Blacksmith's

shop, &c., at Watertown, Mass.

Copper rifle

flasks.

Money to be

paid on the requisition of the Secretary of War.

Pay, &c., of Tennessee volunteers.

Proviso.

Act of May

23, 1836, ch. 80.

Pay, &c., of Tennessee volunteers.

Pay, &c., of Tennessee volunteers.

Liabilities in

For a blacksmith's shop, a reservoir, and a gun-carriage house at Watertown, Massachusetts, twenty-three thousand one hundred dollars: For the purchase of ten thousand copper rifle flasks, seventeen thousand dollars.

SEC. 2. And be it further enacted, That the following sums of money be paid, out of any money in the Treasury not otherwise appropriated, on the requisition of the Secretary of War, and, so far as shall be necessary, the same shall be expended for the following purposes, to wit:

For the pay, travelling, clothing for six months, and other legal expenses of the Tennessee volunteers, mustered into the service of the 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 direction of the President of the United States, one hundred thousand dollars: 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 twenty-third, one thousand eight hundred and thirty-six, shall not be paid for clothing out of the aforesaid appropriation:

For pay, travelling, clothing, and other legal expenses of the Tennessee volunteers, mustered into the service of the United States under 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 thousand dollars:

For pay, travelling, clothing, and other legal expenses of the Tennessee volunteers, mustered into the service of the United States under 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:

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:

Governor of
Tennessee.

Pay due Exe- For pay due the Executive staff of the Governor of Tennessee, while cutive staff of actually engaged in obtaining, organizing, mustering, or marching 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.

SEC. 3. And be it further enacted, That the Secretary at War be and he hereby is directed to cause to be paid to the volunteers and militia of Kentucky, Tennessee, Alabama, and Mississippi, including the companies in Mississippi, mustered into the service, who were duly called into service, and whose service was accepted by the Executives 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 Lad 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 hundred and fifty dollars be appropriated for paying the Rifle Rangers, Coosada volunteers, and the Independence Blues, under the command

of Major Holt, and for the payment of Major Holt and battalion staff or so much of said sum as may be necessary for those purposes be 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 dollars be and the same is hereby appropriated for arming and equipping the militia of the United States, in addition to the appropriations heretofore made for that purpose.

SEC. 6. And be it further enacted, That for paying the claims of the State of Connecticut for the services of her militia during the late war, to be audited and settled by the proper accounting officers of the Treasury, under the superintendence of the Secretary of War, in the 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 North Carolina for the services of her militia during the late war with Great Britain, in the cases enumerated in the act approved the thirtyfirst May, eighteen hundred and thirty, entitled "An act to authorize 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 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.

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.

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:

For pay of the officers, cadets and musicians, fifty-six thousand and twelve dollars;

For subsistence of officers and cadets, thirty-nine thousand five hundred and sixty-six dollars;

For forage of officers' horses, one thousand one hundred and fifty-two dollars;

For clothing of officers' servants, three hundred and thirty dollars; For defraying the expenses of the board of visiters at West Point, two thousand and seven dollars and eighty-four cents;

For fuel, stationery, printing, transportation and postage, eight thousand dollars;

For repairs, improvements, and expenses of buildings, grounds, roads, wharves, boats and fences, ten thousand one hundred and seventy-eight dollars and twenty-five cents;

For pay of adjutant's and quartermaster's clerks, nine hundred and fifty dollars;

[Obsolete.]

Pay of officers, cadets and mu

sicians. Subsistence of officers and cadets.

Forage of offi. cers' horses. Clothing of officers' ser

vants.

Board of visit

ers.

Fuel, station

ery, &c.

Repairs and &c.

improvements,

Pay of adjutant's and quar termaster's clerks.

For philosophical apparatus, and repairs of the same, three hundred dollars;

For models for the department of engineering, three hundred dollars; For models for the drawing department, apparatus and contingencies of the department of chemistry, and instruments and repairs for the mathematical department, eight hundred and fifty dollars;

For incidental expenses of the department of artillery, three hundred dollars;

For increase and expenses of the library, six hundred dollars; For miscellaneous items and incidental expenses, one thousand seven hundred and seventy-seven dollars and fifty cents;

For completing the chapel, one thousand two hundred and fifty-three dollars and thirty-five cents;

For the erection of a suitable building to contain the public stores, one thousand five hundred dollars;

For the preparation of a yard and construction of permanent shops suitable for carpenters, painters, blacksmiths, and so forth, and for the safe-keeping of implements and materials, eight thousand dollars;

For the erection, as per plan, of a building for recitation and military exercises, in addition to amount heretofore appropriated, thirty thousand dollars;

For the erection of new barracks, for the Military Academy department, to consist of eight buildings, at five hundred dollars each, four thousand dollars;

For grading the grounds about the exercise hall, and removing temporary buildings, three hundred and fifty dollars;

For compensation to the acting professor of chemistry, mineralogy, and geology, at the Military Academy, between the first of September 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;

For a painting-room for the professor of drawing, eight hundred dollars.

