lars be appropriated for that purpose out of any money in the Treasury not otherwise appropriated.

APPROVED, July 9, 1838.

RESOLUTIONS.

March 19, 1838. No. 1. Joint Resolution, authorizing the Commissioner of the Public Buildings to cause the removal of the walls of the late Post Office Building.

The walls of the late Post Office building to be taken down, &c.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the Commissioner of the Public Buildings be, and he hereby is, authorized and directed to cause the walls of the late Post Office building to be taken down, and the materials secured for use in the construction of any of the public buildings authorized by law, and to which they may be advantageously Expenses, how applied; and to defray the expenses of the work, he be authorized to paid. apply any unexpended balances of appropriations in his hands, but not exceeding in amount the sum of five hundred dollars.' APPROVED, March 19, 1838.

April 4, 1838.

Appropriation for the purchase

of a site for a fort.

May 31, 1838.

No difference

to be made between the differ

ent branches of the revenue, as to the money of

payment.

No. 2. A Resolution to authorize the Secretary of War to purchase a site for a fort at or near the western boundary of Arkansas.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That out of the appropriation of fifty thousand dollars, made in the year eighteen hundred and thirty-six, to remove the United States troops from Fort Gibson, the Secretary of War be authorized and directed to take a sum not exceeding fifteen thousand dollars to purchase for the United States a site for a fort at or near the western boundary of Arkansas.

APPROVED, April 4, 1838.

No. 4. A Resolution relating to the public revenue and dues to the Government. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That it shall not be lawful for the Secretary of the Treasury to make or to continue in force, any general order, which shall create any difference between the different branches of revenue, as to the money or medium of payment, in which debts or dues, accruing to the United States, may be paid.

APPROVED, May 31, 1838.

June 12, 1838. No. 5. A Resolution to disapprove and disaffirm an act of the Legislative Council of the Wisconsin Territory chartering a bank.

Congress dissent from, disapprove, and

disaffirm the act of the Legisla tive Council of Wisconsin, in

corporating the State Bank of Wisconsin.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That Congress do, hereby, dissent from, disapprove, and disaffirm the act of the Legislative Council of Wisconsin, entitled “ An act to incorporate the stockholders of the State Bank of Wisconsin at Prairie du Chien," a copy of which said act has, during the present session of Congress, been presented for its action, and for confirmation or disapproval; and the said act of the Legislative Council of the said Territory is hereby declared to be null and void, and to have no force or effect whatsoever as a law of the said Territory.

APPROVED, June 12, 1838.

No. 6. Joint Resolution in favor of the authorities of the city of Savannah, in the State of Georgia.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the authorities of the city of Savannah, in the State of Georgia, be, and they are hereby, authorized to reopen Reynolds and Wright streets, where they were closed by the works of Fort Wayne; and, also, to continue Bay street through the lands belonging to the United States in said city, and which form the site of Fort Wayne.

APPROVED, June 18, 1838.

No. 7. A Resolution for the benefit of the widows of certain revolutionary officers and soldiers.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the benefits of the third section of an act entitled "An act granting half pay to widows or orphans where their husbands and fathers have died of wounds received in the military service of the United States in certain cases, and for other purposes," approved the fourth day of July, eighteen hundred and thirty-six, shall not be withheld from any widow whose husband has died since the passage of the said act, or who shall hereafter die, if said widow shall otherwise be entitled to the same.

APPROVED, July 7, 1838.

Dec. 22, 1838. [Obsolete.]

ACTS OF THE TWENTY-FIFTH CONGRESS

OF THE

UNITED STATES,

Passed at the third session, which was begun and held at the City of Washington, in the district of Columbia, on Monday, the 3d day of December, 1838, and ended the 3d day of March, 1839.

MARTIN VAN BUREN, President. RICHARD M. JOHNSON, Vice President of the United States, and President of the Senate. JAMES K. POLK, Speaker of the House of Representatives.

STATUTE III.

CHAP. I.—An Act making appropriations, in part, for the support of Government, for the years eighteen hundred and thirty-eight and eighteen hundred and thirtynine.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following Appropriations. sums be, and the same are hereby, appropriated, to be paid out of any unappropriated money in the Treasury, viz:

Pay and mileage of members of Congress.

