certain affidavits extended to cer tain preemptors. Time for filing taken the initiatory steps required by existing laws in regard to actual settlement, and is called away from such settlement by being actually engaged in the military or naval service of the United States, and by reason of such absence is unable to appear at the district land-office, to make, before the register or receiver, the affidavits required by the thirteenth section of the preemption act of fourth September, eighteen hundred and forty-one, the time for filing such affidavit and making final proof and entry or location, shall be extended six months after the expiration of his term of service, upon satisfactory proof by affidavit, or the testimony of witnesses, that the said preemptor is so in the service, being filed with the register of the land-office for the district in which his settlement is made. 1841, ch. 16, §13. Vol. v. p. 456. Additional fees and allowances ters and receiv ers. SEC. 6. And be it further enacted, That the registers and receivers in the state of California, in the state of Oregon, and in the territories of to certain regis- Washington, Nevada, Colorado, Idaho, New Mexico, and Arizona, shall be entitled to collect and receive, in addition to the fees and allowances provided by this act, fifty per centum of said fees and allowances as compensation for their services: Provided, That the salary and fees allowed any register or receiver shall not exceed in the aggregate the sum of three thousand dollars per annum. Proviso. March 25, 1864. the United States APPROVED, March 21, 1864. CHAP. XL.- An Act to provide for carrying the Mails from the United States to foreign Ports and for other Purposes. Be it enacted by the Senate and House of Representatives of the United Vessels belong States of America in Congress assembled, That all steamers and sailing ing to citizens of vessels belonging to citizens of the United States, and bound from any port in the United States to any foreign port, or from any foreign port to any port in the United States, shall, before clearance, receive on board and securely convey all such mails as the post-office department of the United States, or any minister, consul, or commercial agent of the United States abroad shall offer, and promptly deliver the same to the proper authorities, on arriving at the port of destination, and shall receive for such service such reasonable compensation as may be allowed by law. SEC. 2. And be it further enacted, That upon the entry of every steamer or sailing vessel from any foreign port, the master or commander thereof shall make return, on oath or affirmation, showing that he has promptly delivered at such foreign port or ports all mails placed on board of the steamer or vessel under his command before clearance from the United States. And in case the master or commander shall fail to make oath or affirmation as aforesaid, showing that he has delivered the mails placed on board his steamer or vessel in good faith, the said steamer or vessel shall not be entitled to the privileges of a steamer or vessel of the United States. Master to make return under oath. Penalty for failure. Contracts for SEC. 3. And be it further enacted, That the Postmaster-General be, carrying mail matter by l'ana- and is hereby, authorized to make contracts, to continue not exceeding ma or Nicaragua. four years, for the transportation of all mailable matter other than letters, and of such letters as may be so directed, by the Isthmus of Panama or Cost not to ex- the Nicaragua route, or both of them: Provided, That the expenditure ceed, &c. for the service shall not exceed one hundred and sixty thousand dollars If more than per annum. And in case more than one company is engaged in renderone company ren- ing this service, the Postmaster-General shall determine the proportion which shall be paid to each. ders the service. Postage on tween Kansas SEC. 4. And be it further enacted, That all mailable matter which may mail matter be- be conveyed by mail westward beyond the western boundary of Kansas, and eastward from the eastern boundary of California shall be subject to prepaid letter postage rates: Provided, however, That this section shall Post, pp. 421, 422. not be held to extend to the transmission by mail of newspapers from a and California. Proviso. known office of publication to bona fide subscribers, not exceeding one copy to each subscriber, nor to franked matter, to and from the intermemediate points between the boundaries above named, at the usual rates: Provided, further, That such franked matter shall be subject to such regulations as to its transmission and delivery as the Postmaster-General shall prescribe. &c. Proviso. Contracts for SEC. 5. And be it further enacted, That the Postmaster-General may, if he shall deem it for the public interests, enter into contracts for any carrying the period not exceeding one year, for the transportation of the mails in mails in steamships by