any other subdivi- prepared, &c ....................... 338
sion of a State or Territory .......... 110 provision as to summary, in the navy.. 516
Court-House, See Summary Courts Martial.
for the United States courts in New York Courts in the District of Columbia,
City, commission to select site for .... 356 having criminal jurisdiction to give, act
Court-Houses, relating to the elective franchise in spe-
appropriations for, at Baltimore ....... 19, 26 cial charge to the grand jury at, &c .... 375
Boston .......... 22 appropriations for the salaries of thd'
Charleston ........ 470 judges in .......................... 455
Des Moines.. .319, 461 Courts of th United States,
IndianapolIs ...... 22 jurisdiction and duties of, under the civil
New York .... 563, 564 rights bill ......................... 27
Portland ....... 26, 319 how enforced .................... 27
Providence ....... 22 removal to, of suits commenced in State
Springfield, Ill. 310 courts ............................ 27

HeinOnline -- 14 Stat. 861 1863-1867


INDEX,
Courts of Zhe United States, (continued.) Creeks, (continted.)
appropriation for expenses of....... 198, 448 inconsistent treaty provisi ns annulled.. 790
safe-keeping of prisoneis and prose- ratification with amendments ......... 791
cution of crime ........... 448, 449 amendments assented to ............ 791, 792
aourts of the United States zn New York City, Creighton, Captain,
cominnssion to purchase site for building master of the ship Three Bells, gold medal
for, and for post-office .......... 563, 564 and reward to ........ ............ 365
lower part of City Hall Park may be pur- Criers of Courts,
chased ........................ 564 in the District of Columbia, pay of ... 408
title and condition .............. .564 Crime,
Secretary of Treasury authorized to appropriation for expenses of prosecu-
pay therefor .................... 564 tion of ................... .448, 449
Creek Orphan Fund, expenses of bringing from foreign coun-
bonds held in trust for, to be sold, and tries persons charged with .......... 414
proceeds how applied ................ 788 for detection and punishment of counter-
Creeks, feiters of United States securities and
appropriations for the .... 259, 272, 320, 498, coin ............................... 455
499 of violation of the internal revenue
treaty with, of June 14, 1866........... 785 laws ........................... 473
peace and friendship with the United Crimes. See Penalties, Jurisdicton.
States, and with other tribes ......... 786 act to punish certain, in relation to the
military protection and occupation by the public securities and currency ....... 383
United States ................... 786 begun in..ue judicial district and com-
amnesty for offences against the United pleted in another, to be deemed to be
States and against their government.. 786 committed in either, and may be toed
slavery, &c. not to exist among the ..... 786 in either .. ........................ 484
rights of those of African descent ....... 786 act for punishment of certain, in the Dis.
cession of lands to the United States, as tnct of Columbia ................. 406
homes for civilized Indians .......... 786 Cris.fld,
payments therefor, and mode of pay- made port of entry for Eastern District
ment .................. 776, 787, 791 of Maryland ....................... 410
losses of loyal refugee Indians and freed- Crocker, HarrietB.,
men, soldiers enlisted in the Federal pension to ............................ 592
army ......................... 787 Cross, Mary A.,
how to be ascertained and paid. 787 pension to ........................... 631
census to be taken, &c ................ 787 Crossledqe Shoal,
right of way granted for railroad ....... 787 lighthouse board to make survey of, &c.. 425
conditions of grant of right of way..... 787 to report with estimates to next Congress
will sell lands contiguous to the road, to as to erecting lighthouse thereon ..... 425
the United States or the railroad com- Croswell, William,
pany .............................. 787 pension to ........................... 605
such lands not to be sold, &e....787, 788 Crowell, John H.,
orphan fund and manual-labor school for credit to be allowed to, in settlement of
orphan children ................. 788, 791 accounts ........................... 580
Seminoles may convey lands to the United Crowley, Cornems,
States ............................ 788 Jp
ension to ......................... 593
line dividing Creek country to be sur- Cr Oil,
veyed ............................. 788 exempt from internal duty ............. 355
agency buildings and land therefbr ...... 788 Crude Petroleum,
legislation by Congress for rights of per- not to be carried on steamers, except,
sons and property ................... 788 &e .... ... ...... .... ... ..... 228
general council may be convened annu- exempt fioru internal duty ............. 3855
ally .. ....................... 788, 789 Cuba,
of whom to be composed ........... 789 act to encourage telegraphic conimunica-
time and place of meetings ........ 789 tion with ............ ............ 44
length of sessions and special ses- Curley, E. J.,
sions ......... ................ 789 payment to, for corn purchased by an as-
powers of ...................... 789 sistant quartermaster for the govern-
president and secretary of ........ 789 ment ... ................ ........ 618
pay of secretary and of members... 789 Currency. See National Currency, Penalty
census to be taken ................788, 789 act to punish certain crimes in relation to
courts may be established............. 789 the . ........................... 383, 384
this trety to be a full settlement of all Curtis, Ira B.,
claims ........................ 789, 790 pension to .................. ......... 592
diversions of annuities confirmed ........ 79b Cody,
annuities not hereafter to be diverted .... 790 money received by collectors for, to be ac-
treaty obligations reaffirmed ........... 790 counted for as storage ............... 188
lands granted for missionary or education- Custom-House Brokers,
al purposes ........................ 790 definition of, and special tax on ........ 117
not to be sold, except, &c........... 790 Custom-Houses,
when isold, proceeds to he how ap- appropriation for rebuilding, refitting, re-
plied ........................... 790 pairing, and furnishing .... 310, 460, 462
if abandoned for one year, to revert at Astoria ....................... 461
to Creek nation .............. 790 Bangor ............................. 311

HeinOnline -- 14 Stat. 862 1863-1867


INDEX.
Custom-Houses, (continued.) DanK, Levisa,
at Charleston .................... 310, 470 pension to ........................... 629
Cincinnati ...................... ... 17 Darien, Isthmus of,
Des Moines .................... 319 survey fdr ship canal .................. 311
Dubuque ... ................. ... 17 Damd's Island,
Island Pond ........... .......... 23 in Long Island Sound, to be purchased.. 566
Machias ....................... 461 Davis, Henry S.,
Middletown, Ct ..... ... 311, 461 payment to, for work done on patent-office
New Orleans ................... 460 building ........................... 625
Newport ................. 461 Dead Letters,
_New York. ............. 461 to be restored to writers free of postage.. 60
Philadelphia .............. .. 17, 25 Deaf and Dumb. See Columbian Institutwn, 4-c.
Portland .................. .. 22, 26, 319 appropnations for the ...... 21,317, 464, 465
Providence ..................... 22 Deaf and Dumb, Institutions for the,
St. Albans ........................ 22 certain articles manufactured in, not ex-
St Paul ....................... .316 empt from tax ...................... 475
Toledo ........ ........ ........ 310 Deaf Mutes,
Wiscasset..................... 460 not over ten in number may be received
Secretary of Treasury may sell at auc- into the Columbian Institution, and
tion the buildings and grounds known how ............................... 464
as De Ahna, Col. Henry Charles,
Alexandria .................. 467 payment to, for military services...... 612
New Hasen ................. 467 Deal's Island,
Norfolk ................ 467 office of deputy collector at, discontin-
Pet th Amboy ................ 467 ued ......................... 411
Portsmouth .............. 467 Debt. See Imprisonment for Debt
Sackett's Haibor .............. 467 provision as to discharge fiom imprison-
W iscasset . ...................... 460 ment for ........................... 543
may execute the needful conveyances Debts See Bankruptcy.
therefor........................... 467 provable against banktupt's estate... . 525
Customs, proof of, by resident and non-resident
appropnation for expenses of collection creditois ...................... 527
of revenue from ................... 354 evidences of, left in coit, how and to
Custom Officers, 4-c., whom may be delivered ......... 528
salaries of certain, changed and estab- and Sailors,
Deceased Soldiers
lished .............................. 308 national cemeteries for the burial of, es-
blank hooks, stationery, &c. to be fur- tablished ............. I ............. 399
nished to, on tequisition ......... 308 Decrees in Equity,
expenses of, how charged ........... 308 effect of sales under, in the District of
Cuyahoqa River, Columbia, upon rights of former owner 406
at Cleveland, Ohio, swing bridge may be court may order particular forms of con-
erected over and upon government veyance .................. ........ 406
piers ......................... 362 Declarotion of Rights,
plan, &c. of, how to be determined.. 362 of Maryland, the 34th section of, prohibit-
ing certain sales, gifts, and devises, an-
nulled .... ....... .... ...... ... 232
D. such gifts, &c. when to be made... 232
Dakotas, Deed,
appropriations for the ..... 273, 274, 508, 509 of real estate sold for taxes .......... 109
Dakota Territory, to be given upon surrender of certificate
appropriations fbr Indian service in .280, 512 of purchase ....... ......... 109
for government in ........... 204, 454 to be prima facie evidence of recitals
post-roads established in ... .6, 287, 288 therein .... ....... ... ...... . 109
arms and ammunition for defence of in- to convey what.................... 109
habitants of, against hostile Indians. 26 Defendants
net proceeds of internal revenue of, for in criminal cases in the District of Co-
three years to,be applied to erection of lumbia may have witnesses for them
penitentiaries in ............. ... 377 summoned and paid for by the govern-
limit of amount to be expended... 377 ment ..................... 407, 408
at yshat places to be erected . 377 Deficiency Approp-tons,
Damaged Merchandise, fdr tle years ending June 30, 1866 and
assistant appraiser to examine ...... 303 1867..14-26, 324-327, 373, 393, 468-471
Damages, coast survey ............. ....... 14, 15
to be paid to four treaty powers by Japan, lighthouse establishment ....... 15, 16, 324
for hostile acts of Prince Nagato, &c. 665 coasts of Califorma, Oregon, and
the opening of a port in the Inland Sea Washington ............ t6, 17
may be accepted in lieu thereof . .665, 666 repairs, &c. cf public buildings.. 17, 325, 373,
to loyal Seminoles driven from their 469
homes ............................ 757 Treasury extension ................... 17
to loyal Choctaws, &c driien from their court-houses at
homes ........ . .. ......... ... 780 Baltimore ...................... 17, 26
to loyal citizens for damages by Choctaws, Boston .................... ..... 22
&c .................... .......... 780 Indianapolis ..................... 22
to loyal Creeks, enlisted soldiers ........ 787 Portland ........................ 26

HeinOnline -- 14 Stat. 863 1863-1867


INDEX.
Deficiency Appropriations, (continued.) Deficiency Appropriations,(continued.)
custom-houses at no part to be paid to any one partici-
Charleston ....................... 470 pating in the rebellion ........... 468
Cincinnati ...... ................ 17 D. S. Payne for census of Idaho .... 22
Dubuque . ...................... 17 census of Arizona .................. .. 22
Island Pond ............... .... 23 mileage of government engineei examin-
Philadelphia ................... 17, 25 ing route of Union Pacific Railroad... 20
Providence ....................... 22 bridge over Big Sioux river and Oregon
Portland ........................ 22, 76 road from Sioux city ............. 21
St Albans ............ .......... 22 William H. Powell for naval picture .21
post-offices at botanic garden ................. ... 21
Indianapolis .......... ......... 22 Columbian Institution for the Deaf and
Portland ........................ 26 Dumb ....................... .. 21
Providence ..................... 22 surveying public lands ............ 21, 22
government warehouses and wharves at sick and disabled seamen ............. 21
Staten Island .................... 17, 26 marine hospital in Cleveland ...... 22
certain payments not to be made un- Atlantic and Pacific telegraph ....... 22
til, &c...................... 26 detection of counterfeiting treasury notes
burglar-proof safes or vaults ........... 17 and coins ................. ........ 22
office furniture and repairs ........ 17, 373 Arizona Territory ............... 24
public buildings and grounds. 17, 18, 325, 373, revenue agent at New York ......... 22
469 compilation of laws relating to re'ciue... 22
bridges and streets ............... 17, 18, 469 William Handy and John Hopley. ... 22
President's house and conservatory... 17, 325, additional compensation for stattes at
469 lige ...................... 23, 326
library of Congress ..... 18, 21, 23, 469-470 old treasury building............. 23
two additional assistants and temporary purchase of Ford's Theatre..... 23
help ..... ...... ........... ... 469 indemnity to Butler and Carpentii 23, 470
Iron stairways, sky-light, &c ...... 469 claim of Butler and Carpenter for engrav-
transient paupers in Washington ...... 18 ing special dies for revenue stamps to
repairs of Capitol ................... 18 be paid ................ ........... 470
room for Supreme Court .............. 18 disti tet attorneys and marshals for sup-
seweis and paving ............... 18, 469 pression of slave-trade ............ 23
fuel, lighting Capitol, &c........ 18, 19, 469 judges, arbitrators, and mixed courts .... 23
reser%ations . ........................ 19 Pennsylvania hank building may be sold 23
water-pipes, sewers, &c................ 19 additional clerk, for assistant treasurer
paving, &c... -........... -.........19 at Philadelphia................. 24
dome of Capitol ................... 19 branch mint at California ..... ....... 24
Capitol extension .................. 19, 468 deficiency appropriations for House of
burial of Abraham Lincoln ............ 19 Reoresentatives .............. 24, 3q3
jail in Distnit of Columbia ............ 19 Capitol police ... .............. 25
support and transpoitation bf convicts .. 19 stenographer ................. 25
preservation of collections of exploring certain employds of deputy provost-
and surveying expeditions ........... 19 marshal of the District of Colum-
office of Secietary of State ........ 19, 326 bu for special service ........... 25
laws, clerk hire ................ . 19 quartermaster-general's office.... 25
commission under reciprocity treaty. 19 Indian service in Utah ............ 25
office of Attorney-General ............ 20 plates, &c, for national currency
Department of the Interior, books and notes ..................... .25
maps for library ................. 20 no portrait of living person to
office of engineer .......... 21,374, 468 be engraved thereon ........ 25
account of engineer in charge of Union fuel for President's house and Capi-
Pacific Railroad and branches, laud tol ...................... ... 25
grant to railroads and wagon roads 20, 468 naval academy .................. 26
Assistant Secietary .............. 324 H A. Klopfer ................ 26
pension Bureau ............... 20, 468 bath-room of House of Representativcs 325
government hospital for the insane .... 20 additional pay of female clerks ....... 26
patent office and building ..........- 20 salaries of officers of the mint and of as-
carpets foi any public building to be sistant treasurers .... ... ....... 26
ofdomestic manufacture ........ 20 contingencies of executive office ....... 324
census office ..................... 20,468 biennial register .................. 324
amount due certain marshals and assist- Post-Office Department..... ...... 324
ants for taking the eighth census in pay of female folders in dead-letter
California ..... .................... 468 office ....................... 224
Kansas . ............. .....468 district attorney and marshal eastern dis-
Kentucky ................... 468 trict of New York ............ 324, 325
Maine ..... ... ... .......... 468 mail steamship service with Brazil .. .. 324
Maryland ...................... 468 watchman for dome of Capitol..... 324, 325
- Missouri ............. ........ 468 navy hospital at Washington .......... 325
New Mexico ................... 468 pay of deputy solicitor of court of claims
Ohio ................. ....... 468 established ........................ 325
Oregon ........................ 468 general land office .................... 325
Tennessee ..................... 468 sewer through botanic garden .......... 325
Washington ................... 468 provisions for construction of ....... 325

HeinOnline -- 14 Stat. 864 1863-1867


INDEX.