Pay of officers of Congress.

Cont. exp. of Senate.

Cont. exp. of House of Representatives.

STATUTE III.

Jan. 11, 1839.

Act of May 18, 1842, ch. 29.

For pay and mileage of members of Congress and Delegates, three hundred and seventy thousand nine hundred and forty-four dollars; For pay of the officers and clerks of the Senate and House of Representatives, forty-three thousand four hundred dollars;

For stationery, fuel, printing, and all other incidental and contingent expenses of the Senate, thirty-five thousand dollars;

For stationery, fuel, printing, and all other incidental and contingent expenses of the House of Representatives, one hundred thousand dollars.

The said two sums last mentioned to be applied to the payment of the ordinary expenditures of the Senate and House of Representatives severally, and to no other purpose.

APPROVED, December 22, 1838.

CHAP. II-An Act to provide for carrying into effect the convention between the United States of America and the Republic of Texas for marking the boundary between them. (a)

Be it enacted by the Senate and House of Representatives of the Commissioner United States of America in Congress assembled, That the commisand surveyor, how appointed. sioner and surveyor to be appointed on the part of the United States, according to the first article of the convention between the United States of America and the Republic of Texas for marking the boundary between them, concluded April twenty-fifth, eighteen hundred and thirtyeight, be severally appointed by the President of the United States, by and with the consent of the Senate, together with a clerk to the said appointed in the commissioner, to be appointed in the same manner; and that for the purpose of carrying into effect the said first article of said convention,

A clerk to be

same manner.

(a) An act for the relief of persons residing within the reputed limits of the States of Arkansas or Louisiana, and beyond the boundary line between the United States and the republic of Texas, as established by the commissioners appointed to ascertain the same; June 15, 1844, chap. 75. A joint resolution for annexing Texas to the United States, March 1, 1845.

there be appropriated, out of any money in the Treasury not otherwise appropriated, the following sums:

For the salary of the commissioner, two thousand five hundred dollars;

For the salary of the surveyor, two thousand dollars;

For the salary of the clerk, one thousand two hundred dollars: Provided, That the salaries of the said officers shall not commence until they shall be ordered into service.

For other expenses of the survey of boundary required by said convention, including the purchase of instruments, wages to persons employed, and other contingencies, ten thousand dollars.

APPROVED, January 11, 1839.

CHAP. III.-An Act to amend an act entitled "An act to require the judge of the district of East and West Tennessee to hold a court at Jackson, in said State," approved June eighteenth, eighteen hundred and thirty-eight. (a)

Commissioner's salary.

Surveyor's salary. Clerk's salary. Salaries when to commence.

Contingent expenses.

STATUTE III.

Jan. 18, 1839.

Act of June 18, 1838, ch. 118.

District of

see.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That to the counties specified in the first section of the act to which this is an amendment, the coun- West Tennesties of Madison, Henderson, and Weakly, are hereby added to compose the district of West Tennessee, and the residue of the counties of the said State of Tennessee, formerly composing the district of West Tennessee, shall compose one district, to be called the Middle District of Tennessee.

Middle dist.

of Tennessee. The court to

son.

SEC. 2. And be it further enacted, That the court to be held at Jackson, in addition to the ordinary jurisdiction and power of a district court, shall, be held at Jackwithin the limits of its district, have jurisdiction of all causes, except appeals and writs of error, which now are, or hereafter may by law be, made cognizable in a circuit court, and shall proceed therein in the same manner as a circuit court.

SEC. 3. And be it further [enacted,] That the said court shall be held annually on the first Monday in April, at the town of Jackson, in the county of Madison, in said State, and all writs and other process may be returnable to such court on the first Monday in April, and also at rules on the first Monday in October, in the same manner as to the regular sessions of said court; and the said writs and other process may also bear test on the first Monday in October, as though a session of the court was held on that day at Jackson; and writs and other process issued previously to the first Monday in April next may bear test as on the first Monday in October last.

Said court to

be held annually.

Writs, &c. when and how

returnable.

Duties and lia

bilities of the marshal, &c.

