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For a blacksmith's shop, a reservoir, and a gun-carriage house at shop, &c., at Watertown,
Watertown, Massachusetts, twenty-three thousand one hundred dollars : Mass.
For the purchase of ten thousand copper rifle flasks, seventeen thouCopper rifle sand dollars. flasks.
Sec. 2. And be it further enacted, That the following sums of money Money to be paid on the re- be paid, out of any money in the Treasury not otherwise appropriated, quisition of the on the requisition of the Secretary of War, and, so far as shall be Secretary of
necessary, the same shall be expended for the following purposes, to
wit: Pay, &c., of For the pay, travelling, clothing for six months, and other legal exTennessee vo- penses of-the Tennessee volunteers, mustered into the service of the lunteers.
United States under the requisition of General Gaines, under date of April eighth, one thousand eight hundred and thirty-six, and the proclamation of Governor Cannon of twenty-eighth of the same month, and approved by the Secretary of War on the ninth of May, by direc
tion of the President of the United States, one hundred thousand dolProviso. lars: Provided, That such of said volunteers as volunteered under the
proclamation of Governor Cannon of the sixth of June or twentieth of July one thousand eight hundred and thirty-six, and were mustered into
the service of the United States, and are entitled to clothing under the Act of May act of May twenty-third, one thousand eight hundred and thirty-six, 23, 1836, ch.80. shall not be paid for clothing out of the aforesaid appropriation :
Pay, &c., of For pay, travelling, clothing, and other legal expenses of the TenTennessee vo- nessee volunteers, mustered into the service of the United States under lunteers.
the order of the Secretary of War of May twenty-fifth, one thousand eight hundred and thirty-six, and Governor Cannon's proclamation of June sixth, one thousand eight hundred and thirty-six, ninety-five thou
sand dollars : Pay, &c., of For pay, travelling, clothing, and other legal expenses of the TenTennessee vo- nessee volunteers, mustered into the service of the United States under lunteers.
General Gaines's requisition, under date of June twenty-eighth, one thousand eight hundred and thirty-six, and Governor Cannon's proclamation of July twentieth, one thousand eight hundred and thirty-six,
thirty-five thousand three hundred and ten dollars : Liabilities in
For the liabilities incurred by Governor Cannon in raising money; so curred by Gov. far as said money has been properly expended in the service of the UniCannon.
ted States, on account of the aforesaid volunteers, thirteen thousand
five hundred dollars : Pay due Fxe. For pay due the Executive staff of the Governor of Tennessee, while cutive staff of actually engaged in obtaining, organizing, mustering, or marching Governor of Tennessce.
volunteers, during the year one thousand eight hundred and thirty-six, to the places of their rendezvous, or making returns of said volunteers,
three thousand dollars. One month's Sec. 3. And be it further enacted, That the Secretary at War be pay, &c., to vo- and he hereby is directed to cause to be paid to the volunteers and militia of Ken. militia of Kentucky, Tennessee, Alabama, and Mississippi, including tucky, Tennes. the companies in Mississippi, mustered into the service, who were duly see, Alabama,
called into service, and whose service was accepted by the Execu ves and Mississippi, of the States respectively, during the summer of the year one thousand
eight hundred and thirty-six, under requisitions from the Secretary at War or from generals commanding the troops of the United States, and who were discharged before marching, the amount of one month's pay, with all the allowances to which they would have been entitled if they had been in actual service during the period of one month; and that the same be paid out of any money in the Treasury not otherwise appropriated.
Sec. 4. And be it further enacted, That eleven thousand six hunPay to the Rifle Rangers,
dred and fifty dollars be appropriated for paying the Rifle Rangers, Coosada volun. Coosada volunteers, and the Independence Blues, under the command
of Major Holt, and for the payment of Major Holt and battalion staff teers, and Inde. or so much of said sum as may be necessary for those purposes be pendence
Blues, &c. appropriated and paid on the presentation of the rolls of said companies and battalion staff to the Paymaster General, with evidence of the time they were in the service against the Creek Indians in the months of May and June, eighteen hundred and thirty-six. Sec. 5. And be it further enacted, That one hundred thousand dol
Arming and lars be and the same is hereby appropriated for arming and equipping equipping milithe militia of the United States, in addition to the appropriations here- tia U. s. tofore made for that purpose.