Deficiency Appropriations, (continued) Deficiency Appropriations, (continued )


lower water-closets of Supreme Court purchase of stereotype plates and copy-
room .... ..................... . 325 right of American Coast Pilot ....... 470
repairs to Long Bridge ............... 325 pay, &c of registers and receivers in cer-
twenty per cent additional to messenger tain additional land offices .......... 470
of court of claims .............. 325 geological survey of Nebraska .......... 470
Indian service in Nevada ............. 326 how to be prosecuted ................. 470
payment to James W Nye .......... 326 ten cents a cask to be collected on gaug-
payment to Edward Jarvis for digesting able goods exported, upon which draw-
tacts as to mortality, &c. by census of back is allowed, and upon such goods
1860 ..................... 326 withdrawn from bonded warehouse for
expenses of delegation of southern Cher- export ............................ 470
okees .............. ....... 326 salary of gaugers at New York ........ 470
sum to be refunded from, &c ..... 326 not to exceed in any year the amount
increased pay of judges of Supreme Court of fees earned by them ......... 470
of District of Columbia ........... 326 a certain surplus to be transferred for the
quieting title to occupants of certain lands purchase of books for the library of
conveyed by the United States ....... 326 Congress . .................. ... 470
collectors of internal revenue acting as pay of deputy surveyor at San Francisco 470
disbursing agents to disburse what temporary clerks m quartermaster genet-
moneys . .............. 326, 327 al's office ..................... 326
increase of pay to Capitol police ....... 327 pay of, established .............. 470
depository at Saute Fe............. 327 appropriation therefor ............. 470
additional clerks, &c............... 327 salaries of district judges in the United
life-saving stations ................... 327 States courts established ........ 470, 471
quartermaster-general's office ......... 327 t) be in full for all official seivices.. 471
contingent expenses of Senate... 24, 327, 469 appropriation for increased amount . 471
index to Senate list of private claims 327 additional compensation to reporter of
estimates for ite-proof buildings for war decisions of Supreme Court, if second 471
department .................. .. 327 volume is published in any year ......
amendfient of act 1849, ch 129, § 4.. . 327 certain copies to be delivered for dis-
public punting ................ 41,373 tribution ................... 471
paper for public printing ..... ... 373 appropriation ............. 471
bureau of statistics ................ 373 notice to publishers of Congressional
southeast executive building and exten- Globe and Appendix to terminate
sion. ................... 373 agreement ............. .. .. 471
office of sixth auditor ............. 373 additional clerks authorized in the office of
heating apparatus ................ 373 the commissioner of pensions ...... 471
supervising and local steamboat inspec- clerkships to expire at the end of two
tols ........ .......... 373 years ............ ............. 471
furnace-room and stable at executive man- appropriation therefor .............. 471
sion ................... 373 Dettrich, Lewis- W
metropolitan police .............. 374 pension to ........................... 583
compensation of, increased, and how Delaware,
to be borne ........... ...... 374 post-roads established in ............... 282
Washington aqueduct .............. 374 Delawares,
watchmen in Smithsonian grounds and in appropriations for the .......... 260, 499, 500
public buildings .................... 374 treaty with, of July 4, 1866 ............ 793
contingent expenses of foreign inter- value of reservation of, heretofore sold to
course ........................ 374 a railroad company to be paid to.... 793
Indian bureau, service in Oregon and remainder of reservation may be sold and
Washington in 1861 - 62 ........ 468 at what price ...................... 794
payments to be made only to origi- adults to have privileges to elect to be-
nal owner of claim and upon sat- come citizens ....................... 794
isfactory proof ............... 468 those electing to become citizens to have
Isaac Strohm as a clerk .... ..... 469 their lands reserved from sale ........ 794
repairs and furnishing executive mansion 469 improvements to he appraised .......... 794
no further payments on account of, value thereof paid to each Indian... 794
until accounts are approved by joint lands to be set apart for children born
comunittee of Congress ....... 469 since allotment .................... 794
miscellaneous .................... 469 improvements thereon, how to be paid
Westport harbor, Cour .............. 460 for ........................... 794
Thames river ... ............. 469 the United States to sell certain, to the
F M. Rotch, for original article on cattle Delawares ......................... 794
for agricultural report ............... 469 price of land, boundary and surveys .... 794
Treasury Department ........... 324 peaceable possession of new home guar-
temporary clerks in ............. 496 anteed ......................... 794, 795
may be classified ............. 469 proceeds of sales of lands of, to be paid
purchase for the mint of publications re- to, and how ........................ 795
lating to metals and the manipulations Missouri River Railroad Company to be
thereof ..... ... ...... .......... 469 notified that these lands are for sale... 795
despatches of the Department of State by may within twenty days elect to pur-
the Atlantic Cable .............. 469, 470 chase ......................... 795
permanent beacons in New York bay.... 470 mode of making election ...... 795
VOL. XIV. 55

HeinOnline -- 14 Stat. 865 1863-1867


INDEX.
Delawares, (continued) Depositaries, United States,
if company does not within the time elect to report annually to Secretary of Tress-
to purchase, lands may be sold to uiy the condition of the accounts of
others ................ ......... .
795 disbursing officers that have remained
no offer to be received from others uncharged for three years ......... 42
unless, &c ..... ....... ..... 795 appropiiations for offices of, at
payment, when to be made ....... 795,
796 Baltimore ................ 320, 453
registry to be made of Delawares desiring Chicago . .................. .. 320, 453
to become citizens ................ 796 Cincinnati 321, 453
mode of procedure to become citi- Louisville ............ 320, 453
zens ..................... .... 796 Pittsburg .............. 320, 453
patents of lands before allotted .... 796 San Francisco ............. 320, 453
proportion of proceeds of sales ..... 796 Sante A .......................... 327
minor children ................... 796 Depositories,
grant of land to those Delawares that bhuglar and fire-proof vaults and safes for,
have become citizens ............... 796 appropriations for ............... 461
funds of the tribe not to be used to pay Deposits,
debts of indivdual members ........ 796 tax on average amount of,subject to draft 136
licenses to trade ...... ............... 796 in savings banks, of less than $500
salaries to chiefs ................... 796 standing in any one name exempt. .. 137
dependence on, and protection of, the Deputy Appraiser
United States ................ 797 of impo ted merchandise at the port of
if lands are not sold in a body they may New York, when and how authorized
be appraised in tiats and ;,old ........ 797 to act.. .... ... ... ... 302
right of way, &c for railroads ......... 797 Deputy Collectoi, Customs,
settlement of all claims of the Delawares at Calais, Maine, may enter and clear
fos depredations ................ 797 vessels 2..............
51
not to move until new homes are pro- office of, at Annamasset and Deal's Island
vided ..................... 797 discontinued ................ 411
ratification ................. ........ 798 certain, may be clotned with powers of
Ddegate pimcipals ..................... 185
from Indian Territory .............. 773 pay of, at Baltimoie, Boston, New Or-
Dekqates in Conqress, leans, New Yoik, Philadelphia, Port-
pay and mileage of, established ........ 323 land, and San Francisco established. . 308
appropriations for compensation and mile- De uty Colectos of Inle nal Revenue See Col-
age of ................. 192, 441, 442 Dectos of Internal Rerenue
Dentists, Deputy Commmssioners of Internal Revenue,
definition of, and special tax on ........ 121 number of, authonized ............ 170
Department of Agnculture, two additional .................. 170
appropriations for expenses of ... 201, 451 Deputy Naval Offieers,
for erection of, on reservation number pay of, estabhihed at Baltmote, Boston,
two ....................... 464 New Oileans, New York, Philadelphia,
Department of Education, Portland, and San Francisco ..... 308
established at the city of Washington .... 434 Deputy Paymasters-General,
purpose theieof .................. 434 number, rank, pay, &c of .......... 335
commissioner of education to be appoint- Deputy Proeost-iarsbalof the Disti i"t of Co-
ed ........................ 434 lumbia,
to have the management of the de- payment to employds of, for special ser-
paitment .................. 434 vice in the enrolling office of the ..... 25
his salary ................... 434 Deputy Quarteomaste s-General,
may appoint a chief cleik and two number, rank, pay, &c of ............. 334
othei clerks............ 434 Deputy Solicitor Couit of Clains,
may temove such clerks . ...... 434 pay of, established ... ......... 325
their salaries ... ........... 434 Deputy Surveyor at San Francisco,
annual iepoit of, to Congress ..... 434 to have same pay as deputy collector .... 470
filst report to present a statement of Deputy Sureeyors,
the land grants by Congress to pro- pay of, established at Baltimoi e, Boston,
mote education, their management, New Orleans, New Yoi k, Philadelpna,
the amount of funds arising there- Portland, and San Fiancisco . . 308
from, &c . ... ....... 434 J'-synated Depositaries,
proper offices to be furnished to ....... 434 appropriations for payment to .. 203, 453
Department of State. See State Department Des Moines,
appropriations for the .... 19, 194, 326, 444 or Lower rapids of the Mississippi river,
Department of the latereor, appropriation for improving na ga-
books and maps for library ........... 20 tion at .......... ..... 420
office of enginer ......... 20, 21, 374, 468 any canal constructed around, to be
account of engineer having charge of free of toll. 0..........40
the Union Pacific Railroad and bran- site for building for federal offices at... 319
ches, land grant railroads, and wagon Destitute Indians and Indian Tribes,
roads ............... ........ 468 within the soutliera upt.rntendency,
assistant secietary .. .... ..... 324 certain funds to be applied to the sub-
pension bureau ............... 20, 468 sistence and clothing of ........ 347
appropilations for the. ....... 197, 447, 448 articles to be delivered before July 1,
See Intei or Departnient, Secretary of the Interior. 1866 ..... .. .... ......... 347

HeinOnline -- 14 Stat. 866 1863-1867


INDEX.
Destitute Indians of Southern Superintendency, Disbursing Agent,
appropriations for relief of ........ 280 may be appointed where there is no col-
full examination to be made before lector at place of location of any pub-
payment ...................... 280 lic work ......... ................. 341
Destitute Population, Disbursing Agents,
in the I)istrict of Columbia, provision for collectnis of internal revenue, acting as,
the temporary relief of the ...... 353 to disburse what moneys, &c ......... 327
how to be expended ... 353 Disbursing Officers,
Detection, Trial, and Cbnvictin, drafts, checks, & standing to credit of,
of persons violating internal revenue laws, for three years, to be deposited by the
money may be paid for .......... 473 Treasury, and carried to an "outstand-
of counterfeiters of United States securi- ing liabilities " account ........... 41, 42
ties and coin, appropriations for ..... 455 accounts of, remaining unchanged for
Detective Officers, three years, to be covered into the Trees-
no one to assume or practice the occupa- uy and credited .................... 42
tion of, in the District of Columbia with- to report annually all checks issued and
out specific appointment, unless, &c . 214 outstanding for three years ....... 42
arrestim persons for crime, to do what . 214 may apply to court of claims for relief
felonies not to be compounded . .. 214 from losses by capture, &c........... 44
guilty persons not to be aided to escape 214 where to deposit and how to diaw public
money not to be received from those money intrusted to them .......... 64
charged with crime 214 transfers of money to, from Treasuy, to
Dexter, Mary J, be by diaft or warrant .... ... 64
pension to ....................... 736 depositing, or drawing, &c public money
Diplon'atic Correspondence, except as authoiized, to be embezzle-
additional copies of Appendix to, for 1865 ment . .................. 65
to be printed ...... .. .. .... 570 provision where there is no treasurer,
&c ...... .................. ...
how to be bound and distributed ... 570
Diplomatic Representatives, of funds for public works, except army
of any grade, no salary, &c to be paid to officers, to gi'.e bond ............... 74
any who is not a native or a naturalized army officers acting as, to have no corn-
citizen of-The United States .......... 414 misions ..................... 74
Directorof the Bureau of Statistics, of the navy and marine corps to be al-
appointment, duties, salary, &c of ..... 331 lowed credits for such losses of prop-
Directorof the Mint, erty as shall occur fiora circumstances
appropriauons for the salary, &c of beyond their control ............. 345
the ......... .... .. ... ... 202, 452 in the navy, transfer of appropriations
Dirctors of the General Hospital of the Dis- to settle accounts of ........... .. 38
trict of Columbia, except army officers, of funds appropri-
act of incorporation of the ....... 299, 300 ated for public works to give bonds... 422
powers and officers, &c. of the. 299, 300 army officers disbursing such funds, not
Direct Tar, to receive commissions ....... .. 422
amount due by Missouri to the United accounts and vouchers of, to be sent di-
States to be deducted from her claim.. 39 rectly to the proper bureau ....... 571, 572
collection of the, in any State declared in Disbursement
insurrection, suspended until January of public revenue, expenses of ........ 203
1, 868 ..........................331 Discharge, (Soldiers,)
due from West Virginia, to be deducted sale of, by colored soldiers, &a. for pur-
from claim for expenditures in aiding to pose of selling interest in bounty, null
suppiess the rebellion .............. 68 and void ........ ............... 368
of August 5, 1861, quota of,for West Vir- secondary proof of issue of, admitted in
ginia, how to be ascertained and appor- applications for bounty ........... 423
tioned ........ .... ............568 Discharge. See Bankrupcy
collection of, to be suspended until, &c. . 568 of bankrupt, in proceedings in bankruptcy
provisos as to tax in Betkeley and Jeffer- and its effect ........... .... 531-533
son counties .................... 568 bankrupt may apply to court for, and
See West Virginia within uhat time ............ .. 531
Duect Tax Comins~ioaers, notice to creditors by mall and publi-
for South Carolina to survey certain lands cation in newspapers .......... 531
into lots of twenty acres each ........ 176 what acts of bankrupt will prevent or
Direct Taxes, avoid discharge ........... .. 532, 533
money wrongfully collected for, may be persons once dischaged, not to be again
refunded upon presentation of satisfac- discharged, unless, & .......... 532
tory evidence of the illegal collection.. 568 creditors opposing, to file specifications in
Disabled Pei sons, writing... ................... 532
who have served as enlisted men in the questions of fact thereunder to be
navy or marine corps for twenty yearg, tried when .................. 532
to receive from naval pension fund half certificate of, when to be granted and
the pay of their ratings when discharged 516 form of.................... 532, 533
those who have so served for ten certain debts not discharged ........... 533
years may apply for aid from sur- not to be granted to debtor, unless, &a. in
plus income of naval pension fund 516 proceedings commenced after ope year,
proceedings upon such appliea- &c.................. ... ........ 533
tion . .. .................. 517 vahdity of, may be contested ........ 533

