Huntingdon Journal

              Jtluntinffdon   J ournal.
VOL. 4G.
HTTNTINGDON, PA., JULY 19, 1871.
NO. 28.
United States Laws.
[Publisiicd by Autborlij-.] L A A\  S OF TUE
UNITED STATES
PASSED AT TIIE THIKD SKSilOX OF  THE FORTV-FinSI  COXORKSS.
[(teskhal n.\tluf.—Xu. -54.] AN ACT to iueorporate t'nc Texas I'aeiliu
llailroad Coinpany, and to  aid   in   the
c instruction of its road,   and  for  other
purposes.
Be it enacted by the Senate and House of liepresentatires of thc United Siatcs of America in Congren.^ iisscntblcd, That John C. Froniont. .Fanics L. Alcorn, Gr. M Dodgo, O. C. Freneh. Juhn I). Caldwell .J. J. Noah. A. C. Osborue, Timothy llur ley, C. C. i'o'il, Silas N. Martin, ,Johu "Sl. Corse, George E. Wontw.irth, I'hilip 11 Morj;an, J. D. Cameron, Marshal O. llo berts. .lames L Hodjrcs, John Hay, W. Vermilye. JCuoeh Jj.   Gaucher,   Charles F.
I.;.... —...        Trnn-V.       IJ- 0;.1on1„3-, Uti^
Whytock, Daniel Drew, F. S. Davis. ^V Orton. .v. C. Babcock. Thom.is A. Scott, Samuel D. Hoffman, II. ll.uisdale, ^\'il liam II. Jaekson, R. C. Parsons, Delos W Emmons. M. A. South-.vorth, John II. Hall, Gr. C. Kinzcy. W. P. Clark, James Dart, H. Jacobs. L. T. Smith. W. P. Dol i^. A. Weed, A.P. K. Saiford, II. McCul¬ lough, Charles .Tackson, Elisha Dyer, Al ircd Anthony, Jaines Hoy, M. W. Benja min, II. D. Cooke, Joseph R. West, W.S Huntington, J. M. Tobbetts. C. C. Leon, dridgo, D. D. Porter, M. Woodbull, Hi¬ ram Price, M. C. Hunter. W. T. Walters, J. B. Brownlow. T. A. Morris, OwenTul- Icr, J. H. Ledlie, 11. M. Bishop, Samuel Craighead, D. N. Stantsn, Auynstus 11. Whitin'.-. (jr. L. .Thonston, .1. W. (!ond- land, Powell Clayton, Samuel Tate, W. Bolton, II. Ilobinson, Ueorge Mancy, (). II. Bynum, M. Burns, .J, C. Ooodloe, E. Cr. Barney, Cyrus Busoy, .1. W. Forney. J. Lockwood, K. M. Davis, N. Patton, Vi*. Flanegan. (J. O'Brien, U. P. Buel. G. II. Gidding, J. J. Newell, E. W. Bice, 11. M. Shoemaker, Samuel Solan, S. W. llorton, J. B. Bowman, it. M. Flournoy, J. .1. Hinds, G. B. Weeks J. T. Ludling, B. C. Gilbert. B. D. Williams, Thomas Olcott, G. A. Fosdick. Iiarry Hays, P. S. Forbes John T. Sprague. L. B. Jlarsh. A. W. Beckwith, .J. C. Stanton, Cyrus H. Bald¬ win, A. .1. Hamilton, Kush 11. Sloan, Silas C. Colsrovc, Saniuel D. Jones, N. II. Deck¬ er, William N. Leet, B. F. Allen, J. B. Chaves. Augustus Kountze, John N. Good¬ win, Wiiliaui S. Kosecrans. Michael Hahn, 11. C. Vi'armouth, J. S. Williams, Vs. M. Spencer, L. J. Higby, W. C. ICiuibalKand all sueh perstjns as shall or may be associa¬ ted with them, and their successors, aro hereby created a body politic and corpor¬ ate in fact and in law, by the name, stylo, and titlo of the Texas Pacific Kailroad Cumpany, and by that name shall have perpetual succession, aud shall be .able to sue and be sued, plead and bo impleaded defend and be doi'ended, in all courts of law and equity, within the United States, and may make and use n connnoii ceal; and the said corporation is hereby author¬ ized and empowered to lay out, locate, con¬ struct, furnish, maintain, and enjoy a con¬ tinuous railroad and telegmph line, with the appurtenances, from a poinl at or near Marshall, county of Harrison. State of Tex- a.s; thenee by the most direct and eligible route, to be determined by said c.imp.iny, near the thirty-second parallel of north latitude, to a point at or near Kl Paso; thenee by the most direct and eligible roule, to be selected by said cnmpanj', through New Jlexico and Arizona, to a point on thc Rio Colorado, at or near the southcist- ern boundary of the State of California ; thence by the most direct and eligible routo to San Diego, California, to ship's channel in the bay of San Diego, in the State of California, pursuingin the location thereof, as near as may be, the thirty-second par¬ allel of north latitude, and is hereby vest¬ ed with all the powers, privileges, and im¬ munities necessary to carry into effect the jmrposes of this act.