Sec. 6. And be it further enacted, That for paying the claims of Paying claims the State of Connecticut for the services of her militia during the late of Connecticut war, to be audited and settled by the proper accounting officers of the her militia duTreasury, under the superintendence of the Secretary of War, in the ring late war. following cases; first where the militia of the said State were called out to repel actual invasion, or under a well founded apprehension of invasion; provided their numbers were not in undue proportion to the exigency; secondly, where they were called out by the authority of the State and afterwards recognised by the Federal Government; and thirdly, where they were called out by, and served under the requisition of the President of the United States, or of any officer thereof, the sum of one hundred thousand dollars, if so much be necessary for that purpose, be and the same is hereby appropriated.
Sec. 7. And be it further enacted, That to pay all the claims of To pay claims North Carolina for the services of her militia during the late war with of Norih CaroGreat Britain, in the cases enumerated in the act approved the thirty- of her militra first May, eighteen hundred and thirty, entitled “ An act to authorize during late war, the payment of the claims of the State of Massachusetts for certain services of her militia during the late war," and also the claims of said 1830, ch. 234. State, for disbursements in the purchase of munitions or other supplies on account of the war, and expended therein, the sum of thirty thousand dollars, be and the same is hereby appropriated. APPROVED, March 1, 1837.
STATUTE II. CHAP. XVIII.-An Act to provide for the support of the Military Academy of the March 2, 1837. United States, for the year eighteen hundred and thirty-seven.
(Obsolete.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums be, and the same are hereby, appropriated, to be paid out of any money in the Treasury not otherwise appropriated, for the support of the Military Academy for the year one thousand eight hundred and thirty-seven; to wit:
of For pay of the officers, cadets and musicians, fifty-six thousand and cadets and mu: twelve dollars;
Subsistence For subsistence of officers and cadets, thirty-nine thousand five hun
of officers and dred and sixty-six dollars;
cadets. For forage of officers' horses, one thousand one hundred and fifty-two Forage of offi. dollars;
Clothing of For clothing of officers' servants, three hundred and thirty dollars ;
officers' serFor defraying the expenses of the board of visiters at West Point, vants. two thousand and seven dollars and eighty-four cents;
Board of visit. For fuel, stationery, printing, transportation and postage, eight thou- Fuel, stationsand dollars;
ery, &c. For repairs, improvements, and expenses of buildings, grounds, roads,
improvements, wharves, boats and fences, ten thousand one hundred and seventy-eight &c. dollars and twenty-five cents;
Pay of adju
tant's and quar For pay of adjutant's and quartermaster's clerks, nine hundred and fifty dollars;
Philosophical For philosophical apparatus, and repairs of the same, three hundred apparatus,
dollars; Department For models for the department of engineering, three hundred dollars; of engineering.
For models for the drawing department, apparatus and contingencies Departments of drawing,
of the department of chemistry, and instruments and repairs for the chemistry, and mathematical department, eight hundred and fifty dollars; mathematics.
For incidental expenses of the department of artillery, three hundred Department of artillery.
dollars; Library. For increase and expenses of the library, six hundred dollars; Miscellaneous. For miscellaneous items and incidental expenses, one thousand seven
hundred and seventy-seven dollars and fifty cents; Completing For completing the chapel, one thousand two hundred and fifty-three the chapel. dollars and thirty-five cents; A building for For the erection of a suitable building to contain the public stores, the public one thousand five hundred dollars; Construction
For the preparation of a yard and construction of permanent shops of workshops, suitable for carpenters, painters, blacksmiths, and so forth, and for the &c.
safe-keeping of implements and materials, eight thousand dollars ; A building for For the erection, as per plan, of a building for recitation and milirecitation, &c.
tary exercises, in addition to amount heretofore appropriated, thirty
thousand dollars; Erection of
For the erection of new barracks, for the Military Academy departnew barracks. ment, to consist of eight buildings, at five hundred dollars each, four
thousand dollars; Grading the For grading the grounds about the exercise hall, and removing temgrounds, &c.
porary buildings, three hundred and fifty dollars; Compensation For compensation to the acting professor of chemistry, mineralogy, to the acting and geology, at the Military Academy, between the first of September professor of chemistry, &c.
one thousand eight hundred and thirty-seven, and the first of September, one thousand eight hundred and thirty-eight, at twenty-five dollars per
month, three hundred dollars; A painting For a painting-room for the professor of drawing, eight hundred
APPROVED, March 2, 1837.
*vessels and their cargoes. (a) Be it enacted by the Senate and House of Representatives of the United The same du; States of America in Congress assembled, That the same duties shall ties to be levied be levied and collected in the ports of the United States, on Belgian on Belgian vessels and their vessels and their cargoes, which are now levied and collected on Dutch cargoes as are
vessels and their cargoes; but nothing in this act contained shall be now levied on Dutch vessels
construed to prevent the President of the United States from enforcing, and their car- whensoever he may deem proper, both against Dutch and Belgian vesgoes.
sels, or either of them, and their cargoes, the provisions of the third Act of Jan. 7, section of the act entitled “ An act concerning discriminating duties of 1824, ch. 4.
tonnage and imposts,” approved the seventh day of January, one thousand eight hundred and twenty-four.