HeinOnline -- 14 Stat. 867 1863-1867


INDEX.
Discharqe, (continued) Distilled Spirts, (continued.)
within what time may be contested ..... 533 this not to apply to sales by auc-
,proceedings in such case ...... 533, 534 tioneers who have paid special tax,
how may be procured ............. .. 533 and upon public notice .......... 482
not to be granted to corporations or joint nor by judicial or executive offi-
stock companies .................... 535 cers, under a decree of coo t. 482
Dismal Swamp Canal Company, when bond for lemoval of, fioi bonded
stock of the United States in, to be sold warehouse, is forfeited, obligois to pay
and how ........ ................. 365 what....................... 483
Disorderly Conduct, duties and fiftyper cent upon that
in the Disttict of Columbia, persons not amount ....................... 483
to be fined or imprisoned for, unless, &c. 402 property of obligors may be distrain-
Dispute. See Bankruptj. ed forthwith ............... 483
property in, proceedings in regard to, un- if no propel ty is found, bond to be
der the bankiuptcy act ............. 529 put in suit ................. 483
Distilled SnrZts, those forfeited, not to be sold for less
compounds and preparations of, import price than the tax thereon at the time
duty on ............ .............. 328 of sale ............... .......... 484
provisions as to importation of brandy to be destroyed, if, within ninety days,
and other spirituous liquors and they cannot be sold for a price equal to
wines .................... 328 the tax ............................ 484
general provisions of the internal revenue Distilleries,
law concerning the manufacture and law requiring inspector for each, repealed 481
taxation of ......... .. 153- 163, 480 duty of Inspection to be performed by
See internal Revenue, pp. 893, 894. whom .................... 481,482
tax upon certain, and by whom to be paid 157 Distillers,
when law relating to, takes effect ..... 168 definition of, and special tax on ....... 117
tax upon, and by whom to be paid .. 480 who to be deemed, and what piesumptive
to be a lien, and on what, and for evidence thereof ................. 481
how long ............... 480, 481 of buining-fluid and camphene not to pay
if removed fiom place of distillation and special tax of $ 50 ................. 565
not deposited in bonded warehouse, Distillersand Rectifiers,
tax where to be assessed and bow col- who to be deemed, and what presumptive
lected ........ ...... ... ... .. 481 ealdence of .................... 153
to be collected at no lower rate than penalty foi doing business as, without
basis of first proof .... q ........ 481 having paid the special tax .......... 153
proof spunt to be what ........... .481 gencial provi ions of internal revenue
Secretary of Treasmy may adopt meters, law concerning .............. 153-163
& e .... ............... .......... 481 See Internal Revenue, pp. 893, 894.
may make regulations to insure a Distillers of Aplples, (hapes, or Peaches,
uniform and coriect system of in- definition of, and special tax on ....... 117
spection, weighing, and gauging of Distillers of Coal-Oil, Burning-Fluid,and Cam-
spirits subject to tax ......... 481 phone,
owners of distilleries to use meters ...... 481 definition of, and special tax on ........ 117
changes of or additions to distilling appa- Dist aint,
ratus to be made ................. 481 and sale of property for taxes, provisions
fastenings, locks, or seals, may be put on concerning ...................... 107, 108
stills, tubs, pipes, &c .............. 481 when goods distiamed may be restored to
"gallon" to be gallon of first proof ..... 481 owner .................. ... ... 107
before being removed from distillery, to what property exempted from d&straint . 108
be gauged and inspected ............. 481 appraisement thereof ............ 108
barrels or packages to be maiked ... 481 certain property of householders, &c ex-
stored in a bonded warehouse attached to empt from, in the District of Columbia 389,
a distillery, to be removed to general 390
bonded walehouse, conveniently located 482 exception . ...................... 390
not to be removed from place of manu- of property of obhgors of bond to re-
facture in casks, or packages contain- move distilled spirits from bonded
ing over ten gallons... ............. 482 warehouse, upon forfeiture thereof. ... 483
nor from place of storage, between tax upon certain distilled spirits may be
sunset and sunrise .............. 482 collected by ........................ 481
penalty therefor .................. 482 other remedy or modes of collection
barrels, cask, and packages, containing not excluded ................... 481
or supposed to contain distilled spirits, Distribution,
may be seized by, &c when, &c and of congressional journals and documents 447
detained ........................ .482 of bankrupt's estate, provisions concern-
when diawn flom barrels, &c. marks rac. See Bankruptcy ............... 529
thereon to be effaced ................ 482 ]District-taey
penalty for not so doing ........... 482 for eastern district of New York, compen-
if not barrels, &c. to be destroyed..,. 482 sation of .......................... 324
if found elsewhere than in a bonded ware- 482 District-Attorneys,
house and sold, &c for less than the additional compensation to,-for services
tax, such selling, &c. to be prima face in the suppression of the slave-trade.. 23
evidence that they are liable to for- duties of, under civil-rights act ......... 28
feiture ............................ 482 fees of, and how paid .............. 29

HeinOnline -- 14 Stat. 868 1863-1867


INDEX.
Distict-Attorneys, (continued.) District Judes, (continued.)
to commence suit for fines and personal pen- to exercise the jurisdiction of circuit
alties on report of collectors of customs 180 court in bankruptcy in certain districts 541
allowance to, for such services ...... 180 salaries of, established .......... .470, 471
duties of, in reference to property seized. 181 to be in full for all official services.. 471
approptiations for pay of ......... 205, 455 appropilations for the ....... 455, 471
in suits, &c under internal revenue law penalty upon, for asking or accepting any
to report thereon to commissioner of in- money, &c for compromising, &c. any
ternal revenue ................. 472 charge for violating the laws ielating
penalty upon, for asking or accepting any to internal taxes ................. .. 483
money, &c. for compromising, &c any District of Columbia,
charge for violating the law relating to grand and petit jurors in, how summoned,
internal taxes ..................... 483 when all names have been drawn from
District Court, the box ....... ................... I
for northern district of Mississippi, to be for December term, 1865, of the Su-
held at Oxford .. ............. 48 preme Court ................... I
for not them district of Georgia, to be held vacancies in lists, how filled ....... .I
at Atlanta instead of Marietta ........ 242 certain roads in, may be declared public
may decree title of the United States to highways ......... ................ 45
ceitain lots in Saint Louis, to those intoxicating drinks not to be sold in,
having best claims ................. 62 without a license ................... 213
proceediigs to obtain a decree .... 62, 63 provisions as to police in ............ 212
certain property not to be so released ... 62 as to detective officers in ........ 212
appeal to circuit court, and jurisdiction of provisions as to sale of property for taxes
that court .......... ..... ........ 63 by levy court ................ 215, 216
question may be certified to Supreme jail to be erected in .............. .231
Couit ........................... 63 house of coi rection for boys established in 232
to have jurisdiction of violations of act pay for revision of laws of .......... 316
piobiting the transportation, &c. of provisiou for the temporary relief of the
nitro-glycerine and kindred substances 82 destitute population in ............ 353
of the Unted- States in California, ap- how to be expended ......... ...... 353
peals to circuit court from decrees of, act to regulate the elective franchise in 375
respecting surveys and pivate land who to be deemed electors and entitled to
claims under Spanish or Mexican vote in ....................... .. 375
grants ............ .............. 221 penalty foi wilfully refusing to receive,
appointment of clerks in, in Washington or rejecting the ballot of one entitld to
Territoiy ..................... .288 vote ......................... .. 375
southern district of California abolished 300 for wilfully disturbing, &e. an elector
State of California foi ms the diti ict in the exercise of his fianchise . 375
of California ............. 300, 301 judges of criminal courts in the District
western district of Louisiana abolished.. 300 to give this act in special chaige to
whole State forms the district of Lou- grand jury at, &c............... .. 375
isiana .... ......... 300, 301 voting lists to be prepared in Washington ,
salary ofjudge of the district of Louisiana 301 and Georgetown .................... 375
two terms of, to be held each year at evidence of qualifications of voters to
Erie, in the western district of Penn- be received ............... .. 375
sylvania ............ .......... 342 for how long, and on what days 375
term of, established in Minnesota at Wi- previous notice of times and
nona .................. ........... 14 places to be given ....... 375
term at Mankato abolished ........... 14 to be posted up in public places ten
District Courts of the United States, days fefore annual election ..... 375
constituted courts of bankruptcy ........ 517 check list to be used at all elections .... 375
to be always open ............... 517 votes not to be received unless, &e and
jurisdiction and powers of, in bank- until, &c................. ..-..... 375
ruptcy ................... ...517-541 penalty for offering, &e money, &c to
concurrent with the circuit courts... 518 any person to influence his vote ...... 376
See BuakruptcM. for accepting money, &c to influence
District .udqe, one'svote................... 376
may i-sue search-warrants to search prem- act to punish illegal voting in ......... 390
ises to detect frauds upon the internal penalty for voting or offiring to vote
revenue .... ...... ...... ........ 153 when not qualified ... ......... 390
may isue warrants for seinlie of in- for piocuriug, &c. registration as a
voices, books, and papers ............ 187 voter ..................... ... 390
District Ju&Jes, for knowingly voting, or attempting
appropiiations for the .......... 205, 455 to tote, in wrong ward, or more
in chainers, to have same powers and than once, or double .... .. 390
juuisdiction as the court under bank- judges of election in Georgetown and
ruptcy act ...................... 517 Washington ................. .390
to appoint registers in each congressional number, appointment, term of office,
distiitt........................ 518 &c ................. ...... 390
opinion of, may be taken upon matters voting lists ................ 390
arising in bankruptcy .... ..... 520 sessions for correcting the lists . 390
penalty against, for offences under the hsts to be posted in public places ten
bankluptey act ................. 539 days befoie the election ......... 390

HeinOnline -- 14 Stat. 869 1863-1867


870 INDEX.
District of Columbia, (continued.) I Districtof Columbia, (continued.)
act to regulate proceedings before justices costs not to be recovered in certain cases 406
of the peace . . ....... 401,402 act providing for the punishment of car-
justices or the peace to have jurisdiction lain crimes in .................. 406, 407
in civil cases to the amount ot $ 100 401, 402 larceny and punishment therefor ........ 406
certain classes of cases excepted. .. 402 receiving, &c. stolen goods......406, 407
Supreme Court of District to makes rules malicious, &c. destiuction of bank-bills, *
of practice ......................... 402 notes, stocks, &c ................ 406
to prepaie and publish forms of embezzlement and punishment tbeiefor. 407
pleadings, &c................... 402 receiving, &c. embezzled goods ..... 407
to determine a bill of fees and costs. 402 by carriers for hire of goods deliveied
execution not to be stayed in certain cases 402 them for carriage .............. 407
when to issue in such cases ........ 402 persons sentenced to imprisonment in the
to be stayed in other cases, and for how jail, may be employed at hard labor... 407
long, upon security given for debt, regulations for such employment. . 407
costs, &c ........................ 402 rules for the government, discipline, &c.
justices may issue original whits, civil and of prisoners confined in jail ......... 407
criminal, returnable before themselves. 402 defendants in certain crinjmial cases en-
cause may be removed to nearest jns- titled to four peremptory challenges.,. 407
tice upon filing affidavit ......... 402 may have witnesses summoned foi
persons in the District not to be fined and them by the government...... 407, 408
imprisoned for disorderly conduct, un- pay of bailiffs and criers of courts in .. 408
less, &c.......................... 402 act authorizing limited partnerships in... 435
officeis using unnecessary and wanton certain property of heads of families or
severity in making an arrest to be pun- householders exempt from levy, sale,
ished as for an assault and battery.... 402 attaechment,,or distraint ........ 389, 390
defendants to have reasonable time to pro- exemption not good against certain
pare for defence .................... 402 claims ......... ............. 390
exorbitant bail not to be demanded. ... 402 deed of such property, sale, &c. not
non-residents not to commence suits be- valid unless signed by the wife of
fore, without first giving security for debtor, if married ............... 399
costs .............................. 402 appropsiation foi the salaries of judges of
persons ariested on a warrant for assault, the courts in the ................... 455
&c. to be taken before the justice, and jurisdiction in bankruptcy matterb in.... 541
may plead guilty and pay fine and provisions of law as to the erection of the
costs .............................. 402 new jail in the ................. 428, 575
act to amend the law in lelation to judicial Ditch and Canal Owneis,
proceedings in .................... 403 tight of way granted to, &e......... 251,253
appeals from judgments of justices of the Divdends,
peace not to be allowed, unless, &c..... 403 tax on, of banks, trust companies, savings
when allowed, proceedings thereon institutions, and insurance companies.. 138
in the Appellate Court .......... 403 on additions to surplus or contingent
execution of judgments of the Supreme funds ......................... 138
Court of, not to be stayed, &c. except, of life insurance companies, when
&c................................ 403 payable ....................... 138
set-off of mutual debts and judgments... 403 what not to be consideied dividends
form of plea of ................. 403 of life insurance companies and
if defendants in certain suits cannot be savings banks ................. 138
found, publication may be substituted of bankrupt's estate, under proceedings in
for personal service. .......... 403, 404 bankruptcy ........................ 530
summons first to issue and be re- creditors to decide as to, at a general
turned " not to be found " ....... 404 meeting, called at request of assignee,
form of order of publication ....... 404 upon order of court ................. 530
sales in cases where publication is assignees' accounts, schedules, &c. to
substituted for personal service... 404 be exhibited ................... 530
lien, proceedings to enforce, to be by bill majority in number and value to'de-
in equity ......................... 404 cide ...................... .. 530
decree in such cases ............... 404 unless one hdlf in value of creditors at-
in. actions against foreign corporations, tend the meeting, assignee to determine
process how served .................. 404 upon dividend ................... .. 530
power claimed by landloids to seize the if ordered, legister to prepare list, notify
personal chattels of his tenant for rent creditois, &c....................... 530
in arrear, abolished ............... 404 other and final dividends ......... 530, 531
tait lien on certain personal chattels of in payment of, certain claims to have
tenant given to landlords ............ 404 priority .......................... 531
duration of, and how enforced ...... 404 creditors accepting preferences, not en-
replevin cases, form of declaration and titled to share ................... 528, 534
practice in ...................... 404, 405 See Bankruptcs.
suits on open accounts, and judgment by Dividends and Interest,
default ........................... 405 tax on, of railroad, canal, turnpike, canal
proceedings against two or more joint navigatioil and slackwater companies 139
and seseral obligors, promisors, &c.... 405 when such companies are unable to pay
effect of sales, &c underdecrees in equity, and fail to pay suteiest on their debt,
on rights of former owner .......... 406 tax not to be paid, until, &c......... 139

HeinOnline -- 14 Stat. 870 1863-1867


INDEX.
"Dividends :n Scrip," Drawkeepers at Potomac Bridge,
to mean what, in § 120 of the internal ie- appropriations for the .............. 206, 456
venue act ......................... 4,5 Dredges and Snog Boats,
Dixon, Beals and, appropriation for biilding and operating
accounts of, to be adjusted and paid, if on certain western rivers ............ 421
they have a legal claim for increase of Dress Goods,
contract price ............... 607, 608 for women and children, duty on im-
Dome of Capitol, 561
approptiations for .................... 460 Drugs, ported .............................
for lighting ........... ...... . 463 assistant appraise to examine in lieu of
suitable elect' ician to take charge of light- special examiner ................... 302
ing apparatus of ................. .463 Drugs, Medicines, &c.,
Dominques, Jose, penalty for making or selling without
land grant to, in California, confirmed.. 589 stamps ........................... 144
survey to be made, and patent to issue 589 Duchman, Ann L,
title of the United States only re- pension to ................... .....628
leased ...................... 589 Dunbar, Dr. Alexander,
Dominica, contract may be made with, for use by the
appropriation for diplomatic representa- government of hismode of treatment of
tives to ............ .... ......... 225 the diseases of the horse's foot ....... 613
title of, hereafter to be minister-resi- amount agreed upon to be paid out of
dent or consul-general ........ 226 what fund ............. ............ 613
Doorkeeper, Dunderberg, The Iron-Clad,
of the House of Representatives, duty of; claim of W. H. Webb for constructing,
in pieparing for the organization of to be investigated .................. 424
the House, in case of the disability of all rights of the United States in, released
the clerk and sergeant-at-arms ....... 397 to William H. Webb, upon repayment
Dorsey,J C, of money received under the contract
demand of, to be audited and'settled. ... 609 to build her .................... 636
Downanq, Samuel, Dunn, Elisha W.,
additionalipension to ............... 619 accounts of, to be settled ........... 591
Draminq and Exploring Tunnel, Dustin, Nathan Sargent,
to the Comstock lode, in Nevada, grant may change his name, by dropping the
in aid of the construction of.......... 242 name of Dustin, and bearing that of
Drafted Men, Nathan Sargent ................. 633
act forthe relief of certain ............417 to take effect January 1, 1867 .....633
drafted men who paid commutation, and Dutiable Value
were required to serve or furnish a sub- of imported merchandise, how to be de-
stitute, to have S 300 refunded ..... 417 termined ...................... 330
money paid for commutation or for sub- Duties,
stitute, by persons not liable to service certain, upon produce in transit, whin the
to be refunded................. reciprocity treaty expired .......... 42, 43
417
appropriation ..................services of, as 417
on live animals imported .............. 48
for
claims of loyal persons sUts to recover those illegally exacted,
reported by commissioners, not to be provisions concerning ............. 187
paid, until report is approved by Con- Duties, (Customs,)
gress ......... .. ....... in lieu of duties now imposed by law, on
.... 376, 377
Drafts, '4-c, cigars, cigarettes, and cheroots ....... 328
standing to credit of disbursing officers paper cigars and cigarettes, including
fat three years to be deposited, &c . .41, 42 wrappers, to pay same duties as cigars 328
holders thereof to be paid ............ 42 imported cigars, how to be packed ... . 328
Draught rain, how to be entereq, and where placed 328
authorized, and salary established in the to be stamped ............... 328
bureau of yards and docks ........... 450 stamps to be provided ......... 338
salary of, established in bureau of ordnance 450 cotton ... .................... .....328
of construction and repair .... ... 450 compounds or preparations of distilled
of steam engineering ............. 450 spit its ........... ............ 328
Drawback, Bureau of, brandy, spirituous liquors, and wines to
hooks and papers in any ports to be de- be imported in casks or packages of
livered to collector of internal revenue 153 not less than certain capacity ......... 328
Drawback, (Internal Revenue,) wines an bottles ................... 328
appropiiations for salaries, &f of super- all shipped after October 1, 1866,
intendents of .................205, 465 and imported in less quantities, to
none upon cotton exported raw........ 98 be foi feited .................... 328
upon manufacturers exclusiN ely of cotton, excess of moneys for, when may be re-
when exported .................. 99 funded without compliance with cer-
amount of, and how ascertained. 99, 100 tain forms of law ................... 329
none, in any case, allowed on manufactured dutiable value of imported merchandise,
tobacco, snuff, or ciga s .......... 125 how ascertained ................... 330
no clim for articles expoi ted prior to proceeds of goods sold after remaining
June 30, 1864, unless pieqented within three years in public stores, less ex-
thiee months from date of this act .... 145 penses, &c to be paid owner, &c .....330
none on distilled spirts on which the tax machinery to make sugar fiora beets to
has been paid .... ................. 161 be duty free for one year ............. 330

HeinOnline -- 14 Stat. 871 1863-1867


INDEX.