Sec. 2. That the persons named in the first section of this aet shall constitute a board of <'imiiii>Kionnr=, (twenty nf whom shall c institute a quorum for the transaction of bnsiness.) to be known as th j Texas Pacific llailroad commissioners, who .shall meet in the city of New Vork vrithin nine¬ ty days alter the pass;ige ofthis act, at a timo to ba designated in a n:tiee to be signed by the person first named in the list of corporators and six of his associates, and to be published fir two weeks in, at least, ono daily newspaper in New York, New Orleans, and Washington ; and, when so met, they may cause books to be opened for the subscription ofthe capital stock of said company, and when twenty thousand shares, amounting to two millions of dol¬ lars, shall hive been subscribed, and ten per centum actually paid thereon, in mo¬ ney, to t'ne treasurer to be elected by said commissioners, who shall give bond for its safe keeping and payment tn thc treasurer ofthe company when organized, then it shall bo lawful for sueh subscribers or etockholders, or a majority thereof, to or¬ ganize said conipany in accordauce with the provisions of this act, a:iil to   elect n
luBj (li,m .se.un, nur m ire lhau~s:Tcntjert direetors, a m.ijority fif whom ihall bo ne¬ cessary to the transaction of business, and who shall hold their oifices for oue year and until their successors shall be eleeted and qualified; and the said direc¬ tors shall immediately proceed to elect a president, vice-president, secretary,, and treasurer ; tho president and vice-president shall be directors. At all elections for direc¬ tors, each share of stock shall be entitled to one vote, which may be given by the liolders in person, or by proxy, who shall also be a shareholder. The dircctois shall liold their oflScos for any tenn not exceed¬ ing three j'ears, as may be provided in the by laws; and the annual meetings of stock¬ holders shall tiike place as provided for in said by-laws.
Sec. ?>. That tho capital stoek of the Texas Pacific Railroad Company shall be fixed by the board of directors, at a sum not exceeding fifty millions of dollars, in shares of ono hundred dollars ; and wlion tho amout is so fixed, itshali never be in¬ creased except by Consent of Congress. As¬ sessments upon said stock shall only bo made by a majority vote of the whole ii um- bor of directors at a regular ineeting; which said asse.?snients shall be paid at the expiration of thirty days after a noticc given in one newspaper in eaeh of tho cities of Washington, Philadelphia, New York, and New Orleans.
Sec. 4. That the said Texas Pacific Bailroad Company shall have power and lawful authority to purchase tho stoek, lands grants, franchises, and appurtenances of, and consolsdate on such terras as may bo agreed upon betwen the parties, with any railroad company or companies horet.ei- fore chartered by congressional. State, or territorial authority, on tho route prescrib¬
ed in thc first soction of this act; but no such consolidation shall be with any com- poting througii line of railroads to the Pa¬ cific ()cean.
Seo. 5. That tho said company shall have power and authority to mako run¬ ning arrangements with any railroad com¬ pany or companies heretofore chartered, or that may hereafter be chartered by con¬ gresssional. State, or territorial authority, also to purchaso lands, or to accept dona¬ tions, or grant of lands, or other property, I'rom States or individuals, for the pur¬ pose of aiding in carrying out thc object ofthis companj'.