APPROVED, March 2, 1837.
Indian hostilities, for the year one thousand eight hundred and thirty-seven. [Obsolete.)
Be it enacted by the Senate and House of Representatives of the $2,000,000 ap
United States of America in Congress assembled, That the further sum propriated. of two millions of dollars shall be, and the same is hereby, appropriated
(a) Notes of the acts which have been passed relating to discriminating duties, vol. 4, 2.
out of any money in the Treasury not othertise appropriated, to defray any expenses which have beeu, or may be incurred, in preventing or suppressing the hostilities of any Indians; to be expended under the How to be exdirection of the Secretary of War, conformably to the acts of Congress pended. of the 19th of March, and the second of July last, and of the acts therein referred to. Approved, March 2, 1837.
STATUTE IL. Chap. XXI.—An Act to provide for the enlistment of boys for the naval service, March 2, 1837.
and to extend the term of ths enlistment of seamen. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That it shall be lawful Boys may be to enlist boys for the navy, with the consent of their parents or guar- enlisted. dians, not being under thirteen, nor over eighteen years of age, to serve until they shall arrive at the age of twenty-one years; and it shall be lawsul to enlist other persons for the navy, to serve for a period not
Other persons exceeding five years, unless sooner discharged by direction of the may be enlisted
for five years. President of the United States; and so much of an act entitled “ An
So much of act to amend the act entitled · An act to amend the act authorizing act 15th May, the employment of an additional naval force,'” approved fifteenth 1820, ch. 131, May, one thousand eight hundred and tiventy, 'as is inconsistent with as is inconsis
tent with this the provisions of this act, shall be, and is hereby, repealed.
act, repealed. Sec. 2. And be it further enacted, That when the time of service of
Any person any person enlisted for the navy, shall expire, while he is on board any whose time exof the public vessels of the United States, employed on foreign service, pires while on it shall be the duty of the commanding officer of the fleet, squadron, or to be sent to U:
, vessel, in which such person may be, to send him to the United States States, &c. in some public or other vessel, unless his detention shall be essential to the public interests, in which case the said officer may detain him until the vessel in which he shall be serving shall return to the United States; and it shall be the duty of said officer, immediately to make report to the Navy Department, of such detention and the causes thereof.
Sec. 3. And be it further enacted, That such persons as may be Persons de. detained after the expiration of their enlistment, under the next pre- tained to be ceding section of this act, shall be subject, in all respects, to the laws subject to laws,
&c., of navy. and regulations for the government of the navy, until their return to the United States, and all such persons as shall be so detained, and all Those who such as shall voluntarily re-enlist to serve until the return of the vessel re-enlist to re.
ceive additional in which they shall be serving, and their regular discharge therefrom
pay. in the United States, shall, while so detained and while so serving under their re-enlistment, receive an addition of one-fourth to their
APPROVED, March 2, 1837.
STATUTE II. Chap. XXII.-An Act concerning Pilots. (a)
March 2, 1837. Be it enacted by the Senate and House of Representatives of the Upon waters United States of America in Congress assembled, That it shall and may which are the
(a) Cases decided in the courts of the United States, as to Pilots and Pilotage.
What a pilot does beyond the limits of his duty, as such, may be the foundation of a claim for salvage ; but not such acts as were within his duties. Hand v. The Elvira, Gilpin's D. C. R. 65.
Where a steamboat was hired for the purpose of towing a vessel, to which she was fastened, and both were under the direction of a licensed pilot, the owner of the steamboat is not entitled to damages on account of injury sustained in the course of navigation, and not caused by negligence of the pilot. Reeves et al. v. The Ship Constitution, Gilpin's D. C. R. 579.
Assisting vessels in distress, beyond what the mere duty of pilot requires, entitles pilots to compensation. Delany, a Pilot v. The Sloop Peragio, Bee's Adm. Rep. 212.