Duties, (Customs,) (continued.)


upon reimportation o products of the -certain produce of the forests of Maine
United States that have not paid an to be admitted free of............ 9
inteinal tax, a duty to be imposed certain pioduce of the forests of Maine
equal to such tax .............. 330 sawed in New Brunswick, &c may be
may be 1emitted on salt used in curing admitted free ................. 56
fish .................. ... 328 articles exempt from, under the internal
provisions for goods in transit without revenue law ............. 147-150
payment of duties.............. 328, 329 on lastings, &c for shoes, buttons, &ec
for carrying goods through the prov- repealed ..... ....... ..... 571
inces, &c. from one place to an- articles used in preparation, &c. of teas
other in the United States ..... 329 maybe admitted into Japan free .. 655
in lieu of present duties on unmanufac- certain, admitted at reduced duty of
tured wool, hair of the alpaca, goat, five per cent .................. 655
&c.......................559, 560 Duty Pay,
wools, hair of the alpaca, &c. to be divid- of officers of revenue-cutter service. 416
ed into three classes ............. 559 D' Wamsh,
class one, clothing wool, to include appropriations for the ........... 266, 500
what, and duty on ........559, 560 Dyer, Lewzs,
class two, combing wools, to include accounts of, to be audited and settled .. 616
what, and duty on ......... 559, 560 to be allowed pay and emoluments of sur-
class three, carpet wools and other geon of volunteers .................. 616
similar wools, to include what, and
duty on ................ 559, 560 E.
samples of various kinds of wool or hair
to be deposited in the custom-houses, East Capitol Street, Washington, D. C.,
&c ........................560 act to grade ..................... 251
standard samples in the Treasury Depart- Eating-Houses, Keepers of,
ment ......... ........... 560 definition of and special tax on ......... 118
wools or hair impoited in other than the Eaton, Almanson,
ordinaiy condition, or changed in con- credit to be allowed to, in settlement of
dition to evade the duty, or reduced in his accounts for public money lobt by
value by admixture of dirt, &c.to pay fire ........................... .644
double duty ................... 560 Eddy, E. IV.,
rate of duty when wools, &c of different estate of, to be credited ........... 580
qualities ale imported in same bale. .. 560
Education See Department of Education.
when bales of different qualities are department of, established. .. ..... 434
embraced in the same invoice .. 560
commissioner of, to be appointed ..... 434
no bale, &ecto be liable to less duty from land grants by Congress to promote,
being invoiced with wool of lower statement of to be presented in first
value ........................ 560 report of commissioner to Congress. . 431
on washed wools of the first class to be lands granted and reserved for, by treaties
double, &c .......... ...... 560 with Indian tribes...688, 689, 775, 776, 803
on scoured wools of all classes to be threeEgypt,
times, &c........... ......... 560 certain judicial powers given to Amen-
on raw, &c. sheep or Angora goat skins 560 can consplis in ... ................ 322
on woollen rags, shoddy, mungo, waste, power of consul-general at Alexandria 322
and flocks . ............. .....560 Eighth ensus,
in lieu of present duties on manufactures appropriation for payment due certain
of wool imported ................ 561, 562 marshals and assistants for taking the. 468
on woollen cloths, shawls, &c ......... 562 no payment to any one who partici-
on flannels, blankets, hats, knit goods, pated in the rebellion ........ 468
woollen or worsted yams ............ 561 to pay total liabilities for the .... 460, 461
on endless belts or felts ................ 561
Ewold, Theodor G.,
on bunting ............ ........... 561two bonds to be issued to, in lieu of two
on women's and children's dress goods partially destioyed ......... ... 584
and Italian cloth, of wool worsted, or indemnity bond to be first given 584
hair .................... .......... 561Elder, Christina,
ongoods weighing four ounces and over arrears of pension to .................. 587
per square yard .................... 561Elecons
on ready-made clothing and wearing ap- of senators in Congress, provisions con-
parel, balmoral skirts, and skirtngs of cerning .............. .......... . 244
wool, worsted, or hair .............. 561
Elective Franchise,
on webbings, beltings, bands, fringes, in the District of Columbia, act to regn-
cords, &e made of wool, worsted, or late .. ............................ 375
mohair .................. ...... . 561 in the Territories of the United States,
on carpets of various kinds ......... 561, 562 act to regulate .................... 379
on mats, rugs, screens, &c.............. 562 not to be denied to any citin of the
on oil-cloth, water-proof cloth, and oil- United States on account of race,
silk cloth .......................... 562 color, or previous condition of ser-
vitude . .. .................... 379
the word in the internal revenue act to inconsistent laws repealed..879, 380
mean "tax ' ....................... 104 in Nebraska, not to be denied on account
of race or color, except, &c .......... 392

HeinOnline -- 14 Stat. 872 1863-1867


INDEX.
Eledors, Enrolling Ojiers,
who to be deemed, in the District of Co- provisions of pension laws extended to.. 230
lumbia ............................ 375 how to be ranked ..................... 230
Embenlement, Enrolment and License,
what acts of disbursing officers to consti- or registers to issue to certain vessels... 40>41
tute, of public moneys ............. 64, 65 certificates of, to issue to certain vessels.. 255
what of officers of national banks... 65 assistant collector at Camden, New Jer-
in the District of Columbia, punishment of 407 sey, may give to certain vessels engag-
Emperor of Russia, ed in the coasting tade and fisheries.. 417
congiatulations of Congress upon his es- Enst~ns,
cape tiorn assassination .............. 355 number of grade of, in the navy, estab-
President requested to forward ..... 355 lished ............................. 222
Endless Belts or Felts, increase in grade, how made ........... 222
duty on impoted ..................... 561 seventy-five may be appointed from naval
Engineer Corps of the Army, volunteer service .................. 222
officers of the, their rank and pay ....... 335 Enroys Extraordinary,4-c,
Engineer in Interor Department, appropriations for ............ 224, 412, 413
appropriations for office of the ........ 20, 21 salaries of those hereafter appointed to be
tommutation of quarters and fuel... 21 only those of minister resident, except
Engineer Officer, when, &c .... ............ ........ 22G
having charge of the Union Pacific Rail- Equipment and Recruiting,
road and branches, laud-grant railroads appropriations for bureau of 34, 200, 201,450,
and wagon roads, approprations for.. 468 451,490
of corps of engineers, quaters and fuel.. 374 additional dlesks in, authorized .... 207
Engineers, Equipments,
pay and allowances of quartermas er-ser- including boats and expenses of repairs
geant of battahon of ............. 393 of vessels on northein frontiers, to be
Engineers, Civil, entered and pay duty ........... 183, 184
definiion of, and special tax on ........ 121 if purchased from necessity, dunes may
Engineers, Licensed, be refunded ....................... 184
wrongfully refusing to serve as such, to Escutcheons
forfeit $ 300 . ...................... 227 of West Virginia and Nevada, to be
license to be revoked .................. 227 painted.. ... ..................... 314
Engineer Soldiers, Estimates,
five companies of to constitute a battalion 335 Postmaster-General to make annual, for
Engineer Tr"ops, his department .................... 49
approprnaon for erection of barracks and Evidence. See Bankruptry.
quaters for ........................ 488 in proceedings under the bankruptcy act,
Engravny, may be taken viva voce or in writing.. 536
appiopriatous for.............. 193, 443 before whom may be taken ......... 536
.Engrvinqand Litkogiaphmq, Examination. See Bankruptcq
for medical and surgical history of Re- of bankrupts under the bankruptcy act..528,
bellion, and medical statistics, bow to 529
be executed ....................... 311 how conducted .................... 529, 536
Enlisted Men, where bankrupt is imprisoned, or under
however employed, to be treated as non- disability, or out of the distrct ....... 529
commissioned officers or prvates, as Examinations,
regards pensions ................... 57 of officers applying for commissions in
detailed for special duty, not theieby to be the army . ........................ 336
deprived of bounty ................. 363 appropriations for, of certain public
provision as to commautatton of rations to works, and improvements m harbors,
apply to those who died as prisoners of rivers, bays, and flats ............ 418, 422
war or after their release ............. 423 See Public Works.
to whom to be paid ............... 423 Examinations and Surveys,
payment to certain, of the Seventh regi- of works of improvement, appropria-
ment of West Virginia volunteers.645, 646 tions for ................. 71, 74, 418, 422
Enlistments, re-examinations and changes of plans 71
into the army, hereafter, to be for what of harbors, and other places .......... 71, 74
term . ........................... 333 no contract for, to be made, except after-
for cavaliy, five years ............. 333 public advertsement ................ 73
for artillery and infantry, three years 333 results of surveys to be reported to Con-
recruits at general iendezvous ......... 333 gress .............................. 73
when wounded men may be enlisted ..... 333 report to state what .............. 73
to what regiments assigned ......... 333 to be continued until works are
Enrolled and Ltnsed Vessels, completed ............... 73
on northern &e frontiers, sea-stores pur- Examiner of Claims for State Department,
chased for, in any poit in adjacent appointment and salary- of ............ 226
British piovinces, to be reported at first Examiner (Special) of Drs
poit of ai tval in the United States... 183 at the port of New York, an assistant ap-
equipments and repairs of, to pay duty 183,184 praiser to perform duties of .......... 302
when duty may be refunded ........ 184 Examiners,
when to pay tonnage duty ............. 185 pay of those employed as, in patent office 66
to pay fees of customs officets incident to of imported merchandise in New Yoik.. 303
enrolment, &c .................... 185 appointment and number of ........... 303

HeinOnline -- 14 Stat. 873 1863-1867


INDEX.

Examiners, (continued) Exploration, 4-c. (continued.


qualihcations, oath, dutieq, and pay ..... 303 zoute or routes of the Pacific Rail-
not to be engaged in mercantile business 303 road included ............. 457
Exchanqe of Public Docuients, to be done out of existing appropria-
resolution to provide foi the .... .... 573 tions ......................... 457
fifty copies of all documents and publica- Explorinq Expeditions,
tions by any depaitment to be placed of the government, appropriation for pre-
at the diepo~al of the joint committee servation of collections of... .19,316, 464
on the libraiy .. .............. 573 Explosion at the United States Arsenal
to be exchanged, thiough the Smith- at Washington, D C, applopriatiou to
sonian Institution, for such works help the sufferers by the ............ 351
published in foieign countries.. . 573 by whom to be distributed ........ 351
such woiks to be deposited in Exportation,
the libi ary of Congress ...... 573 of certain bonded goods, provisions con-
Execution, cerning ........................ 8
certain property of houseboldeis, &c ex- of articles under the internal revenue law,
empt from, in the District of Colum- provisions concerning ............ 153
bia ...... ............... 389,390 officer appointed to superintend. 153
exception ........... ........ ... 390 compensation of...... .... 153
rules as to stay of, in the District of Co- at ports wheie there is no superintendent,
lumbia, on judgments of justices of the duties to be perfoimed by collectoi of
peace ... .. ..................... 402 internal revenue ................. 161,162
of judgments of the Supreme Court of Export Duties,
the district not to be stayed, &c. except, undet tieaty with Japan .............. 655
&c ............ ........... ..... 403 Exports,
Executive, act to provide for, and regulate the weigh-
appiopmations for the expenses of the.. 324, ing of ..................... ...... 289
440, 444, 456, 46d, 469 appropriation for salaries, &c. of super-
Executive Buildings, intendents of, under internal revenue
appropriations for the. .194, 197, 200,201,444, act ... .... .................. 205, 445
446,450,451 Express Car iers and Agents,
Executive Departmenits See Public Documents. definition of, and special tax on ..... 121
regulations as to printing the reports of only one tax from a firm and from the
the .. .... ....................... 305 piincipal only ...................... 121
Extra Pay,
Executive Mansion,
appropiiations for repairs and furnishing 373, to soldiers employed as artificers or la-
469 borers in constant labor of not less than
no further payments to be made for ten days...... ................93
repairs and furnishing, until ac- to uou-commissioned officers acting as
counts are approved by joint com- overseers .............. ....... 93
m1ttee of Congress .............. 469 not to be given to troops of engineer and
Exemption, ordnance departments ............... 93
certain property of a bead of a family or
householder, exempt flora levy, sale, F.
attachment or distraint in Distnct of
Columbia ....................... 389, 390 Falsely Personatinq,
exemption not good against certain a revenue officer, and assuming to act as
claims .... .................. 390 such, how punished ............... 484
Exempons, Faris,John,
property exempt from distraint and sale pension to orphan children of .......... 627
for taxes ................... 108 Farley, Joel,
articles and pioducts exempt from taxa- pension to ...................... .. 595
tion ................. ... .... 147 -150 Farragut, Vice-Admiral David G,
crude petioleum, crude oil, paraffine oil. 355 thanks of Congress to, and the officers,
certain additional articles and products seamen, and others under his command,
exempted from internal tax ...... 476,477 for gallantry and good conduct in Mo-
confined to articles in what condition 477 bile Bay ........ ..... .... .. 349
from operations of assignments under President and Secretary of the Navy to
bankruptcy act ................. 522, 523 communicate this resolution .......... 349
to operate as a limitation upon the Farran,Margaret A.,
conveyance ..................... 523 pension to ........................... 594
See Bankruptcy. Fay, Caleb T.,
Ex-Mssion of an Jose, accounts of, to be audited and settled .... 612
lands of, not to be included in grant to Fees,
Western Pacific Railroad ............ 356 of claim and pension agenr .......... 57
Expenses, of certain consuls and commeicial agents
of negotiating treaty with the Poncas, to and their deputies to be accounted
be borne by the Indians .............. 676 for .............. ...... .... ..... 226
Experimental Garden, excess of, over $2500 above offlice-ient
appropriations for ................. 202, 452 and clerk hire to be paid to Secretary
Exploration, Geological and Topographical, of Treasury .................... 226
of the territory between the Rocky Moun- of agents or attorneys for (ollecting claims
tains and the Sierra Nevada, author- of colored soldiers, &c for bounies,
ized ............................... 457 pay, and allowances ................. 368