Sec, <j. That the rights, lands, land grants, franchises, privileges, and appur¬ tenances, and property of every descrip¬ tion, belonging to each of the consoilidated or pnrchasod railioao company or compa¬ nies, as herein provided shall vest in and beeomo absolutely the property ot the Tex¬ as Pacific llailroad Company : Provided, Tliat in all contracts made and entered in¬ to by said conipany with .any and ail other railroad companj- or companies, to  perfect
n.ioli ..roifaoqttt-ooiTaotillutiun—DT^pOTCliaSe,
the indebtednes.s or other legal obligations of said coinpany or companies shall be as¬ sumed by the .said Texas Pacific Railroad Company as may be agreed upon, and no such consolidation or purchase shall im¬ pair anj' lien which maj' exist on any of the railroads so consolidated orpurchased; but said conipany shall not assume the debts or <ibligations of any company with which it may consolidate or purchase, to au amount greater than the cash value of thc assets received from the same;
Sf.C. 7. That tho said Texas Pacitic llailroad Conipany shall have power to make and enforce rules and by-iaws for the eleclion ofits officers and the govorn¬ ment and management ofthe business of the companj', and to do and perform all need¬ ful and proper things to be done and per¬ formed to promote the objects of the com¬ panj' herebj' incorporated, not inconsistent with the laws of the United States and the provisions of this charter.
Sec. S. That the right of way through the public lands bo, and the same is hereby granted to the said company lor the con¬ struction ofthe said railroad and telegraph line, and the right, power, and authority is hereby given to said company to take from tho public lands adjaceot to the line i-f said road, earth, stono, timber, and oth¬ er materials liir thc construction thereof. Said right of way is granted to said com¬ pany to thc extent oftwo hundred feet in width on each side of said railroad where it m.ay pass over the public lands; and there is also hereby granted to said com¬ pany grounds for stations, buildings, work¬ shops, wharves, switches, side tracks, turn¬ tables, water-stations, and sueh other struc¬ tures as may be necessary for said rail¬ road, not exceeding forty acres of land at any ono point.
.Sec. y. That for the purpose of r.iding in the construction of the railrood and telegraph line herein provided for, there is hereby granted to the said Texas Pacific Railroad Company, its succes,sor3 and as¬ signs, every alternate section of publie land, nut mineral, designated bv' odd num¬ bers to the amount of twenty alternate sections per mile, on each side of said railroad line, as such linc may be adopted by said company, through the Territories of thc United States, aud ten alternate sections of land per uiile on each side of said railroad in California, where the s iine shall not have not been sold, reserv¬ ed, orotberwise disposed of by the United States, and to whieh a pre-emption or homestead claim may not havo attached at the time the linc ofsaid road is definitely fixed. In case any of said lands have been sold, reserved, occupied, or pre-empted, or otherwise di.sfiosed of, other lands shall be selected in lieu thereof by said conipany, undor the direction ofthe Secretary ofthe Interior, in alternate sections, and desig¬ nated by odd numbers, not more than ten miles beyond the limits of said alternate sections first abovo named, and not inclu¬ ding the reserved numbers. If, in the too near approach of tho said railroad line to the boundary of Mexico, the number of sections of land to which the company is entitled cannot be selected immediately on tlie lino ofsaid i;iilru:id, or in licu of min¬ eral lands excluded from this grant, n like quantity of unoccupied and unappropriated agrieultural lands, in odd-numbered sec¬ tions nearest the line of said railro.ad may be selected as above provided; and the word "mineral,'' whero it occurs in this act. shall not be held to include iron or coal. Provided, however. That no public lands aro hereby granted within thc Stato of California further than twenty miles on each side of said road, except to make up deficiencies as aforesaid, and then not to exceed twenty miles from the lands origi¬ nally granted. The term "ship's channel," as used in this bill, shall not be ' construed as conveying any greater right to said company to the water-front of San Diego bay than it may require by gift, grunt, purcllase, or otherwise, exeept the right of way, as herein granted: And provided further, That all such lands so granted by this section to said company, which shall not be sold, or otherwise disposed of, as provided in this act, within threo years al'¬ tcr thc completion of thc eutire road, shall bo subjeet to seltleuient "and pre-emption like other lands, at a price to be fixed by and paid to said companj-, not exceeding au average of two dollars and fifty eents per aere for all the  lands  herein granted.
Sec. 10. That when the route of said railroad .and telegraph linc sball p;i.ss through the lands of private persons, or where it m.ay be necessarj- for said railroad company to take any lands belonging to private persons for any of the purposes herein mentioned neces.sary to said road, sueh right of way through or title to such lands shall be secured in accordance with the laws of the State or Territory in which they may be situated.