The brig Hope, with a valuable cargo, had been conducted, in the evening, by a pilot inside of Mobile point, where pilots of the outer harbor usually leave vessels which they pilot inside of that bar. The pilot was discharged, and the Hope proceeded up the bay of Mobile. The wind soon after changed, blen a violent gale from the northwest, both anchors paried, and the Hope was driven on a
boundary of two be lawful for the master or commander of any vessel coming into or States, pilots licensed by
going out of any port situate upon waters, which are the boundary either may be between two States, to employ any pilot duly licensed or authorized by employed. the laws of either of the States bounded on the said waters, to pilot
said vessel to or from said port; any law, usage, or custom, to the contrary notwithstanding,
APPROVED, March 2, 1837. STATUTE II. March 2, 1837. CHAP. XXIII. - An Act to extend for a longer period the several acts now in force
for the relief of certain insolvent debtors of the United States.
Be it enacted by the Senate and House of Representatives of the Extended for United States of America in Congress assembled, That the act entitled three years.
“An act for the relief of certain insolvent debtors of the United States," Act of March 2,1831, ch. 62. passed on the second day of March, one thousand eight hundred and
Act of July 14, thirty-one, and an act in addition thereto, passed on the fourteenth day 1832, ch. 230.
of July, one thousand eight hundred and thirty-two, and an act to revive Act of June 7, and amend the said acts, passed on the seventh day of June, one thou1834, ch. 45.
sand eight hundred and thirty-four, be, and the same are hereby extended and continued in force for three years from and after the pas
sage of this act. Application. Sec. 2. And be it further enacted, That the provisions of the said
several acts shall apply to cases of insolvency which shall have accrued [occurred) on or before the first day of January last.
APPROVED, March 2, 1837. STATUTE II. March 2, 1837. Chap. XXV.-An Act to provide for the adjustment of title and final disposition
of the four reserved sections in the tract of country allotted to the Tombecbce
Association for the encouragement of the cultivation of the vine and olive. Persons enti.
Be it enacted by the Senate and House of Representatives of the tled to allot- United States of America in Congress assembled, That all persons who shoal outside of the point, among the east breakers. The gale increased to a hurricane, and forced the vessel on her beam ends, and her masts and bowsprit were cut away. The master and crew de. serted her to save their lives. After various fruitless efforts to save her, the libellants, all pilots of the outer harbor of Mobile, two days after she was stranded, and while yet in great peril, succeeded : and she was brought up to the city of Mobile by them, towed by their pilot boat, assisted by a steamboat employed by them. On a libel for salvage, the district court of the United States for the district of Alabama allowed, as salvage, one-third of 15,299 dollars and 58 cents, the appraised value of the brig and cargo. The owners of the brig and cargo appealed to the supreme court. By the Court-A pilot, while acting within the strict line of his duty, however he may entitle himself to extraordinary pilotage compensation for extraordinary services, as contradistinguished from ordinary pilotage for ordinary ser. vices, cannot be entitled to claim salvage. In this respect he is not distinguished from any other officer, public or private, acting within the appropriate sphere of his duty. But a pilot, as such, is not disabled, in virtue of his office, from becoming a salvor. On the contrary, whenever he performs salvage ser. vices beyond the line of his appropriate duties, or under circumstances to which those duties do not justly attach, he stands in the same relation to the property as any other salvor : that is, with a title to compensation to the extent of the merit of his services, viewed in the light of a liberal public policy. Ho. bart v. Drogan, 10 Peters, 108.
Seamen, in the ordinary course of things, in the performance of their duties, are not allowed to become salvors, whatever may have been the perils, or hardships, or gallautry of their services, in saving the ship and cargo. Extraordinary events may occur, in which their connexion with the ship may be dissolved, de facto, or by operation of law; or they may exceed their proper dury, in which cases they may be permitted to claim as salvors. Ibid.
It is not within the scope of the positive duties of a pilot to go to the rescue of a wrecked vessel, and employ himself in saving her, or her cargo, when she was wholly unnavigable. That is a duty entirely distinct in its nature, and no more belonging to a pilot than it would be io supply such a vessel with masts or sails, or to employ lighters to discharge her cargo in order to float her. It is properly a salvage service, involving duties and responsibilities, for which his employment may peculiarly fit him; but yet in no sense included in the duty of navigating the ship. Ibid.
This was a case where the libellants acted as salvors, and not as pilots. They had, at the time, no particular relation to the distressed ship. They proffered useful services as volunteers, without any preexisting covenant that connected them with ihe duty of employing themselves for her preservation. The duties they undertook were far beyond any belonging to pilots; and precisely those belonging to salvors. Ibid.
Suits for pilotage on the high seas, and on waters navigable from the sea, as far as the tide ebbs and flows, are within the admiralty and maritime jurisdiction of the United States. The service is strictly maritime, and falls within the principles already established by the supreme ourt in the case of the Thomas Jefferson, 10 Wheaton's Rep. 428, and Peyroux v. Howard, 6 Peters' Rep. 682. Ibid.