HeinOnline -- 14 Stat. 874 1863-1867


INDEX.
Fees, (continued.) Fines, Penalties, and Forfeitures, (continued)
bill of, in suits before justices of the peace one half to the United States ...... 546
in the Distitet of Columbia .......... 402 one fourth to the informer ........ 546
of registeis undoi the bankruptcy act, 519, 521, one fouith to collector, naval officer,
540 and surveyoi, equally .......... 546
in dividends, to have priority of pay- to collector only in districts
ment......................... 531 where there is no naval officer
of officer, &c. for duties under the act... 540 or surveyor .............. 546
to have priosity of payment ........ 540 where officer of revenue cutter is inform-
geneial orders may be made prescribing. 540 er, the residue to be divided as followb. 546,
may be changed from time to time.. 540 547
Female Clerks, one fourth to the United States.... 547
appropriation for additional pay of ...... 26 one fourth to otheeis of the cuhtoms,
in Post-office Depaitment, twenty per as above ............ ......... 547
cent additional pay to ............ 324 one half to officeri of revenue cutter,
in office of commissioner of internal rev- to be divided amqng them in pro-
enue .................... 170 pot tion to their pay ............ 547
Female Cleiks and Counters, Finney, Mary E,
annual pay to be $ 900 ................ 207 payment to, of extra pay of Solon H.
Female Folders, Finney ..................... .. 617
in dead-letter office, pay of, established.. 324 Fire. See Portland
Female Inspectors, act for the relief of the sufferers by the,
employment of, for search, &c .......... 178 at Pot tland ....................... 304
Fencing, Fire Department,
public grounds, appropriation for ....... 373 of Washington city may use and occupy
Fermented Liquors, certain buildings and engine-houses... 397
provisions of internal revenue law con- Firemen's Insurance Company of Washington
cerning ...... ..164, 167 and Georgetown,
See Inte nal Revenue, p 895. certain sections of act incorporating, re-
soui and unfit for use, may be sold, with- pealed ... .. .. ............. 9
out stamps, for manufactory purposes 167 stock how to be issued, held, and trans-
when law relating to, takes effect ....... 168 ferred ....... ............... ... 9
Feries, Fare-ProofBrick Budding,
tax on gross receipts of ............... 475 for Tieasoy Department ............. 317
Ferry Boats, Fire-ProofBuildings,
owned by foieign railroad corporation, for War Depaitment, estimates for ..... 327
piovisiouns concering ............... 410 First Assistant Engineers,
Fictitious Proof m the navy, appointment, rank, and pay
penalty for adding ingredients to spirits of ..................... ......223
to ciate, before tax is paid .......... 160 FirstAuditor,
Fiduciary Debts. See Bankruptcy. appropriations for, and for office of.. 195, 196,
not released by dischaige in bankruptcy.. 533 444, 446
Feld, Cyrus W, First Comptroller,
thanks of Congress and a gold medal to.. 574 appiopnatons for, and for office of.. 194, 196,
copy of resolution engrossed on patch- 444, 446
Bank,
ment, to be sent by the President, with First National
the medal, to .................. .574 appropriation for interest on loans to gov-
appropriation .................... 574 ernment by ....................... 313
Feld and Mounted Officers, Fisheres,
pay of, to be the same as that of cavalry assistant collector at Camden, N. J., may
officers of like giades .............. 422 give enrolment and licenses to certain
Field Order, General Ste man's Special, vessels engaged in ................ 417
provisions for occupants of lands under.. 175, Fisher, Peter,
176 pension to ........... .............. 627
FyA Auditor, Fisher, Ulysses E.,
appiopriation for, and for office of.. 195, 196, claim of, for horses and other pioperty
445, 446 impressed into the military service and
Fines and Forfeitures, lost, to be audited and paid ........ 643
under internal revenue law, collectots to limit to amount to be allowed .... 643
sue for ........ .. ........... 111, 145 Fsh, George W,
suits where to be brought ........... 11, 145 payment to, for consular services at Ning-
not to be commenced without au- po. China ............ ............ 617
thority .. ................. 145 Fishlung Bounties,
what amounts to be paid informers.. 101, 113, laws allowing to vessels licensed to en-
145, 146 gage in the fisheries, repealed ....... 328
Forfetues,
Fines, Penalties, and duties may be remitted on salt used
under customs law, act to regulate the incuring fish .................. 328
disposition of the pioceeds of .... 546, 547 Fish, Zaies S.,
deduction of aathotized chaiges and ex- claims of certain forces called out under
penses ....................... 546 the command of, to be investigated and
of amount equal to the duties in paid ............................. 565
coin, &c................. 546 Fitzgerald, Delta A,
residue to be paid io the United States may apply for extension of patent grant-
treasury and distributed ............ 546 ed to Jesse Fitzgerald ............... 621

HeinOnline -- 14 Stat. 875 1863-1867


INDEX.
Fitzgerald,DeliaA. (continued.) Force, Peter,
application for extension ot patent appropriation to purchase historical library
to be made within what time .. 621 of, for library of Congiess .......... 464
intervening rights of third persons Ford's Theatre,
saved ...................... .. 621 appropriation for purchase of ........... 23
Fitzgibbon, Sarah, to what uses to be applied .............. 23
pension to .......................... 579 Foreign Convicts,
Ftzpatrck, Mary, piotest against pardons of, by foreign
pension to .......................... 629 goveinments, on condition of emigra-
Five- Cent Pieces, tion to the United States ........... 353
act to authorize the coinage of ......... 47 such acts not to be repeated .......... 353
composition, weight, shape, and devices Foreign Corporations,
of ................................ 47 in actions against, i the District of Co-
laws relating to coinage of cents, and to lumbia, process how served .......... 404
coins, made applicable .............. 47 Foreign Intercourse,
to be legal tender for what amount ..... 47 contingent expenses of ............ 374
to be paid in exchange for currency .... 47 appiolmlations for ............ 224, 412 -414
may be redeemed in sums of not less Forfeited Distilled Spirits,
than one hundred dollars ............ 47 not to be sold for less price than the tax.. 484
unauthorized making, &c. of, punishable 47, to be destoyed if they cannot be sold for
48 such ple .......-................ 484
fractional currency of five cents not to be Forfeiture,
issued ............................. 47 proceedings where property seized for,
old issues to be cancelled .......... 47 does not exceed $ 500 in value ...... 180
FR, Col. Leais Ferdinand, claimants of .. .... ............ 181
pa%nient to, as lieutenant-colonel ....... 613 applications for remission of..... 181, 182
Flatheaids, Forfeitures. See Fines and Foifeitures.
appiopriations for the ..... 269, 500, 501, 514 under internal revenue law, to be prose-
Fletcher, Elizabeth, cuted .... .. .. ... ......... 111,145
pension to .......... ................ 620 in cases of, of goods, the casks, packages,
if she dies or remairies, pension to legal horses, &c used in removal to be for-
guardian of oiphan children of Captain feited ............ ..... .... ... 151
L W . Fletcher ................... 620 incurred under customs laws, act to regu-
Flint and Pere Marquette R. R. Co., late the disposition of the proceeds of. . 546,
may change the western terminus of its 547
road ......................... .. 78,79 Forged Bonds or Securities, 4-c. See Penalty.
Florida, penalty for buying, receiving, &e. with
the insurrection declared to be at an end intent, &c ....... .................. 383
in ........................ ...... 813 Forgery. See Penalty.
all public lands in, to be disposed of ac- of signature of judge, register, or other
coiding to homestead law ........... 66,67 officer of court of bankruptcy, how pun-
See Lands, Public ished ...... . ............. .. . 539
act to provide for the more efficient gov- of any bond, bid, record, &e to defraud
ernment of ......................... 428 the United States .................. 12
constituted part of the third military dis- Fort GCatiot,
trict ............................... 428 buildings erected on military reservation
See Rebel States. at, by any railroad company, to be fire-
act for final adjustment of private land p roof ......................... 410
claims in, extended for three years.... 544 Fort Howard Mittary Reserve,
Florida,the Rebel Steaner, unsold lots of land at, to be offered for
property saved from, may be sold and dis- sale at public auction ............. 88, 89
tributed as prize ................. .. 322 advertisement, mode of sale, &c. .. 89
Fog, Isabella, patents to issue therefor ........... 89
pension to ........ .................. 5 Fortificationg,
pension of, increased.................. 630 appropriation for the construction, pres-
Fog Signals, ervation, and repairs of, and other
appropriations for new and efficient ones works of defence for the years ending
at, &c.............................. 313 June 30, 1867 and 1868.........61,487
and buildings connected therewith, appro- for Fort at Alcatraz Island .......... 61,488
prations for ................... 458, 459 Fort Church .................. 61
Folders, Female, Fort Clinch .................... .. 488
for dead-letter office, pay of established.. 324 Fort Constitution ................ 61
Foldinq Documents, Fort George ................... 61,488
appropriations for ..................... 393 Fort Hamilton .................. 61
Food and Clothnq, Foi t Independence ............... 488
public vessel for transportation of supplies Fort Jefferson ................... 61,488
of, to the suffering people of the South- Fort McClary ..................... 488
et States ........................ 367 Fort Mifflin ..................... 61
Forbes, Paul S, Fort Monroe ................... 61,488
contract with Navy Department for build- Fort Montgomery .............. 61,488
ing the steam screw sloop of war Idaho, Fort Ontario ................ ... 61
to be discharged by acceptance of said Foit Popham ......-..- ... . 61
vessel for the money already paid Fort Preble ................... 48S
him ............................... 640 Fort Scammel ................... 61,487

HeinOnline -- 14 Stat. 876 1863-1867


INDEX
Fortifications,(continued) Fourth Auditor,
Folt Schuyler ................... appropriations for, and fbr office of. .195, 196,
61,488
Fort Taylor .................... 61,488 445, 446
Fort on site of Fort Tompkins..... 61,488 Fowler, Mary B.,
Fort Warren .................... pension to ...........................
61,488 629
Fort Washington ................ Foxes,
61,488
Fort Wayne ...................... appropriations for the ..........
61 263, 506, 507
Fort Winthrop ................. Fox,
61,488 naec T, Jr,
Fort at Fort Point ............... payment to ..........................
61,488 612
at Lime Point ............ Fox, Gustavus V,
61,488
at entrance of New Bedfoid may accept presents from the Emperor of
baibor .................... 61,488 Russia .................... ....... 646
at Sandy Hook .............. 61,488 such presents may be admitted free
at Willett's Point ......... 61,488 of duty ....................... 646
on Ship Island .............. FractionalCurrency,
61
for sea-walls on Deer and Lovell Island 61 none to be issued of denominations of
at Great Brewster's Island ......... 61 less than ten cents ................. 47
permanent platforms for modern cannon old issues of less denominations to be can-
of laige calibre ........... ....... 61 celled ............................ 47
survey of northeastern and northwestern Fractional Townships,
lakes .... ....... ............... certain, relinquished by the United States
62
purchase of sites for seacoast defences... 62to the Ponceas ..................... 675
no purchase to be made until title is Frank, George R,
approved by Attorney-General.... 62
payment to .......................... 584
for purchase and repan of instruments... 488 Franking Prmeqe,
survey of western and northwestern lakes granted to Mary Lincoln ............
488 3
purchase of sites for permanent seacoast official communications between certain
defences ........................... 488 revenue officers to go free ........ 170
for temporary seacoast defences..... 488 special commissioner oftherevenue to have 171
no purchase to be made until validity given to director of bureau of statistics.. 331
of title is passed upon by Attorney- Frankln, Benjamin,
General, and expediency of pur- pension to ........................... 592
chase approted by Secretary of Frauds,
War ... ....... ........ .... 488 upon the United States, appropriation for
construction and repair of barracks and detection and punishment of perpetra-
quarters for engineer troops at depot of tors of ................ 310, 449, 455
engineer supplies at St Louis ........ 488 Frauds on the Revenue,
at Willett's Point, New York ....... 488 warrants, for search of premises and seiz-
not over fifty per cent of these appropria- ure of books, invoices, and papers, may
tious to be expended during tins fiscal be issued by district judge, on com-
year ........... ................ 488 plaint and affidavit .................. 547
residue, not until ordered .......... 488 books, invoices, &c. may be exam-
board of officers to make experiments to ined and retained, subject to order
test the relative powers of resistance of of judge .......... ........... 547
the turret and broadside systems of warrant not to issue, unless, &c .... 547
iron clad vessels of war, &e.and wheth- to be returned uith report of
er the best stone forts will resist gums service, &c. thereon ........ 547
of the heaviest calibre, &c ...... 488, 489
Fraudulent Conveyances See Bankruptcy.
secretaries of the war and navy to furnish void under the bankruptcy act. .. 534, 535
facilities ........................... 489
property conveyed by, may be recovered
to be done from unexpended funds, by asignee ..................... 523
and to be borne equally ........ 489 to vest in asstgie by the adjudica-
Fort Larame Indians, tion of bankruptcy ............ 523
purchase of annuity goods for, in lieu of Freedmen,
those destroyed by fire .............. 208
moneys raised for support of, and ie-
appropriations for the ................. 493 ceived by any army officer, to be
Fort Rdeq, Kansas, charged to him .................... 65
southwestern boundary of military reser- expenditures properly made to be
vation at, established ......... 573, 574 credited ....................... 65
lands released granted to Kansas for balance to be paid into treasury for
bridge over Republican river...... 574 fund for relief of ............. 65
patent, when to issue .............. 574 officers not paying over balance in
this grant not to interfere with any for- their hands, how treated ........ 65
smer grant by the United States ....... 574 accounts for expenditures for, to be paid
Forts, from what fund, and how ........... 65
experiments to test whether the best stone, bureau for rehef of, &e provisions con-
will resist the heaviest guns, &c.. .488, 489 cerning ........................ 173- 177
Foundry (Methodist Episcopal) Church, lands occupied by, under General Sher-
trustees of, may sell and convey square man's field order, not to be restored until 176
number 235 in the city of Washington, appropriations for bureau of ........... 92
free of any trust, &c ............... 396 bureau of ........................... 45
the dead interred in that ground to be re- See Bureau, 4-c.
moved and placed in some public ceme- rights of, among the Choctaws and Chick-
tery ............................... 396 asaws .......................... 779, 778

HeinOnline -- 14 Stat. 877 1863-1867


INDEX.
Free Letters, Gaston, Anna G.,
may be forwarded at request of party pension to ........................... 589
addressed, without extra postage ..... 60 Gates, Lucinda,
Free of Duty, pension to ........................... 597
certain produce of the forests of Maine Gaugeable Goods,
sawed, &e in New Brunswick ........9 exported, upon which return duty or
machinery to make sugar from beets, for drawback is allowed, or withdrawn
one year .................. ....... 380 from bonded warehouse foi export, ten
articles and products under the internal cents a cask to be levied and collected
revenue law ................. 147-150 on ................................ 470
Freight, Gauge Cocks,
when collector of customs is notified in for steamboat boilers ............... 227
writing of lien for, on imported mer- Gaugers,
chandise in his custody, he may refuse at New York, salary of, established at
to dehver the merchandise until the $2,000 .. ............... ......... 470
freight is paid or secured ............ 547 not to exceed the amount of fees
not to be responsible for losses in earned by them ............. 470
consequence of refusal .......... 547 General. See Generalof the Army, 4 c.
upon merchandise to be paid upon notice, one of the aimy, pay, emoluments, and
in case of sale after forfeiture ......... 547 staff ........ ... ................ 333
French Vessels, General Agent,
rates of tonnage duty on, entering ports at Nev York for the industrial exposition
of the United States, declared, and how at Paris ...... ............. .347, 362
long to continue in fOrce ............ 818 limit to his term of service ......... 363
Fresh-Water Basin, General Appraiser,
for iron-clad vessels of the navy, board. in New Yoik, salary of, established at
to examine site for, near Portland, $3,000....................... 466
M aine ............. .............. 357 General Bonded Warehouse,
Frye, Barbary, spirits in bonded warehouse attached to
widow of Henry Frye, pension to . 617 distillery to be removed to........... 482
Fuel and Lights, spirits afterwaids produced in such dis-
appropriations for.... 310, 314, 393, 462, 463 tillery to ie transferred directly to .... 482
Fulton, James, General Bonded Warehouses,
credit to be allowed to, for clothing and for storage of spiits may be provided... 155
small stores, abstracted from building See internal Revenue.
under his charge ................... 740 General Council. See titles of the several In-
Funds (Trust), dian Treaties.
held by the United States for Indian of Indian nations, resident in the Indian
tribes, Attorney-General to inquire into Territory, piovisions concerning.. 758, 772,
773, 788, 802
condition of................... ...497 Law,
to report what stocks are not pay- General Customs
ing, the security of the United to be prepared and submitted to Congress, 367
States, and the remedy .......... 497 GeneralHospital of the Districtof Columbia,
appropriation for interest on non-paying act of incorporation of the .......... 299, 300
stock .......................... .. 514 powers and oflicers, &c of ...... 299, 300
Furnitureand Repairs, GeneralInspectors of Spirits,
appropriations for ................. 373, 461" appointment and fees of ............... 156
Fffe, Lzeutenant ."oseph P., GeneralLand Office,
may he appointed to active list in navy, appropriations for the .............. 197, 447
and restored to his rank therein ...... 408 extra pay to commissioner and chief
clerk of ................. ......... 314
deficiency in salaries of registers and re-
G. ceivers ............................ 325
Gallon," clerical work in, to whom only to be
to mean gallon of first proof ........ 158, 481 iven ...... ......... ........... 447
Gal1,eston, Texas, Genera Offlcers,
salary of collector of customs at, estab- may receive an additional ration for every
lished ............................. 308 five years' service ........ ........ 423
plans and estimates for impioving harbor General of the Army of the United States,
of ................. .......... 422 grade of, revived ..................... '223
for erecting suitable breakwater at.. 422 appointment, duties, and powers of...... 223
Gardapier,Alers, pay and allowances of ................. 223
claim of, to land in Wisconsin confirmed.. 615 chief of staff and his pay, &e............ 223
land to be surveyed and patent to aides, their rank and pay ............ 223
issue .......................... 615 one, authorised, pay, staff, &e ........ 333
Garnishment, to have head-quarters at Washington, D.C. 486
writs of, from the Supreme Court of the not to be removed, suspended, or assigned
District of Columbia, provisions con- to duty elsewhere, except at his own re-
cerning ........................... 54 quest, without the appi oval of the Senate 487
Gas Fitters, all orders and instructions relating to mili-
definition of, and special tax on ........ 121 tary operations to issue through him 486,487
additional special tax on certain ........ 471 othetwise to be void ............. 487
Gas, penalty for knowingly issuing, transmit-
tax on, to be charged to consumers..128, 474 ting, or obeying orders contrary hereto 487