Sec. 11. That thc Texas Pacific Rail¬ road Company shall have power and au¬ thority to is,sue two kinds of bonds, secur¬ ed by mortgage, namoly : First, construc¬ tion londs; second, land bonds. Con¬ struction bonds shall be secured by mort¬ age, first, on all or any portion of the iranchiscs, road-bed, or track of ssid rail¬ road, and all the appurtenances thereto belonging, when constructed or in the course of construction, from a point at or near Marshall, to ship's channel, in the bay of Ssn Diego, in tho Stato of Oiliibr- nia, as aforesaid. Land bonds shall be se¬ cured by mortgage, first, on all or any portion oftho lands hereby granted in aid of the construction of said railroad as is provided for in this act; second, on lands acquired by any arrangement or purch-ase or terms of consolidation with any railroad or comp.anies to whom grants of lands may have been made, or may hercaiYcr be made, by any congressional, State, or territorial authority, or who maj' have purchased the same previous to ai:y such arrangement or consolidation: Provided, That all tho mortgages made and executed by said rail¬
road company shall be filed and recorded in the Department of the Interior, which shall be a sufficient evidence of their legal exeeution, and shall confer all the rights and property of said companj' as therein expres.<ed: And provided also. That the proceeds of the sales of the aforesaid con¬ struction and land bonds shall be applied only in the construction, operation, and equipment of the contemplated railroad line: And provided further. That said mortgage shall iu no wise impair or afl'ect any lien existing on the property of said company or companies at or before the time ofsuch consolidaticn.
Sec. 12. That whenever the said com¬ pany shall complete the first and eaeh suc¬ ceeding section of twenty consecutive miles of said railroad and put it in running or¬ der as a first-class road in all its appoint¬ ments, it shall be the duty of the Secretary of the Interior to cause patents to be is¬ sued conveying to said conipany the num¬ ber of sections of land opposite toand co¬ terminous with said completed road to whicii it shall bo entitled for each section completed." "Raid'""Couipany, witliin two years after the passage of tbis act, .shall designate the general route of its said road as near as niaj- be, and shall file a map of tho samo in the Department oftho Interior, immediately thereafter, shall cause thc lands within forty miles on eaeh side of said des¬ ignated route within the Territories, and twenty miles within the State of Califiirnia, to be withdrawn from pre-emption, private entry, and sale: Provided, however. That the provisions ofthe act of September, eigh¬ teen hundred and fortj'-one, granting pre¬ emption rights, and the acts amendatory thereof, and of the act entitled "An act to secure homesteads to actual settlers ou the public domain," approved May twenty, eighteen hundred and sixty-two, and the amendments thereto, shall be, and the same are hereby, extended to all other lands of the United States on the line of said road when surveyed, except those hereby grant¬ ed to said company.
Sec. 13. That the president of the com¬ pany shall annually, by the first day of .July, make a report and file it with the Secrotary of the Interior, whicii report shall be under oath, exhibiting the finan¬ cial situation of the company, the .amount of money received and expended, and the number of miles of road constructed each year; and further, the names and residen¬ ces of tho stockholders, of the directors, and of all other officers of tho company, the amount of stock subscribed, and the amount thereof actually paid in, a descrip¬ tion of the lines of road surveyed and fixed upon for construction, thc amount received from passengers and for freight, respective¬ ly, on the road, a statement of the expen¬ ses ofsaid road and its fixtures, and a true statement of the indebtedness of said com¬ pany and the various kinds thereof.
Sec. 14. That the certificates of the capital stock must be signed by the presi¬ dent aud secretary, and attested by the seal of the conipany, and shall contain an extract from the proceedings of the board of directors fixing the amount thereof, as well as from this act, authorizing such issue. All thc bond.s and mortgages issued by said company must be signed by tho president and secretary, and attested bj- the seal ofsaid conipany, and shall contain an extraet from the law authorizing them to be issued. The face value ofsaid bonds ihall be one thousand dollars in gold, and shall be redeemable nt such times, and to bear such rate of interest, payable semi¬ annually in gold, as may be determined by the directors. The total value of the con¬ struction bonds to be is.sued sh.ill not ex¬ ceed thirty thousand dollars pcr milo of said railroad, and the total face value of the land bonds shall not exceed two dol^ lars and fifty ceuts per acre for all lands mortgaged ; the total amount of each to be determined by the board of directors. • Sec. 15. That all railroads constructed, or that may bo hereafter constrncted, to intersect said Texas Pacific llailroad, shall have a right to connect with that line; that no discrimination as regards charges for freight or passengers, or in any other niatter, shall be made by said Texas Paci¬ fic Railroad Company against any of the said connecting roads; but that the same charges per mile .is to pa.5sengers, and pcr ton per mile as to freight, passing from tie said Texas I'acific railroad over any of .said counecting roads, or passing from any of said connocting roads over any part of sjiid Texas I'acific railroad, shall be made by said company as they make for freight and passengers over their own road : Pro¬ vided also. That said connecting roads shall reciprocate said right of connection and equality of charges with said Texas Pacific railroad ; And provided further. That the rates eharged for carrying pas¬ sengers and freight, pcr mile, shall not exceed the priees which may bo fixed by Congress ibr carrying passengers and freight on the Union Pacitic and Central Pacific railroads.