APPROVED, March 2, 1837.

March 2, 1837. CHAP. XIX.—An Act respecting discriminating duties upon Dutch and Belgian vessels and their cargoes. (a)

ties to be levied on Belgian vessels and their cargoes as are now levied on Dutch vessels and their cargoes.

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 be levied and collected in the ports of the United States, on Belgian vessels and their cargoes, which are now levied and collected on Dutch vessels and their cargoes; but nothing in this act contained shall be construed to prevent the President of the United States from enforcing, whensoever he may deem proper, both against Dutch and Belgian vessels, 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.

STATUTE II.

March 2, 1837. [Obsolete.]

APPROVED, March 2, 1837.

CHAP. XX.-An Act making an additional appropriation for the suppression of Indian hostilities, for the year one thousand eight hundred and thirty-seven. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the further sum 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.

$2,000,000 appropriated.

out of any money in the Treasury not otherwise appropriated, to defray any expenses which have been, or may be incurred, in preventing or suppressing the hostilities of any Indians; to be expended under the direction of the Secretary of War, conformably to the acts of Congress of the 19th of March, and the second of July last, and of the acts therein referred to.

APPROVED, March 2, 1837.

How to be ex

pended.

STATUTE II.

CHAP. XXI.—An Act to provide for the enlistment of boys for the naval service, March 2, 1837. and to extend the term of the enlistment of seamen.

Boys may be enlisted.

Other persons

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That it shall be lawful to enlist boys for the navy, with the consent of their parents or guardians, 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 lawful to enlist other persons for the navy, to serve for a period not exceeding five years, unless sooner discharged by direction of the may be enlisted President of the United States; and so much of an act entitled "An act to amend the act entitled' An act to amend the act authorizing the employment of an additional naval force,'" approved fifteenth May, one thousand eight hundred and twenty, as is inconsistent with the provisions of this act, shall be, and is hereby, repealed.

SEC. 2. And be it further enacted, That when the time of service of any person enlisted for the navy, shall expire, while he is on board any of the public vessels of the United States, employed on foreign service, it shall be the duty of the commanding officer of the fleet, squadron, or vessel, in which such person may be, to send him to the United States 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.

for five years.
So much of

act 15th May,
1820, ch. 131,

as is inconsistent with this act, repealed. Any person whose time exforeign service, pires while on to be sent to U.

States, &c.

Persons de

tained to be

&c., of navy.

Those who

SEC. 3. And be it further enacted, That such persons as may be detained after the expiration of their enlistment, under the next preceding section of this act, shall be subject, in all respects, to the laws subject to laws, 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 such as shall voluntarily re-enlist to serve until the return of the vessel re-enlist to rein which they shall be serving, and their regular discharge therefrom in the United States, shall, while so detained and while so serving under their re-enlistment, receive an addition of one-fourth to their former pay.

APPROVED, March 2, 1837.

CHAP. XXII.—An Act concerning Pilots. (a)

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That it shall and may

ceive additional pay.

STATUTE II. March 2, 1837.

Upon waters 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, blew a violent gale from the northwest, both anchors parted, and the Hope was driven on a VOL, V.-20

States, pilots licensed by either may be employed.

boundary of two be lawful for the master or commander of any vessel coming into or going out of any port situate upon waters, which are the boundary between two States, to employ any pilot duly licensed or authorized by 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.

STATUTE II.

APPROVED, March 2, 1837.

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.

Extended for three years. Act of March

2, 1831, ch. 62. Act of July 14, 1832, ch. 230.

Act of June 7,

1834, ch. 45.

Application.

STATUTE II.

Persons entitled to allot

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the act entitled "An act for the relief of certain insolvent debtors of the United States," passed on the second day of March, one thousand eight hundred and thirty-one, and an act in addition thereto, passed on the fourteenth day of July, one thousand eight hundred and thirty-two, and an act to revive and amend the said acts, passed on the seventh day of June, one thousand eight hundred and thirty-four, be, and the same are hereby extended and continued in force for three years from and after the passage of this act.

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.

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. Be it enacted by the Senate and House of Representatives of the 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 deserted 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 services, 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 services 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. Hobart 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 gallantry 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 duty, 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 to 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 the 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 court in the case of the Thomas Jefferson, 10 Wheaton's Rep. 428, and Peyroux v. Howard, 6 Peters' Rep. 682. Ibid.