sea besteamships, by sea, between any of the ports in the United States; and tween ports of the that the sea-service already performed by his order on the Atlantic coast United States, and Gulf of Mexico be paid for out of any moneys appropriated for the service of the post-office department. Also for such service already Appropriation performed upon the Pacific coast a sum not exceeding fifteen hundred for Pacific coast. dollars, to be paid for out of any moneys appropriated for the service of the post-office department. United States the mail; SEC. 6. And be it further enacted, That if any person or persons shall Penalty for paint, print, post, or in any other manner place upon, or attach to, any placing words steamboat or other vessel, or any stage-coach or other vehicle, which mail," &c. on a steamboat or other vessel, or stage-coach or other vehicle, is not actually coach or vessel used in carrying the mails of the United States, the words "United not used to carry States mail," or any other words, letters or characters of like import; or if any person or persons shall give notice, either by publishing in any for advertising newspaper or otherwise, that any steamboat or other vessel, or any stage- such coach or vescoach or other vehicle, is used in carrying the mails of the United States, when the same is not actually so used, every person so offending or wilfully aiding or abetting therein, shall, on conviction thereof in any court of competent jurisdiction, be fined in any sum not less than one hundred nor more than five hundred dollars for every such offence; one half for the use of the United States and the other half to the use of the person informing and prosecuting for the same. sel. Part of act of SEC. 7. And be it further enacted, That the Postmaster-General be, and he is hereby, authorized and empowered to suspend the operation of 1852, ch. 113,4 8, may be susso much of the eighth section of the act of the thirty-first of August, pended. eighteen hundred and fifty-two, as authorizes the conveyance of letters Vol. x. p. 141. otherwise than in the mails on any such mail routes as in his opinion the public interest may require. APPROVED, March 25, 1864. CHAP. XLI.-An Act to authorize the President to negotiate a Treaty with the Klamath, March 25, 1864 Modoc, and other Indian tribes in Southeastern Oregon. Treaties with Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President be, 'and he Indians in southhereby is, authorized to conclude a treaty with the Klamath, Modoc, and eastern Oregon. Snake Indians in southeastern Oregon for the purchase of the coun try occupied by them. SEC. 2. And be it further enacted, That for the purpose of carrying out the provisions of this act the sum of twenty thousand dollars be, and Appropriation. the same is hereby, appropriated from any money in the treasury not otherwise appropriated, to be expended under the direction of the Secretary of the Interior. APPROVED, March 25, 1864. CHAP. XLII. - An Act to carry into Effect the Convention with Ecuador for the mutual March 28, 1864. Adjustment of Claims. Pay of commissioner under convention with Be it enacted by the Senate and House of Representatives of the Pay, if minister resident at Ecuador is ap sioner. ment of claims, signed at Quito, on the twenty-fifth day of November, eighteen hundred and sixty-two, the commissioner to be appointed by the President of the United States, by and with the advice and consent of the Senate, shall be allowed a compensation, in full for his services, of three thousand dollars, and ten dollars a day in commutation of travelling expenses for the time actually and necessarily occupied in going from the place of his residence to Guayaquil and returning to his home after the termination of his duties. SEC. 2. And be it further enacted, That if the President shall elect to appoint the minister resident of the United States in Ecuador to perform pointed commis- the duties of commissioner under the convention aforesaid, said minister shall receive a compensation for his services of fifty per centum of the sum hereinbefore mentioned, pursuant to the provisions of the ninth section of the act of August eighteenth, eighteen hundred and fifty-six, “to regulate the diplomatic and consular systems of the United States." 