SeC- 16. That s.aid road shall be cou¬ structed of iron or steel rails manufactured from American ore, except such .as may have heretofore been contracted ibr by any railroad conipany whieii may be purchased or consolidated with bj' the companj' here¬ by incorporated, as provided by this aet.
Sec. 17. That thc said Texas Pacific Railroad Company shall commence the construction of its road simultaneously at San Diego, in the State of California, and from a point at or near Marshall, Tosas, as hei'einbefore described, and so prosecute the same as to have at least fifty con.secu- tive miles of railroad from each of said points complete and in running order with¬ in two years ai'ter the pas.sage of this act; and to so continue to construct each jear thereafter a sufficient number of miles to secure the completion of the whole line from the afore.'iaid point on the eastern boundary of the State of Texas to the bay of San Diego, in the State of California, as aforesaid, within ten years after the pas- Siige of this act; and upon failure to so complete it. Congress may adopt sueh measures as it may deem necessary and proper to secure its speedy completion.
Sec. 18, That the President of the United States, upon the completion ofthe first section of twenty miles, shall appoint one commissioner, wliose duty it shall be to examine the various sections of twenty miles as thej- shall be completed, and re¬ port thereon to him in writing; and if, from such report, he be satisfied that said company has fully completed eaeh section of its road, as in this act provided, hesh.all direct the Secretary of the Interior to issue patents to said company for the lands it is entitled to under this act, as fast as each sectiou of said road is completed.
Sec. 19. Th.at the Texas Pacitic Rail¬ road Couipany shall be, and it is hereby, declared to be a military and post road ; and for the purpose of insuring thc carry¬ ing the mails, troops, niuuitions of war, suppliew and stores of the United States, no act ofthe company nor any law of any State or Territory shall impede, delay, or prevent the said company from performing
its obligations to the United States in that regard : Provided, That said road snail be subject to thc use of the United States for postal, military, and all other government serviees, at fair and reasonahle rates of compensation, not to exceed the price paid bj' private parties for the simc kind of service, and the government shall at all times have the preference in the uso of the same for the purpose aforesaik.
Sec. 20, That it shall nol be lawful for any of thc directors, cither in their indi¬ vidual capacity or as members of an incor¬ porated or joint stock coinpany, to make any contracts or agreeiuents with fho said Toxas Pacific Railroad Company for the eonstruction, equipment- or running of its road, or to have anj' interest therein ; and all such contracts or agreements are here¬ bj' declared null and void, and all monoj' or property received under sueh contracts or agreements may be recovered back for the benefit of the company by any stock¬ holder.
Sec. 21. That any railroad company whose route lies across the route of the Texas i'acific railroad may cross thc same, and for the purpose of crossing shall havo tho right to acquire at thedouble minimum price of binds, whether of the Unitod States or granted by this act, which shall be nee led for a right of way two huudred feet wide through said lands, and for de¬ pots, stations, side-tracks, and other need¬ ful purposes, not exceeding for such pur¬ poses forty acres at any one station.
Sec. 22. That the New Orleans, Baton Rouge, and Vicksburg Raihoad Company, chartered by the State of Louisiana, shall have tho right to cmnect by the most eligible route to be selected by said com¬ pany with thc said Texas Pacific railroad at its cistern terminus, and shall havo the right to way through the public land to the ."(ame extent granted hereby to the sain Texas Pacific Railroad Company; and in aid of its construction fr<ini New Or¬ leans to Baton Rouge, thence by the way of Alexandria, iu said State, lo connect with the said Texas Pacific Railroad Com¬ pany at its eastern terminus, there is here¬ by granted to said company, its successors and assigns, the same nuuiber of alternate sections of public lands per mile, in the State of Louisiana, as are by this act grant¬ ed in the State of California, to said Texas Pacific Railroad Company ; and said lands shall be withdrawn from inarket, relected. and pitcnts issued therefor, and opened for settlement and pre-emption, upon the same terms and in the same manner and timo as is provided fbr and required from said Texas Pacific llailroad Company, within said State of California : Provided, That said oompany shall complete the whole of said road within five years from the passage of this act.