HeinOnline -- 14 Stat. 878 1863-1867


INDEX.
General Orders, c Glance,"
relating to practice and procedure in register to issue to the steam yacht..557, 568
bankruptcy to be made by justices of to be granted to Wmlliam Levering, Jr. 568
the Supreme Court ................. 521 Glasgow, Thomas,
may be annulled, changed, and new pension to ........................... 627
ones made ..................... 521 Glass, Manufactures of,
GeneralPost-Office Buiding, other than window glass, tax upon..... 475
appropriations for extension of ......... 318 Gle-on, William,
Geological and Tupog aphical Exploratiwn, pension to ........................... 631
of the territory between the Rocky Moun- Glover Museum,
tains and the SierraNevada, authorized 457 appropriation'for the purchase of the.... 452
route or routes of the Pacific rail- Glynoin Oil. See Naro-Glyceroe
road included .................. 457 transportation, &c. of, forbidden ........ 81
to be done out of existing appropri- Gold and Silver Mines,
ations ......................... 457 statistics of, in western States .......... 34
Geooqical Survey, Gold, Cornelius B.,
of Nebraska, provision for ............. 470 credit to be allowed to, in settlement of
how to be prosecuted .................. 470 accounts of ....................... 587
"George M. Barnard," Gold Plate,
name given to the ship " Art Union,"... 351 annual taxon ........................ 135
Georgetown, D C. See District of Columbia. Gold Watches,
salary of collector of customs at, estab- annual tax on ........................ 135
lished ..... . . ................ 308 Goodrich, Ambrose L.,
to provide satable rooms, &c for or- demand of, to be audited and settled ....609
phans' court and registry of wils..317, 318 Goods, &-,
may levy a tax therefor ............... 318 arriving at designated ports destined for
to levy a special tax for increased pay of places in adjacent provinces, &c. may
metropolitan police ................ 374- be entered and carned through the ter-
to bear part its proportion of tax for in- ritory of the Umted States without
creased pay of the metropolitan police. 321, payment of duties .............. 328, 329
456 with the consent of the authorities of the
the proportion how ascertained ....... 457 provinces, &c. may be carried across
to contribute towards payment forjail. . 231 their territory from one place to an-
for house of correction for boys .... 235 other in the United States ........... 339
tax to be levied for ............ 231,235 Gordon, Ezra B.,
proceedings in default of payment pension to .......................... 624
of. ................... 232, 235 Gordon, John,
amount to ho raised and paid into the pension to.......................596
treasury towards the completion of the Gordon, Jonathan W.,
new jail . ......................... 428 credit to be allowed to, in settlement of
repeal of former law lespecting ..... 428 accounts ........................... 590
mayor and aldermen of, to prepare voting Gould, Addne H.,
lists ............................... 375 mother of Eugene E. Gould, pension to. 628
to be in open session to receive evi- Gouter, Emerance,
dence of qualifications of voters, pension to ........................ 584, 594
& ............................. 375 Government Water Pipes,
judges of election in, appointment, num- unlawful tapping of, punished .......... 251
ber, term of office, powers and duties Grain,
of . ... .......................... 390 parts of building may be bonded for stor-
Georgia, age of ............................. 187
district court of the United States in, for number of bushels to be tound by weight 187
northern district of, to be held at At- pounds to a bushel ............. 187
lanta instead of Marietta ............ 242
the insurrection declared to be at an end in 813 fifteen of the metric weights to be the
act to provide for the more efficient gov- equivalent for postal purposes of the
ernment of ....................... 428 half-ounce ......................... 301
constituted part of the third mihtary dis- Grand PortageIndians,
triet .... ......................... 428 appropriations for the .............. 257, 494
See Rebel States. Grants,
German Newspapers, in all, to corporations, when the United
tax-law to be published in certain ...... 173 States reserv6s the right to appoint di-
Gibbons, Francis A., rectors, engineers, commissioners, &c
payment to ...................... 585 to examine roads, and act with the of-
papers in the case of, to be referred back ficers of the company, all expenses
to court of claims ............... 644 and pay of such persons are to be
court to grant a rehearing if, &c ... 644 borne by corporation ................ 299
rate of pay to such persons ........ 299
of land in the Thames river, offered by if company neglects to pay, no more
the State of Connecticut near New patents for lands, &c. to issue.... 299
London, to be accepted and held for Grants of Land. See Public Lands.
naval purposes .................... 489 made by Congress to promote education,
Gzft Enterprises, Proprietorsof, statement of, to be made by the con-
definition of, and special tax on ....... 120 missioner of education in his first re-
tax to be in addition to other taxes ... 120 port to Congress .................... 434

HeinOnline -- 14 Stat. 879 1863-1867


INDEX.

Gratitude Habeas Corpus, (continued.)


of the nation to the officers, soldiers, and marily and discharge the prisoner, if,
seamen of the United States, expressed &c .......................... 386
by Congress .................... 354, 355 penalty for refusing to obey the win..... 386
Gratuities, for not making a return or making a
penalty for offering to officers of revenue, false return .............. ....386
& ...... ............ 187 appeal from any inferior court, &c.to cir-
upon revenue officers for receiving.. 187 cuit court ............ ... ..... . 386
Gray, Andrew J, from circuit court to the supieme
pension to ........................... 593 coit .......................... 386
Gray, John, terms, regulations, and orders re-
pension to ...................... .. 620 specting, &c ................. 386
Great Osages See Osages. pending such proceedings or appeals, and
treaty with ....................... 687, 693 after final judgment discharging the
Greece, petitioner, all pioceediugs in State
appiopriation for minister resident in, re- courts void .................... .386
pealed ............................. 322 this act not to apply to persons held in
Green, Abby, custody of military authorities charged
payment to, for aiding Union soldiers to with any military offence, or aiding,
escape from Ltbby prison ............ 639 &c. rebellion pyior to the passage here-
Greenhouse, of .... ..... .............. .387
appropiiation for construction of new... 463 Habeas Coi pus cum Causa,
how to be expended .............. 463 to be issued by the clerk of the circuit
plan of, and how to be built......... 463 court of the United States in suits be-
Greenhouses, gun in State courts and removed to the
appropriations for .................. 193, 443 circuit coi t when the defendant is in
G hndeis of Coffee or Spices, actual custody under the State pio-
defiiition of, and special tax on ........ 122 cess ........................ 385
Gross Receipts, the marshal to take the body of the de-
from pasengers and mails, by railroads, fendant to be dealt with in the circmt
steamboats, coaches, canals, &c. tax corit. ................... 385
on........................... 135 to file with, or deliver to the clerk of
of toll-ioads, tax upon, iepealed. .. 485 State court, duplicate copy of writ 385
Gros Ventres, attachments, bail, &c. to continue in full
appropuations for the ................. 493 force ..... .. .............. 385
Guano, Hafer, William H.,
provision as to exportation of certain... 328 pension to ........................ 630
Gunboat, in case of his death, to John's widow
one of the United States to be transferred and orphan childien ........ 630
to the republic of Liberia .......... 39, 40 Hair. See Duties
Gunpowder, of the alpaca, goat, and other like ani-
pm chase of site for, and erection of, build- mals, duty on unmanufactured, import-
ing for magazine for storing .......... 92 ed . ......... .. .....559, 562
tax upon .... ..................... 474 duty on manufacties of........ 561,562
Guns, Haf-B eeds,
of heaviest caibie, experiment to test ef- of the Osage Indians, certain, to have'
fect of, upon stone torts, iron-clad ves- patents issue to, for eighty acres of
sels, &c. ........... 488, 489 land including their improvements 689, 690
facilities for making the experiments Hall, Emma J,
to be finished by the secretaries pension to ..................... 580
of the war and navy ............ 208 Hamilton, Mary C,
Guynn, Stewart, pension to . ......... ............... 594
mode of adjustment of accounts of..... 208 Hamlin, John f.,
payment to, of pay and allowances as sec-
H. ond lieutenant of cavalry .......... 643
Hamrick, Wyatt f.,
Habeas Corpus, accounts of, to be settled ............ .610
courts of the United States and judges Hancock County Bridge Company,
thereof, in addition to present authority, may consti nct and maintain bridge across
may giant writs of, in certain cases.... 385 the Mississippi River ............. 245
pplication for writ to be in writing and Hancock, Major-General IVield S,
to state what . ..... ............ 385 thanks of Congress to, for gallantiy, &c
to be verified by affidavit ........ 385 at Gettysburg ................. 354
writ to be awarded forthwith, unless, &c. 385, Handbills,
386 the pnnting or engraving, &c.of, in the
how to be directed ................ 386 similitude of any United Stateg oblig-
return to be made to, and within tion or security declared unlawful... . 383
what time .... ................ 386 Handy, William,
upon the return, a day to be set for the services... 22
hearing and within what time ........ 386 ayment to, for extra clerical
Hankow,
petitioner may on oath deny the facts set pay of consul at, established ........... 225
forth in the return and allege others 386 Harborand Ship Canal,
return may be amended .............. 386 at Pottage Lake, additional grant of
court or judge to determine the facts sum- lands to Michigan for .............. 81

HeinOnline -- 14 Stat. 880 1863-1867


INDEX.
H?bar, Breakwater, and Ship Canal, Heating Apparatus,
from Green Bay to Lake Michigan, grant appropriations for ............. 192, 373,44.
of lands for ........................ 30 for public buildings ................... 61
Harbors, forSupreme Court room, law library,
approprations for examinations, &c of &e . .................. .......... 462
woiks at various, and fox surveys for President's house .................. 468
of................... 71-74, 419-422 Hedrick, Hiram,
See Public Works pension to ........................... 620
Hard Labor, eermnee, Harson,
pei sons sentenced to imprisonment in the payment to, as chaplain ................ 608
jail in the District of Columbia may
be employed at .............. 407 not to be carried on deck or guards of
proceeds of, how to be appled .......... 407 passenger steamers, except, &c ......227
Harmon, Matilda, Henne, Robert,
widow of Jacob Harmon, pension to .... 617 pension of, increased .................. 578
Harris,Edgar T, Herndon, Mrs. William L.,
pension to ......................... 610 copyright to issue to .................. 587
Harris, Jane, Heth, Ann,
pension to ................... ...... 592 pension to ......................... .583
Harvey, Eie J., Heyl, Lewis,
widow of Clinton D. Harvey, pension to 631 payment to, for compiling statutes con-
Harvey, J S., ceming duties on imports, and index to
assistant paymaster in the navy, not re- tariff bill ................. ... ...461
leased from responsibility for money Htbner, Nicholas,
stolen ......................... .. 618 pension to ....................... .582
Harvey, Rufus L., Hides,
pension to ........................ .627 of neat cattle, importation of, may be pro-
Hastings, John, hibited ................. ..... 3
credit to be allowed to, in settlement of when and how act may be suspended .... 4
accounts ........ ... .............. 604 penalty for violation ................... 4
Hats, Highways,
tax upon ........... ............... 474 certain roads in the District of Columbia
Hawattan Bark, " Kamahamaha V," may be declared public ............. 45
payment to owners of ............... 599 damages ....................... 45
Hawaiian Vessels, Hnshaw, Jacob Mt,
acts imposing discriminating duties of minor child of Jacob M Hinshaw, pen-
tonnage and impost within the United son to ......... .................. 618
States, suspended as to, and their car- Hnshaw. William A.,
goes, and how longto continue ..... 819 minor child of Jacob M Hinshaw, pen-
Hay, sion to .......................... 618
not to be carried on deck,
or guards of Hinton, Nancy,"
Hayti, passenger steamers, except, &c ...... 227 widow of John Hinton, pension to ....... 631
History of the Navy,
appropriations for diplomatic representa- collection of facts to illustrate .......... 490
tives to......................... 225 Hodges, Horace I,
title of, hereafter to be minister-resi- allowance to heirs of, in settlement of his
dent and consul-general ....... 226 accounts ........................ 600
salaries of minister-resident and consul- Holland, James G.,
general to ..................... 414 credit to be allowed to, in settlement of
Heads of Divisions, accounts ................ .........601
office of, in the office of commissioner of Hoffman, John,
internal revenue, established ......... 170 pension to ........................... 586
Heads of Families, Homestead Rights -.
loyal persons, members of any tribe of extended to certain lands in California... 549
Indians at peace with the United States, Homestead. See Lands, Public.
may buy a quarter-section of land each, all public lands in Alabama, Arkansas,
in the sales of the lands of the Osages' Florida, Louisiana, and Mississippi, to
reservation ... .... ..... ...... 688 be disposed of according to law of 66, 67
allotment to those among the Indians of mode of applying for benefit of the law 67
Middle Oiegon . ............. 752 owners of, upon lands heretofore desig-
" Heads of Families of the African Race," nated as mineral, but on which no val-
sales of lands made to, by the tax com- nable mines of gold, &c.have been dis-
missioners of South Carolina, confirmed 175 covered, may pre-empt the same, or
leases to, when may be changed into certif- take them as homesteads ............ 253
icates of sale . ............ 175 Honolulu,
Head-qua ters See General,4-c steamships of the hue from San Francis-
of general of army of the United States co to Japan and China not required to
to be in Wash ngtou ............. 436 touch at .................... ......394
Heald, Jos-ph G, monthly mail steamship service between
claim against the Choctaws, &c., for darn- San Francisco and, Postmaster-General
ages to be determined .......... 780, 781 may invite pioposals on ....... 543, 544
Health Laws. See Quarantine and Health Laws See Madl 'eamshp Seice.
piovisions for the enforcement of, against Hoods,
the cholera, in aid of State authorities. 357 tax upon .. ................... .....474
VOL. XIV. 56