SEC. 4. And be it further enacted, That the marshal appointed by virtue of the act to which this is an amendment, shall execute throughout his district all lawful precepts directed to him, and issued under the authority of the United States, and shall have the same power, perform the same duties, and be under the same liabilities within his district as is conferred by law upon the other marshals of the United States within their respective districts; Provided, That the marshal of the Middle Proviso. District, formerly termed the district of West Tennessee, shall have power and authority to collect the executions issued or to be issued upon judgments and decrees heretofore rendered in the circuit court of the United States, at Nashville, and to serve and execute all process necessary to enforce such judgments, orders, or decrees, as if this act, or the act to which this is an amendment, had not passed; and all writs of scire facias and other process upon the said judgments and decrees, or upon suits now pending in said circuit court, at Nashville, shall also be

(a) Circuit courts in Tennessee, vol. 2, pages 420, 477, 516, 693; act of March 3, 1839, chap. 80, sec. 2; act of July 4, 1840, chap. 4, sec. 3; act of April 14, 1842, chap. 20; act of May 18, 1842, chap. 30; act of March 3, 1843, chap. 74.

VOL. V.-40

2 B

An additional

term of Middle Dist. to be held,

&c.

Rules of U. S.

issued from said circuit court and returned to the same, to be proceeded in as would have been done before the passage of said act to which this is an amendment.

SEC. 5. And be it further enacted, That there shall be an additional term of the circuit court for the Middle District held at Nashville, in each year, on the first Monday of March, which shall be held by the district judge of the United States for the State of Tennessee, and should any question of law be raised in any cause, the said district judge may, at his discretion, adjourn the cause to the succeeding term of the circuit court.

SEC. 6. And be it further enacted, That the rules of the circuit courts circuit courts in of the United States in West Tennessee, heretofore adopted, shall be in W. Tennessee full force and effect in the court established by this act, and the act to which this is an amendment, until the same are altered by law or by the tablished by this judges of said court.

to be enforced

in the court es

act, &c.

Suits, not of a local nature, to be brought in the court of the

SEC. 7. And be it further enacted, That all suits hereafter to be brought in either of the courts of the United States in the State of Tennessee, not of a local nature, shall be brought in the court of the dist. where the district where the defendant resides or may be found at the time of the

defendant resides, &c.

A special term of the U. S. cir

cuit court for the dist. of E. Tennessee to be held, &c.

Whenever there is a dangerous and general disease at the place where the court is usually holden, the court may adjourn, &c.

STATUTE III.

Jan. 25, 1839.

Act of March 3, 1845, ch. 48, sec. 19.

Allowance to railroad companies for carrying mails, under act July 7, 1838, ch. 172, sec. 2.

service of the writ; but if there be more than one defendant, and they reside in different districts, the plaintiff may sue in either, and send a duplicate writ against the defendant, directed to the marshal of the other district, on which the plaintiff or his attorney shall endorse, that the writ thus sent is a copy of the writ sued out of the circuit or district court of the proper district; and the said writs, when executed and returned into the office from which they issued, shall constitute one suit, and be proceeded in accordingly; and executions may issue thereon to the marshals of either district where the defendant or defendants may reside, or their or either of their property may be situated.

SEC. 8. And be it further enacted, That there shall be held at Knoxville, on the third Monday of April next, a special term of the circuit court of the United States for the District of East Tennessee, by the district judge of said district, at which term shall be heard and tried all issues and matters cognizable at the regular term of said court.

SEC. 9. And be it further enacted, That the judges or some one of them, of the circuit courts of the United States, shall have power to direct said courts to be adjourned over, to some future day, designated in a written order to the clerk of either of said courts, whenever there is a dangerous and general disease at the place where said court is usually holden; and the adjournment over, by the clerk, in the absence of the judges, shall have the same force and effect as if the judges had been present.

APPROVED, January 18, 1839.

CHAP. IV.-An Act further to regulate the transportation of the mail upon railroads.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Postmaster General shall not, by virtue of the authority vested in him by the second section of the "Act to establish certain post routes and to discontinue others," approved July seventh, eighteen hundred and thirty-eight, allow more than three hundred dollars per mile per annum to any railroad company in the United States for the conveyance of one or more daily mails upon their roads: Provided, That nothing in this act contained shall be construed so as in any way to remove or impair the limitations upon the power of the Postmaster General imposed by that section. APPROVED, January 25, 1839.