Sec. 23. That, for the purpoae of con¬ necting the Texas Pacific railroad with the city of San Francisco, the Southern Pacific Railroad Company of California is hereby authorized, (subject to the laws oi' California.) to construct a lino of railroad from a point at or near Tehachapa Pa,ss, by way of Loi Angelos, to the Texas Pa¬ cific railroad at or near the Colorado river, with the same rights, grants, and privi¬ leges, and subject to the same limitations, rest net lons.-ttniT'cuiJUitiuM.'S'^iS" were grant¬ ed to said Southern Pacific R.iilroad Com¬ panj' of California, bj- the act of .July twentj--seven, eighteen hundred and sixty- six : Proyided, however. That this section shall in no way affect or impair the rights, present or prospective, of the Atlantic and Pacific Railroad Conipany or any other railroad company.
Approved, March 3, 1871.
APPENDIX,
No, 13.
By the President of the   United  States of
America :
A PROCLAMATION.
^S¦^EllE.vs on the 22d of August, 1870, mv proclamation was issued, enjoining neutrality in the present war between France and the North German Confedera¬ tion and its allies, and declaring, so far as then seemed to be necessary, the respect- ive rights and obligations of the belliger¬ ent parties and of tho citizens ofthe United States.
And whereas subsequent in firmation gives reason that armed cruisers of the belligerents may be tempted to abuso the hospitality accorded to them in the ports, harbors, roadsteads, and other waters of the United States, by making such waters subservient to the purposes of wap :
Now, therofore, I, Ulysses S. Grant, President ofthe United Statesof America, do hereby proclaim and declare that any frequenting and use of the waters within the territorial jurisdietion ofthe United Statos by the armed vessel of either bellig¬ erent, Wi. ether public ships or privateers, for the purpose of preparing for hostile operations, or as posts of observation upon fhe ships of war or privateers or merchant vessels of the other belligerent lying with¬ in or being about to enter the jurisdiction ofthe United States, niiiiit ba regarded as unfriendly and offensive, and in violation of that neutrality whieh it is the deter¬ mination of this govorment to observe; and to the end that the hazard and incon¬ venience of such apprehended practices may be avoided, I further proclaim and declare that from and after the 12th day of October instant, and during the contin¬ uanee of the present hostilities between France and the North Gorman Confedera¬ tion and its allies, no .ship of war or pri¬ vateer of either belligerent shall be per¬ mitted to make use of any p irt, harbor, roadstead, or other waters within the ju¬ risdiction of the United States as a station or plaee of resort fbr anj' warlike purposes, or for the purpose of obtaining anj- facili¬ ties of warlike equipments; and no ship of war or privateer of either belligerent shall be permited to sail out of or leave any port, harbor, roadstead, or waters subject to the jurisdiction of the Unitod States from which a vessel ofthe other belliger¬ ent (whether the samo shall be a ship of war, a privateer, or a mercbaut ship) shall have previously departed, until after the expiration of at least twenty-four hours from the departure ofsuch last mentioned vessel beyond the' jurisdiction of the United States. If any ship of wax-or pri¬ vateer of either belligerent shall, after the time this notification takes effect, enter any port, harbor, roadstead, or waters of the United States, sueh vessel shall be requir¬ ed to depart and to put to soa wilhin twen¬ ty-four hours after her entrance into such port, harbor, ro.idstcad, or waters, except in case of stress of weather or of her ro- <|uiring provisions or things necessary for the subsistence of her crew, or fbr repairs; in either of which cases the authorities of thc port or of thc nearest port (as the case may be) shall require her to put to sea as soon as possible after tho expiration of sueh period of twenty-four hours, without permitting her to take any supplies beyond her immediate use; and no such vessel which may have been permitted to remain
within tho w^aters of the United Statos for thc purpose of repair shall continuo with¬ in such port, harbor, roadstead, or waters for a longer period than twenty-four Ik urs after her necessary repairs shall have been completed, unless within sueh twenty-four hours a vessel, whether ship of war, priva¬ teer, or merchant ship of tho othtr bellig¬ erent, shall have departed therefrom, in whicii ease tho time limited for tho depar¬ ture of such ship of war or privateer shall be extended so far as may be necessary to secure of interval of not less than twentj'- four hours between sueh departure and that ofany ship of war, privateer, or mer¬ chant ship of the other belligerent which may havo previoasly quit tho same port, harbor, roadstead, or waters. No ship of war or privateer of cither belligerent shall be detained in any port, harbor, roadstead, or waters of the United States more than twenty-four hours, by reason cf the suc¬ cessive departure from such port, harbor, roadstaad, or waters of more than one ves¬ sel of the other belligoront. Bnt ifthere bo several vessels of each or either of the belligerents in the same port, harbor, road¬ stead, or waters, the order of their depar¬ ture therefrom shail be so arranged as to afford tho opportuniiy of leiving. alternate¬ ly to the vessels of the respective holliger- cnti, and to cause the least detention eon¬ sistent with the object ofthis proclamation. No ship of war or privateer of either bel¬ ligerent shall be permitted, whilo in any port, harbor, roadstead, or waters within the jurisdiction of the United States, to take in any supplies except pro¬ visions and suc'i dther things as niaj- bo requisite for the Mi'isistence of her crew, and except so nuo h co.il only as may be sufficient to cany ^ueh vessel, if with¬ out sail power, to the n3arest Europe.\n port of her own country; or in case thc vessel is rigged to go under sail, and may also be propelled by steani power, then w-ith half the quantity of coal which sho would be entitled to receive, if depending upon steam alone, and no coal bo again supplied to any such ship of war or privateer in the same or any other port, harbor, roadstead or waters of the United States, without special permission, until the expiration of three months from the same when such coal may have been last supplied to her within the waters of the Uuited Stales, unless such a ship of war or privateer shall, since last thus supplied, have entered a Kurojio- ean port of the government to which the belongs.
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 eighth day of October, in the year of our Lord oue thousand oight hundred and seventy, and [seal] of the Independenco of the Uni¬ tod States of .\merica the nine- fifth.
U. S. GRANT. By the Prosident:
H,\Mir,TO.N Fish, Secretary of Slate. No.  14, Bg the President of thc   United   Stales of Ameriea. A PROCLAMATION. 1V11EUE.AT5   diveis evil-disposed persons h.ive, at sundry times, within the jurisdic¬ tion oftho l'nited States, begun, or sot on foot, or provided, or  p.-cpared tho   means for military expeditions or enterpi-igcs  to be carried on thence against thc territories or  dominions  of   powers with whom the
United States are at
peace, by  organizing
bodies protending to havo power of ernment ovor portions ol" the territories or dominions of powers with whom the United States are at peace, or by boing or a.'su- ujing to hs members of sueh bodies, by levying or collecting money for the pur¬ pose, or for the alleged purpose of using them in carrying on military enterprises against such territories or dominions, by enlisting ahd organizing armed forces to bo used against such powers, and by fiting out, equipping and arming vessels to trans¬ port such organized armed forces io be employed in hostilities agaiqst such puff¬ er;
Aud whercis it is .illegod, and there is reason lo apprehend, that sueh evil-dispj- sod persons have also, at sundry times, within the territory and jurisdiction oftho United States, violated the laws thereof by accepting and exorcising commissions to serve by land or by sea against powers by whom tho Unitod States are at ponce, by enlisting themselves or other persons to carry on v/ar against such powers, by fit¬ ting out and arming vessels with intent that the same shall be employed lo cruise or commit hostilities against "such powers, or bj- delivering commissions within tho territoiy or jurisdiction of the Unitod States for such vessels 11 the intent that they might be employed as aforesaid ;
And whereas such nets aro in violation of the laws of tho United States in such caso made and provided, and are doing in disregard of the duties and obligations which all persons residing or being within the territory or jurisdiction ofthe United States owe thereto, and are condemned by all right-minded and law-abiding citizens :
Now, therefore, 1, IIlyssks S. Gr.^xt, Presidont of the United States of Amori¬ ca, do horcby declare and proclaim that all persons hereafter fiiund within the terri- tor and jurisdiction of the United States committing any of tho aforc-icoited viola¬ tions, or any similar violation of the sov¬ ereignty 01 tho United States for which puni.-^hment is provided by law, will be rigorously prosecuted therefor, and, upon conviction and sentence to punishment, will not be entitled to expect or receive the clemency of the executive to save Ihem from the consequences of thoir guilt; and I enjoin upon every officer of this govern¬ ment, civil or military or naval, to use all efforts in his powor to arrest, ior trial and punishment, every such offender against the laws provided for Ihe pcrforuiance of our sacrod obligations to friendly powers.
In testimony whereof I havc hereunto set my hand and ciu-sed tbe seal of the United States to bo affixed.
Doue at the city of Washington, this twelfth day of October, iu the year of our Lord one thousand eight hundred and seventy, and [seal.] ofthe Independence of Ihe Uni¬ ted States of America the nine¬ ty-fifth.