1856, ch. 127, § 9. Vol. xi. p. 56. of umpire. SEC. 3. And be it further enacted, That the President be, and hereby Contingent ex- is, authorized to make such provision for the contingent expenses of the penses and those commission under the said convention, including the moiety of the United States for the compensation of the umpire, and of the secretary who may be chosen by the commissioners, pursuant to the provisions of the convention, as he shall deem just and proper. SEC. 4. And be it further enacted, That such sums of money as may Appropriation. be necessary to carry out the provisions of this act be, and they are hereby, appropriated out of any money in the treasury not otherwise appropriated. April 1, 1864. APPROVED, March 28, 1864. CHAP. XLV. An Act making Appropriations for the Support of the Military Academy for the Year ending June thirtieth, eighteen hundred and sixty-five. Be it enacted by the Senate and House of Representatives of the Military Acade- United States of America in Congress assembled, That the following my appropria tion. sums be, and the same are hereby, appropriated, out of any money in the treasury not otherwise appropriated, for the support of the military academy for the year ending the thirtieth of June, eighteen hundred and sixty-five: For pay of officers, instructors, cadets, and musicians, one hundred and seventeen thousand one hundred and seventy-six dollars. For commutation of subsistence, four thousand one hundred and sixtyone dollars. For pay in lieu of clothing to officers' servants, sixty dollars. For current and ordinary expenses, as follows: repairs and improvements, fuel and apparatus, forage, postage, telegrams, stationery, transportation, printing, clerks, miscellaneous and incidental expenses, and departments of instruction, forty-one thousand two hundred and eighty dollars. For gradual increase and expense of library, one thousand dollars. For forage for artillery and cavalry horses, eight thousand six hundred and forty dollars. For supplying horses for artillery and cavalry exercise, one thousand dollars. For repairs of officers' quarters, one thousand five hundred dollars. For rebuilding public wharf and opening approach to the same from the south, six thousand dollars. Construction of SEC. 2. And be it further enacted, That the thirty-fifth section of the act entitled “An act for enrolling and calling out the national forces, and for act of 1863, ch. 75, § 35. other purposes," approved March three, eighteen hundred and and Vol. xii. p. 736. sixty-three, shall not be deemed hereafter to prohibit the payment to enlisted men employed at the military academy of the extra-duty pay heretofore allowed by law to enlisted men when employed at constant labor for not less than ten days continuously. SEC. 3. And be it further enacted, That from and after the first day of July, eighteen hundred and sixty-three, the annual pay of cadets at the military academy at West Point shall be the same as that allowed to midshipmen at the naval academy, and the amount necessary for that purpose is hereby appropriated. Pay of cadets, appropria and tion. Cadets found SEC. 4. And be it further enacted, That cadets found deficient at any deficient at examexamination shall not be continued at the military academy, or be re- ination. [Repealed. Post, p. appointed except upon the recommendation of the academic board. 467.] SEC. 5. And be it further enacted, That no part of the money hereby Appropriation appropriated shall be applied to the support or pay of any cadets here- to apply only to cadets regularly after appointed not in conformity with the express provisions of law regu- appointed. lating appointments of cadets at that academy. APPROVED, April 1, 1864. CHAP. XLVI. - An Act to increase the Pension of the Revolutionary Pensioners now on the Rolls of the Pension Office. April 1, 1864. Pension to sur the Revolution. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there shall be paid, out of any money in the treasury not otherwise appropriated, the sum of one viving soldiers of hundred dollars per annum to each of the surviving soldiers of the Revolution, now on the pension rolls, during their natural lives, in addition to the pensions to which they are now entitled under former acts of Congress; said payment to date from, and commence on, the first day of January, eighteen hundred and sixty-four, and to cease at their death. APPROVED, April 1, 1864. CHAP. XLVII. - An Act relating to Acting Assistant Paymasters in the Navy, and regu- April 1, 1864. lating the Appointment of Cadets in the Naval Academy. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That whenever the President Appointment of the United States shall nominate any acting assistant paymaster in the of acting assist ant paymasters volunteer naval service, on account of his faithful, diligent, and efficient in the navy. discharge of duty in the volunteer service, to be an assistant paymaster in the navy, it shall be no objection to his appointment and confirmation that he is over twenty-six years of age: Provided, That he be not over thirty years of age: And provided, further, That the number of paymasters and assistant paymasters, as authorized by law, be not increased thereby. Age. Number. Age of stu SEC. 2. And be it further enacted, That the students of the naval academy, when examined for admission thereto, shall be between the dents at naval ages of fourteen and eighteen years. APPROVED, April 1, 1864. CHAP. XLVIII.-An Act to provide for the better Organization of Indian Affairs in California. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, from and after the first day of April, anno Domini eighteen hundred and sixty-four, the state of California shall, for Indian purposes, constitute one superintendency, for which there shall be appointed by the President of the United States, by and with the advice and consent of the Senate, a superintendent of Indian academy. April 8, 1864. 1865, ch. 122. Post, p. 538. California to constitute one Indian superintendency. Superintendent, salary, bond, oath of office. affairs for said superintendency, at a salary of three thousand six hundred dollars per annum, who shall reside at a point within said state, to be selected by the Secretary of the Interior, and who, upon executing a bond, upon such terms and such sum as may be prescribed by the Secretary of the Interior, and taking the usual oath of office, shall have under his control and management, in like manner and subject to like rules and regulations as are prescribed for superintendents of other superintendencies, the Indians and Indian reservations that are or may hereafter be established in said state: Provided, That the superintendent shall be Clerk, salary. authorized to appoint a clerk, at a compensation not to exceed eighteen hundred dollars per annum. tions in Califor nia. Location. Proviso. SEC. 2. And be it further enacted, That there shall be set apart by the Indian reserva- President, and at his discretion, not exceeding four tracts of land, within the limits of said state, to be retained by the United States for the purposes of Indian reservations, which shall be of suitable extent for the accommodation of the Indians of said state, and shall be located as remote from white settlements as may be found practicable, having due regard to their adaptation to the purposes for which they are intended: Provided, That at least one of said tracts shall be located in what has heretofore been known as the northern district: And provided, further, That if it shall be found impracticable to establish the reservations herein conteniImprovements plated without embracing improvements made within their limits by white persons lawfully there, the Secretary of the Interior is hereby authorized and empowered to contract for the purchase of such improvements, at a price not exceeding a fair valuation thereof, to be made under his direction. But no such contract shall be valid, nor any money paid thereon, until, upon a report of said contract and of said valuation to Congress, the same shall be approved and the money appropriated by law for that pur Tracts may or pose: And provided, further, That said tracts to be set apart as aforesaid may not include may, or may not, as in the discretion of the President may be deemed for present reservations. the best interests of the Indians to be provided for, include any of the Indian reservations heretofore set apart in said state, and that in case any such reservation is so included, the same may be enlarged to such an extent as in the opinion of the President may be necessary, in order to its complete adaptation to the purposes for which it is intended. in such locations to be purchased, after report to Congress. Reservations not retained to be surveyed and offered for sale. SEC. 3. And be it further enacted, That the several Indian reservations in California which shall not be retained for the purposes of Indian reser. vations under the provisions of the preceding section of this act, shall, by the commissioner of the general land-office, under the direction of the Secretary of the Interior, be surveyed into lots or parcels of suitable size, and as far as practicable in conformity to the surveys of the public lands, which said lots shall, under his direction, be appraised by disinterested persons at their cash value, and shall thereupon, after due advertisement, as now provided by law in case of other public lands, be offered for sale at public outcry, and thence afterward shall be held subject to sale at private entry, according to such regulations as the Secretary of the Interior Minimum price. may prescribe: Provided, That no lot shall be disposed of at less than the appraised value, nor at less than one dollar and twenty-five cents per acre: And provided, further, That said sale shall be conducted by the register and receiver of the land-office in the district in which such reservation or reservations may be situated, in accordance with the instructions of the department regulating the sale of public lands. Sale, how conducted. reservation. SEC. 4. And be it further enacted, That the President of the United Agent for each States be, and he is hereby, authorized, by and with the advice and consent of the Senate, to appoint an Indian agent for each of the reservations which shall be established under the provisions of this act, which said Residence, du- agent shall reside upon the reservation for which he shall be appointed, and shall discharge all the duties now or hereafter to be required of Indian agents by law, or by rules and regulations adopted, or to be ties. |