HeinOnline -- 14 Stat. 881 1863-1867


INDEX.
Hoop-Skirs, House of Representatives, (continued)
tax o .................... 474 if clerk is unable to perform this duty
Hopley, John, sergeant-at-arms to do it ............. 397
payment to .......................... 22 if seigeant-at-arms is unable, door-
Hoe, Henrq, keeper to peiform it ............. 397
pay ment to .......................... 600 compensation of officers, &e of .... 441, 442
Horse Dealers, contingent expenses of the ........ 442, 443
definition of, and special tax on ......... 116 HowardInstitute and Home,
Horses, of the Distnct of Columbia, incorporated 69
duty on those imported alive ........... 48 its powers and objects ............... 69
Horses, Cavady and Artillery, manageis and their powers ......... 69
appropriation for purchase of ........... 91 to be established and maintained by vol-
Horton, Lewis A., untary contributions.............. 70
pen ion of, increased ........... 629 ievord thereof to he kept and re-
Hosa, A 1 1, ported annually ................ 70
widow of James Hosea, pension to ...... 630 Howard Unversity,
Hospital Fsitureand Clothinq, in the District of Columbia, act to incor-
to be placed at the disposal of the authori- potato ...................... 438, 439
ties of the city of Pot tland, for the rehef genieal and special provisions of the act
of sutfererb by the fire .. ........ 364 of incorporation ............ 438, 439
Hospital, Government, for the Insane, Hubbard, Gordon S,
appropiiations for .............. 20, 316, 464 account of, for carrying mail, to be au-
Hospitals, Marine, dited and paid .................... 597
appropilation for, at Cleveland ........ 22 Hudnall, James 1,
at Chelsea .. ............. 310 credit to be allowed to, in settlement of
sale of cei Lain authorized .. ..... 40, 76 accounts for public money lost ....... 645
Hospitals, Naoy, Humboldt Canal Company,
appropriations for ............. 36, 491 right of way granted to, for a canal
at Washington ................ 325 through the public lands of the United
Hospital Stewards, States .. . ..................... 64
at each military post .................. 333 certain lands may be flowed to create a
attached to the medical department ..... 335 reservoir for ........ ............. 64
Hotels, Keepers of, sites for waste-gates, mill-sites, depots,
definition of, and special tax on ..... 117, 118 &c.............. . ..... ....... 64
certain, to pay an additional tax ........ 118 grant to cease, unless, &c ............ 64
House of Correctionfor Boys, not to interfere with grant to any
act to establish, in District of Columbia.. 232 railroad company ............ 64
government vested in seven t astees ... 232 Hunter, Commander Cha les,
trustees, how appointed, and term of of- to be restored to his rank in the navy... 70
fice ................ .. ' ......... 232 Huntington, Dimick B.,
to have expenses, but nq pay ....... 233 sums found due in settlement of accounts
to be a corporation ............ 233 of, as Indian agent, to be paid ....... 570
name and powers of ........ 233 Harley, Thomas,
duties of trustees ................. 233, 234 pension to ... ....................... 584
superintendent and other officers ........ 233 Hyatt, Thadeleus,
treasuer, bond, and duties ........... 233 patent of, for improvements in vault cov-
grounds and buildings to be piepared . . 233 ers, extended .............. . ... . 604
boys of what ages and for what offences effect of extension ............... 604
to bo sentenced to ................ 233 Hydrometers See Internal Revenue.
expenses of, while in institution, how Secretary of Treasury may adopt, for test-
paid ............ ........ 234 ing spirits subject to tax, &c ......... 481
supeintendent to reside at institution, Hydrographc Ofllce,
and have charge, &c of the boys.. .233, 234 established in Navy Department ........ 69
to keep a register of the boys admitted 234 to be attached to bureau of navigation 69
to have chaige of property, and keep purposes thereof .................. 69
accounts ...... ........ 234 maps and charts to be published and fur-
books to be open to inspection of nished navigators at cost of printing
trustees. ..... ............ 234 and pap i ............... ......... 69
to make contracts for the institution. 234 copyrights to be purchased ............ 69
to give bond .. .... .. 233 money received from sales of maps, &c.to
annual iepoit to Secretary of Interior.. 234 be returned to treasury and here used. 69
expenses of constiuction, how to be paid 235
House of Representaties,
appropriation foi officers, clerks, &c. and I.
contingent expenses of.. . 24, 25, 192, 193 Idaho Land District,
deficiency appropuation for contingent established, provisions concerning ...... 77
expenses of, for the year ending June to be located at Boise City ............. 77
30, 1866 .... .. ......... ... 59 Idaho Territory,
ventilation of bath-room of the ...... 325 appropriations for government of .... 204, 455
duties of cleik of, in prepaiing for the or- to pay for census of............. 22
ganization of ................... 397 for Indian service in ........... 279, 512
,roll or membeis elect to be made..... . 97 post-roads established in .............. 288
names of what members to be placed on land district established in ............ 77
the roll ............................ 397 name and location ............. 77

HeinOnline -- 14 Stat. 882 1863-1867


INDEX.

Idaho Territory, (continued.) Income Tax. See Internal Revenue.


register and receiver of land district in. 77 to be paid by persons out of the United
their duties and pay ............... 77 States and not citizens, on income from
surveyor-general for, authorized ........ 77 business in the United.States ......... 138
salary, duties, allowances .......... 77 levied May i, and payable June 30, in
office to he at Boise City .......... 77 each year ...... .................. 138
net proceeds of internal revenue of, for to be levied March l, and be payable on or
three years, to be applied to erection of before April 30, in each year ......... 480
penitentiaries in ................. 377 to last until 1870, and no longer ..... 138, 480
hmit of amount to be expended .... 377 rate of, whence derived, amount exempt 478
at what places to be erected ....... 377 to be for the year ending December 31 478
survey of boundary between, and Oregon 466 in estimating income, what to be included 478
salaries of chief justice and associate jus- what to be deducted ......... 478, 479
tices ......................... 426 list or return ......................... 479
judges of Supreme Court of, to definejudi- to be verified by oath ............. 479
cil districts, assign judges, and appoint may be increased .............. 479
times and places for holding the courts 427 penalty for neglect or refusal to make re-
sessions of legislative assembly to be bi- turns, or making false returns ....... 479
ennal, after, &c..................... 427 not to be assessed until after reason-
next election for members of ...... 427 able notice .................. 480
term of office of members of house and if income tax is paid in another district.. 479
council ..................... 427 amount of income may be proved ... . 479
councillor districts and election of mem- deductions claimed, not to be allowed until
bers of council ..................... 427 approved by assistant assessor ........ 479
Idaho, The Steam Screw Sloop of War, appeal from assistant assessor to assessor 479
to be accepted by the Secretary of the decision of assessor to be final, unless re-
Navy and contractor discharged ...... 640 versed by commissioner of internal rev-
Illinois,
ente ........................... 479,480
post-roads established in 191, 282, 283, 551, 552 if not paid when due, five per cent and in-
Illinois Soldiers' College and Military Academy, terest to be added ............... 480
cots and bedding for five bundied persons of those in the civil, military, or naval
granted to, for use of free students service of the United States ...... 139, 480
therein, disabled by the war ........ 366 rate of tax ...................... 480
Illuminating Oils, amount of, to be deducted ........ 480
the mixing of, with naphtha for sale, how pay-rolls, &c to show such payments 480
punished .......................... 4& accounting officers to require proof
selling, &c such. mixture ......... 484 that taxes have been deducted and
Immigiation, paid ovel ...................... 480
expenses under act to encourage... 1.226, 415 payments of prize money to be deemed
Imprisonment, income ....................... ... 480
persons sentenced to, in the jail in the but not to mechanics or laborers on
District of Columbia, may he employed public works ................... 480
at hard labor ...................... 407 this takes effect upon salary and compen-
IeprisonmentforDebt, sation for March, 1867 .............. 480
State laws for discharge from, to apply Indemnity
to process from courts of the United for spoliation upon the Ponceas, to be paid
States ........................ .. 543 by the United States .............. 676
all modifications, conditions, and re- Independent Treasury,
strictions of, upon, to apply to such appropriations for the expenses of the... 202,
process .... .................. 543 452, 453
oath of, and notice by, debtor ......... 543 for assistant treasurers of the United
all proceedings to be had before commis- States ..................... 452, 453
sioners of the circuit court of the United for clerks, messengers, and watch-
States ........ ................... 543 men .......... ............ 452,453
Improvements, Indiana,
claim of settlers upon certain townships post-roads established in .... 6, 191, 282, 552
ceded to the Ponca Indians foi, to be Indian Affairs,
satisfied by the Ponceas ........... 675, 676 appropriations for the office of commis-
Import Duties, sioner of ................. 197, 447
under treaty with Japan ............. .655
extra clerks in office of .............. 315
Imports. See Duties Inian Agents,
persons claiming lien on, to be notified 182 in Utah Territory, payment to certain, of
not exceeding $ 100 in value, may be en- sums found due in settlement of their
tered without triplicate invoice, if, &c. 182 accounts ...... .............. 570
act imposing duties on certain ........ 3 28
appointment of certain sub-Indian agents 515
Incidental Erpenses Indian Annity Goods,
of collectors of customs, when part may appropriation to purchase in lieu of those
be paid ........ .......... ...... 186 lost by fire on steamer Ftauk Bates.. 208
Incomse,
Indian Bureau,
returns of, to state whether the rates, &e. appropriations for the ............. 255, 468
are given in coin or currency ....... 5, 147 Indan Department,
if made in coin, to be reduced to cur- appropriation for current and contingent
rency .... ............... 5, 147 expenses of, and for fulfilling treaty
duty of assessoin in such cases . . 147 stipulations with Indian tribes for the

HeinOnline -- 14 Stat. 883 1863-1867


INDEX.
Indian Department, '(continued.) Indian Department, (continued.)
years ending June 30, 1867 and 1868..255 - treaty stipulations, &c. with the
280, 492-515 Quapaws .................... 263, 506
superintendents, agents,sale agents,cleiks, Quil-le-uites ....... 270, 506, 514, 515
&c..... ............... 255,256,492, 493 Qui-nai-elts .......... 270, 506, 514, 515
interpreters, piesents, provisions ..... 256, 492 Red Lake ............... 271, 496,497
buildings and repairs .............. 256, 492 Rogue Rivers .............. 263, 506
contingencies ..................... 256, 492 Sacs ................... 263, 508, 507
treaty stipulations, &e. with the Sans Arcs ........... 274, 509, 510
Apaches ............. 259, 276, 492, 493 Scotons ................ 256, 493, 494
Arapahoes ............. 271,276, 493 Seminoles ..............263, 319, 507
Arickarees ..................... 493 Senecas ............... 264, 507, 508
Assinabomes .................... 493 Shawnees ............ 264, 507,508
Blackfeet Indians ......... 208, 273, 508 Shoshonees ............... 272, 508
Bos Fortes ............. 257, 274, 494 Sioux ........... 273, 274, 508, 509, 512
Calapooias ........... 264, 265, 493, 510 Sissetons ................... 279, 514
Camanches .............. 259, 276, 493 Six Nations ............... .264, 510
Cayuses ................ 266, 510, 511 S'Klallams ................. 270, 510
•Chastas .................. 256, 493, 494 Snake ...................... 511
Cherokee Nation ......... 279, 499, 513 Tabeguache Bands ........ 272, 275, 510
Cheyennes .............. 271,276, 493 Texas .......... ....... 278, 513
Chiekasaws ........... 258, 259, 497 Two Kettles ..............273, 509
Chippewas. 256, 257, 258, 261, 271, 273, Umatillas.. :......... 266, 510, 51L
274, 370, 494, 495, 496, 497, 504 Umpquas .... 256, 264, 493, 494, 510
Choctaws ................ 258, 259, 497 Upper Pen d'Oreiles ...... 270, 501
Clackamas ................. 265, 493 Upper Yanktonais ..... .. 274, 509
Creeks ....... 259, 272, 320, 498, 499 Utahs ......... 272, 275, 510, 513
Dakotas .......... 273, 274, 508, 509 Wabpakoota .............. 279, 514
Delawares .............. 260, 499, 500 Wahpatons ...... ...... 279, 514
D'Wamish .................. 268, 500 Walla-Wallas .... .".266, b10, 511
Flatheads ........... 269, 500, 501, 514 W ichitas ............... ..278, 513
Fort Laramie .............. 208, 493 Winnebagoes .268, 265,280,494, 511
Foxes ................ 263, 506, 507 Yakamas ............. 267, 277, 511
Grand Portage ................ 257, 494 Yanctons ...... .. 265, 278, 512, 514
Gros Ventres ................. 493 Yanctonais. ............. 274, 509
lowas ............... ....... 260, 501 Indian service in Arizona Teriltory. .279, 512
Kansas .................. 260, 501 in California.278, 279, 512, 513
Kickapoos .................... 260, 501 in Coloiado Territory 279, 512
KMowas .............. 259, 276, 493 in Dakota Territory . 280, 512
Kioways ..................... 493 in Idaho Territory . 279, 512
Klamaths .................... 277, 501 in Michigan ......... 278, 514
Kootenays ................. 270, 501 in Minnesota ........ 278, 514
Lao de Flambeau ................ 257 in Montana Territory 279, 512
Lake Wmnibagoshish ..... 258, 273, 496 in Nevada Territory 279-326,
Lower Bruls ............ 273, 508, 509 512
Makahs ................. 266, 501, 502 in New Mexico ... 278, 279, 513
Mandams .................... .493 in Oregon. .. 278, 279, 12, 513
Medawakantons ............. 279, 514 inUtah Territory. 25, 279, 512
Menomonees ........... 258, 260, 502 in Washington Territory 278,
Menomones .................. 494 279, 512, 513
Miamies ............ 260, 261, 502, 515 in country leased from Choetaws .. 278, 513
Middle Oregons .......... 270, 498 annuities to Pawnees, Poncas, and Yane-
Minneconjoos ................ 273, 508 ton Sioux ................... 278, 514
Missourias ............... 261,504 vaccination ................. 278, 514
Modocs ................. 277, 501 colonizing, &c the Wilhitas and other
Molallas .................. 265, 493 affiliated bands ......... .... 278, 513
Molels .................. 270, 502 interest on abstracted bonds of Cherokee
Navajos ................... 279, 514 school and national funds ..... 279, 514
New York Indians ...... 258, 494 on non-paying stock held in trust tar
Nez Perces ....... 267, 269, 503, 504 vaious Indian tribes . ... 279, 514
Nisquallys ....... . 261, 502, 503 Attorney-General to inquire into condi-
O'Gallaas .............. 274, 508 tion of all funds held in trust for In-
Omahas .............. 261 -276, 504 dian tribes ..................... 497
Onk-pah-pah ............. 274, 508 what stocks are non-paying, and the
Osages ................. 261,504 remedy of the United States.. . 497
Ottawas .............. 270, 370, 504 report to Congress ............. 497
Ottoes .................... 261, 504 subsistence of the Sisseton, Wabpaton,
Pawnees .............. 262, 278, 505 Medanakauton, and Wahpakoota bands
Pembinas ................ 271,497 of Sioux or Dakota Indians .. .279, 514
Pillager Bands .......... 258, 273, 496 delivery of provisions to Indians within
Poncas .......... 265, 278, 505 the Utah superintendency ....... 280, 513
Pottawatomies .262, 265, 280, 370, 505, special agents to the Winnebagos and
506 Pottawatomies in Wisconsin. .. 280, 514
Puyallups ............. 261, 502, 503 funds held, and appropiations made. for

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INDtX.
Indian Department, (continued.) Indian Tribes, (continued.)
Indians to be expended only according rescue of prisoners from, and relnaning
to law and treaty stipulations ........ 280 them to their homes ................. 515
payment for supphes for destute Indians arrest of persons charged with crimes
of the southern superintendency ..... 280 against the ..... .................. 515
for removal to homes ........... 280 India-Rubber Boots and Shoes,
full examination to be made before tax npon ............................ 474
money is expended ........... 280 Indorsed tters
loyal citizens of good moral character to be returned to writers free ........... 60
may trade with Indian tribes, upon IndustrialExpositzon,
giving bond, &c ................ 280 at Pans, France, joint resolutions in rela-
conditons of bond ............. 280 tion to the ......................326, 347
existing laws and regulations to ap- acts of Secretary of State approved..... 347
ply to such traders ..........280 Secretary of State to make general regn-
rescue of prisoners from Indians, and ar- lations ....................... 348
rest of persons charged with crimes general agent at New York. .. 347, 362, 363
against Indians .................. 515 may appoint clerks, their pay... 347, 348
no money or annuity to be paid to any commissioners .................. 363
Indian tribe engaged in hostihtes who not to be ............ ...363
against the United States, &c. since, &c. 515 people of the United States invited to
nor until new appropriations ate take part in ...... ....... .. ... 363
made .......... ........ 515 appropriations for .............. 362, 363
hostilites by any tnbe to be reported to Infantry,
CongLess ...................... 515 number of regiments of, in the army, and
Indian bureau to report each session, to how organized ................. . 332
Congiess, tabular statement of sepa- four regiments to be the veteran reset ve
rate objects of expenditure .......... 515 coips ....................... ..332
appointment of Indian sub-agents ..... 515 four regiments of colored soldies .....332
appropriation for liamies, to whom to be original vacancies in grades of officers,
paid ....... ... .......... ..... 515 how filled. ..................... 332
Indianola, veteran reserve corps, how officered . 332
to be port of entry for distnct of Salaria, each regiment to have what officers and
Texas, instead of La Salle .......... 308 m en ....... ...................... 333
Indian Reganents, Informers,
payment of bounty to certain, provided for 360 of violations of provisions of the internal
Indian Reservations, revenue law, one half of fine, &c for
appi opriations for survey of ........... 318 extortion or oppression by certain reve-
Indiansand Indian Trbes. See Indian Tribes. nue officers to go to ................ 10
subsistence, clothing, &c. for destitute, for exercising trade, &c. without
within the southern superintendency.. 347 payment of special tax ......... 113
Indian Scouts, for violating law as to sales, &.. 134
may be enlisted and employed in the Ter- amount to be paid to, when there has
ritories and Indian country ......... 333 been'a judgment ................... 145
to have pay and allowances of cavalry when payment is made without suit
soldiers ............. ........... 333 "or before judgment ............. 146
Indian Sub-Agents, no right accrues to, until, &c ......... 146
appointment of those whose salaries are when a witness in civil actions for a pen-
over $1,000 a year .................. 515 alty the other party may be a witness
Indian Territory, also .......................... 146
post- oads established in ............... 288 appropriation to pay certain, their share
Indian Tribes, of certain fines, penalties, and forfeit-
provisions as to trust funds of...... 279, 280 ures ......................... 208
any loyal citizen of good moral character of breaches of customs laws, one fourth
may trade with, upon giving bonds. 280 of fines, penalties, and forfeitures under
conditions of bond ............ 280 seizures to go to ................. 546
existing laws and regulations appli- when officer of revenue cutter is in-
cable to such traders .......... 280 foi mer, one half of pi oceeds to go
appropnaton for negotiation of treaties to officers of the cutter, to be di-
with certain, of the Upper Missouri and vided among them according to
Upper Platte rivers ............ 358 their pay .. ... ....... 546, 547
how to be expended.......... 358 Inland Sea,
no money or annuity to be paid to any in opening of poit in, by Japan, may be ac-
hostility against the United States, &c, repted in lieu of payment of money. 665
since, &c...................... .. 515 Insane Asqluam
nor until new appropriations are in the District of Columbia, who may be
made .................... 515 admitted to .................. 93, 94
report to Congress of cases of hostilities 515 Insane, Government Hospitalfo the,
Attorney-General to report upon condi- appiopisatons for the ........ 20, 316, 464
tion of funds held by the United States finishing, &c.each wing, &c .....464
in trust for .................... 497 salary of superintendent, established ....464
to reportwhat stocks are not paving, Inspection. See Internal Revenue.
the security and remedy of the of spirits, Secretary of Treasury may
Umted States ............. 497 adopt rules, &c. to insure correct and
interest on non-paying stock held for .... 514 uniform slstem of ................ 481

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INDEX.

Inspection Laws, Inspectors of Steamboats, (continued.)


in regard to steamboats, special examina- annual compensation of local, established
tions to be made from time to time into for the district of-
the administration of ............... 229 Mobile ... ..................... 229
Inspection ofLigits, Nashville ........................ 229
appropriations for expenses of........ 458 New London .................... 229
Inspection of Boilers, New Orleans ..................... 229
one additional at New York ............ 229 New York ...................... 229
Inspector (General) of Spirits, Norfolk .... .................... 229
to inspect and gauge all distilled spirits, Oswego . ..................... 229
and mark barrels and packages ....... 481 Philadelphia ..................... 229
Inspector of Military Academy, Pittsburg .................... 229
appropriation for pay of clerk in office of 449 Portland, (Maine) .............. 229
Inspectors, Portland, (Oregon) ............... 229
on board vessels destined for one or more San Francisco .................... 229
ports in the United States, regulations Savannah ........................ 229
asto .............................. 184 Saint Louis ...................... 229
under the internal revenue act, penalty Vermont ........................ 229
upon, for extortion or oppression.... 101 W heeling ....................... 229
penalty upon, for accepting, &c. any to investigate more thoroughly the causes
money, &n for compromising, &c. any of disaster to steam-vessels ......... 453
charge fbr violating the law relatmg to to prosecute for violations of law ....... 453
internal taxes ................ .. 483 Inspectors of Tobacco,
under internal-revenue laws, to give provisions as to appointment and duties
bonds ............................. 484 of ........................ 125, 126
amount, conditions, and how to be fees of, and how paid........... 125
approved .................... 484 to keep account of stamps delivered to,
appropriation for salaries and expenses of 445 and sold or used by .............. 125, 126
Inspectors-General, to give bonds ........................ 126
four of the army, their pay, emoluments, Insurance Agents,
&c................................ 334 definition of, and special tax on ........ 119
assistant, their number, pay, &c..... 34 Insu, ance Companies,
Inspectors of Custonis, tax upon, or license of, agencies of, in
increased pay of certain, to continue .... 208 Washington, D. 0. not to exceed, &c. 433
Inspecto s of Cotton, Insurrection, The,
appointment, duties, and pay of ........ 101 declared to be at an end in certain States 813,'
Inspectors of Disdlerles, 817
appointment and duties of.......... 155, 160 throughout the Union ............. 817
not to be engaged in other business.... 156 Intdlqence Office Keepers,
not to be or become interested in the pro- definition of, and special tax on ........ 118
duction of distilled spirits ............ 168 Interest,
fees and pay of, and by whom paid ..... 156 on abstracted bonds of Cherokee school
assistants, appointment, duties, &c.of... 156 and national funds .................. 279
law requiring one for each distillery, re- on non-paying stock held in trust for In-
pealed ............................ 481 dian tribes .................... .... 279
duty of, to be performed by whom.. .481,482 on sums loaned for government purposes
Inspectors of Steamboats, by First National Bank at Washing-
penalty upon, for not making returns as ton, D. 0 ..................... ....313
iequired by law .................... 188 rate of, upon taxes not paid when due, to
appropriations fe .......... 203, 373, 453 be one per cent a month ........ 473, 480
bonds of ............................ 229 none to be charged for fracton of a month 473
penalty upon persons connected with any Interior Department,
association of steamboat pilots, engi- appropiations for...... 20, 197, 198, 374, 468
neers, masters, or owners, for attempt- Internat Revenue,
ing to exercise the functions of ....... 228 appointment of assistant assessors, by the
such act to be a misdemeanor ...... 228 Secretary of the Tieastry ........... 2
to forfeit office and pay $ 500 ....... 228 act to declare the meaning of parts of... 4, 5
clerk in local offices at New York and "dividends in sclip" in § 120, to mean
New Orleans ...................... 229 what ................ ............ 4, 5
stationery, pnnting, instruments, &c for 229 "stockholders " in § 122, to mean what.. 5
annual compensation of local, established "all such interest," &c. in § 122, to mean
for the district of- what .............................. 5
Baltimore ........................ 229 returns of ircome to be declared to be
Boston and Charlestown ........... 229 stated in corn or legal currency .... 5, 147
Buffalo ......................... 229 when in coined money, to be reduced
Charleston ....................... 229 to value in currency ........... 5, 147
Chicago ......................... 229 appropriations for expenses of adminis-
Cincinnati ....................... 229 tering, except, &e .................. 205
Cleveland ........................ 229 accommodations for officers of .......... 319
Detroit ........................ 229 act amending act to piovide ............ 98
Galena ......................... 229 unmanufactured cotton to pay a tax of
Galveston ...................... 229 three cents a pound ............. 98, 471
Louisville ....................... 229 weight, how ascertained ........... 98
Memphis ........................ 229 tax a lien ........................ 98

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INDEX.
Interal Revenue, (continued.) Internal Revenue, (continued.)
no drawback on unmanufactured cotton, accounts of assistant assessors, how made
when exported raw ................ 98 and verified ........................ 105
no tax upon imported, on which in- bids and contracts for supply of sta-
ported duty has been paid ..... 98 tionery ........................ 105
tax, how levied and paid, and pro- additional compensation to assessors and
ceedings in reference thereto. .. 98 - 101 assistants in certain districts ......... 105
See Cotton. p. 860. not to exceed the rate of $5,000 a
penalty upon inspectors, revenue agents, year .......................... 105
or special agents for extortion or wil- collectors acting as disbursing Officers, to
ful oppression .................... .101 be allowed certain bills heretofore paid 105
fine, imprisonment, dismissal from commissions of assessors and collectors
office .......................... 101 in districts whence and to which cot-
one half of fine to the United ton, distilled spirits, &c.are sent.. 106, 473
States, and one half to the in- accounts of assessors and collectors, after
former .................... 101 June 30, 1864, to be adjusted to fiscal
assistant assessors when to notify persons year .............................. 106
to render annual lists ................ 101 if more than one assessor or collector in
persons notified, and neglecting to render any year, commissions to be appor-
lists or render false lists, may be sum- tioned ........ .................... 106
moned to appear, produce books, &c... 101 no-salaries or commisions to be paid, un-
witnesses may be summoned...... 101 less commissionci of internal revenue
if persons do not reside, &c in the State, certifies that all reports, &c. have been
assessor may enter any district where received ........................... 106
they may be found, &c ........... 102 collectors to give notice that taxes are
summons, how served .... . 102 payable, and of the time and place of
certificate of service to be evi- payment .......................... 106
dence ..................... 102 to notify persons not paying ....... 106
description of books ......... 102 fees theiefor ................. 106
penalty for neglecting to obey ...... 102 if taxes are not paid in ten days, ten
attachment, &c for contempt ..... 102 per cent additional to be paid ... 165
assessors or assistants to enter premises, notice for taxes not m annual lists,
take views and make up lists ...... 102 &c ........................ 106, 107
if false lists, &c are returned, 100 per when may distrain for taxes ........ 107
cent to be added to tax ............. 102 proceedings in case of distraint ..... 107
for neglect to render lists, 50 per cent.... 102 notice, sale, &c............ ,. 107
further time may be allowed ........... 102 effect of certificate of sale ..... 107
amount added, how to be collected...... 102 tax to be a hen.................... 107
assessors to advertise, &c. when and levy for taxes .................... 107
where appeals will be received as to books containing evidence of property the
erroneous assessments ............ 103 subject of distraint, to be exhibited to
to submit proceedings and lists to all collector on demand ................. 107
who may apply ................ 103 property distramed may be restored to
appeals may be determined summarily... 103 owner, if, &c.................... 107, 108
not to be allowed after, &c......... 103 if tax is not paid, property to be sold 108
to be m writing, and state what..... 103 proceeds of sale .................. 108
witnesses to be summoned and books exemptions from distraint and sale...... 108
produced ...................... 103 apprasement of property declared to
assessors may re-examine and rectify as- be exempt ..................... 108
sessments ......................... 103 where property hable to distraint is not
not to increase them except after divisible, whole to be sold ............ 108
notice ........... .. ......... 103 proceeds how disposed of.......... 108
assessors, when to make lists .......... 103 in sales of property, if amount of tax is
lists to contain what .............. 103 not bid, collector may buy for the United
property of non residents .......... 103 States ........ ..... .............. 108
to be sent to collector in ten days... 104 such property may be sold ........ 108
special lists may be made, within, if there has been no assessment there-
&c. of property omitted or under- on, one to be made ............ 108
stated ......... ... ........... 104 accounts of charges and expenses in
the word "duty" in this act to mean tax, 104 sales or seizures to be made...... 108
pay and commissions of assessors .... 104, 105 real estate, when may be sold for taxes 108,
limit of salary of ................ 104 109
office rent and clerk hire and ac- proceedings in cases of such sales... 109
counts thereof .................. 104 notice, place of sale, sale .......... 109
affidavit of clerk .............. 105 if it consists of several tracts ....... 109
chief clerk may administer cer- when may be bought for the United
tain oaths ............... 105 States ........................ 109
pay of assistant assessors ........... 105, 473 adjournment of sale .............. 109
when employed outside of place of certificate of purchase, to set forth
residence ...................... 105 what .......................... 109
office rent, stationery, blank books, deed to be given upon surrender of
postage, &c ................ 105, 473 certificate ..................... 109
allowance to for office rent discon- to be prima facie evidence of re-
tinned ......................... 473 citals therein ............... 109

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INDEX.
Internal Revenue, (continued.) Internal Revenue, (continued.)
tax deed of real estate, to convey what.. 109 special tax to be paid collector who shall
owner may stop proceedings before give a receipt therefor ............ 113
sale, by paying tax and costs ..... 109 penalty for exercising, &c any trade with-
may redeem within one year out payment of tax............. 113,473
after sale by, &C............ 109 fine and Imprisonment ......... 113, 473
collector may seize and sell real estate fine to be divided between, &c . .113, 473
in another district ............... 110 upon manufactiers of tobacco, snuff,
records of sales to be kept ......... 110 or cigars, and upon dealers sn
to state what ................. 110 liquors ...................... . 473
to be delivered to successor..... 110 definition of dealers in liquors. 474
eopies to be evidence .......... 110 receipt for payment of special tax to state
entry to be made therein of the what ......................... 113
fact, when land is redeemed.. 110 payment of, not to exempt from addition-
if property seized and sold is not sufficient al tax for doing business in another
to pay the tax, other property may place, except for lawyers, physicians, &c. 113
from time to time be seized and sold.. 110 no special tax for stoiego of goods, &c if
the word "county" to mean what in this no goods, &e. are there kept, except as
act ........................... .110 samples ............... .... 113
collectors to be charged with whole persons carrying on a taxable business to
amount of taxes in lists, stamps, fines, exhibit receipt therefor to revenue offi-
&e ..................... .......... 110 cer on demand .................... 114
to be credited with what ........... 110 if pedler refuses -to exhibit receipt, his
if collector dies, &c.lists to be deliv- property may be seized .............. 114
ered to his successor, who shall col- summary proceedings thereon .... 114
lect the same ..................... 110 special taxes when due ................ 114
collectors to collect all taxes, and prose- proportional part of tax ......... 114
cute for penalnes, fines, &c .......... III if person who has paid special tax die,
taxes, forfeitures and penalties, how sued his executor, &c. may carry on busi-
for and recovered ................... IlI ness without additional tax......... 114
suit not to be commenced without in case of iemoval .............. 114
authority ............ ......... III cases of death, removal, &c. to be iegis-
United States not to be subject to tered ......................... .... 114
costs or attorney's fees, unless, &c. 111 persons carrying on more than one busi-
taxes wrongly assessed, &c. may be re- ness in the same place, at the same
,funded ........... ....... ....... Ill time, to pay tax for each .......... 114
collectors to be repaid amounts of judg- in towns of less than six thousand
ments paid by them, and damages and persons, one tax may cover what
costs recoveied against them........ 111 classes of business ................ 114
judgments recovered for taxes, &c to be auctioneets not to sell goods at private sale
paid to collector ...... . .... . 111 nor employ other persons, except, &c . 114
in cases of second assessment taxes not penalty for so doing............ 115
to be refunded, unless, &c ............ Ill may sell goods of persons paying
taxable property held to be sold, &c. in special tax on their premises ..... 115
fraud of revenue laws, maybe seized by who may and who may not do business
collector and forfeited ............. 111 in partnership and pay but one special
raw materials, tools, &c. for manufacture tax ... ......................... 115
in fraud of the law may be seized and definition of, and special tax on,
shall be forfeited ................... 112 apothecaries .................. 119, 471
proceedings *to enforce forfeiture .... 112 architects ........................ 121
penalty for possessing taxable pioperty assayers ................... .....121
with intent to sell in fraud of the law, auctioneers ...................... 119
&e ............................... 112 banks and hankers ............. .115
goods to be seized and held ...... 112 bi