U.S.GRANT,
By lhe President:
Hamilto.N Fisu, Secretory of State.
No. 15.
By the   Pr::iident of thc Unitfd tSlitles  of
America :
A PROCLAMATION.
WiiEiiEAs it behooves a people sensible of their dependence on the Almighty pub¬ licly and collectively to acknowledge their gratitude for his favors and mercies, and humbly to beseech for their continuance ;
And whereas the people of the Uuited States, during the year now about to end.
have special cause to be thankful fcr gen¬ eral prosperity, abundant harvests, exemp¬ tion from pestilence, foreign war, and civil strife;
Now, therolore, be it known, that I Ur.YSSES S. Grant. President of the Uni¬ ted States, concurring in any similar re¬ commendations from chief magistrates cf States, do hereby recommend to all eitizens ty meet in their respective places of wor¬ ship on Thursday, thc twentj-fourth day of November next, there to give thanks for the bounly of God during the year about to close, .and to supplicate for its continu¬ anco horoafter.
In witne.ss whereof, I have hereunto set niy hand, caused the seal of the United States to be affixed.
Done at the city of Washington this twenty-fitlli day of October, in the year of our Lird one thou¬ sand oight hundred and seventy, [e. s.] and of the Independenee of the United Sntes [of Ameriea] the ninetv-fifth.
U. S. GRANT. By the I'rcsident:
Hamilton Fish, Secretary of State.
No. 16. Dy the  I'resident of Ihe   United .Slute.i of America : A   PllOGLAMATION. WuEttE.\s   satisfactory   evidence    w.is giveu to mc on the 17th day of this month by tho government of I'ortugal   th.it   the discriminating duties horetoforo  levied in the ports of I'ortugal on merchandise  im¬ ported in vessels of the United States into said ports from other countries than those ofwhich said merchandise was the growlh, production, or manufacture have been abol¬ ished :
Now, therefore, I, Ulysses S, Grant, President of tho United Stales of Amer- ca, by virtue ofthe authority vested in mo by an aot of Congress of January 7, 1824, and by an aet in addition thereto of May 24, 1828, do hereby declare and proclaim that the discriminating duties heretofore levied in pyrts of the United States upon mereliandise impo;-ted into Portuguse ves¬ sels from tho eountrio.-! other than those of whieh the merchandise is the growth, pro¬ duce, or manufscture, shall be and aro hereby suspended and discontinued, this suspension or discontinuance to take effeet on and aftjr tho said 17th d.iy of this Uionth, and to continue so long asthe re-' ciprocal exemption of merch.indise belong¬ ing to citizens ofthe United States from such discriminating duties shall be granted in ports of Portugal.
In testimony whereof, I havc hereunto set my hand and caused the seal of the United States to be affixed.
Done in the city of Washington, thi.s* tweuty-Cfth day of Fehruary, in the year of our Lord one thous- [i., s.] aud eight hundred and seventj- 0110, and of the Independence of the Uniied States cf America the ninetj'rfiftlt.
U. S. GRANT. By the President:
Uamilto.v Fisu, Sciietary of Slute.
Bu the Pr
17.
sident of the
Americ.
United   States of
A PROCLAMATION Wiii:re.4S it is provided in the Consti¬ tnlion of the United States that the United Slates shall protect evcry Stnte in this Union, on application of the Legislaturo, or of the Executive, (when tho Legisla¬ ture cannot be convened,) against domestic violence;
And whereas it is provided in the laws of the United States that, in all cases of insurrection in any State, or of obstructions to the laws thereof, it shall bo lawful for the President of the United States, on ap¬ plication ofthe Legislature of such Stato or of the executive (when the legislature cannot bo convened) to call forth the mili¬ tia of any other State or States, or to em¬ ploy such part ot the land and naval forces as sljall be judged neces.sary for the pur¬ pose of suppressing such insurrection, or of causing the laws to be duly executed;
And wherea.s I have received informa¬ tion that combinations of armed men, un¬ authorized by law, nre now disturbing the peaco and safety of the citizens of South Carolina, and committing acts of violencQ in said .State of a character and to an ex¬ tont which renders the powe- the Stato and its officers unequal to the task of pro- tecling lifl and prnportj', and securing pub¬ lic gond order therein;
And whereas the legislature of said State is not now in se.ssion and cannot be cjnveucd in time to meet the present cnieigcncy, and tho executive of said State has therefore made application fo me fbr such part oftho military force oftbe Uni¬ ted States as m.iy be necesssary and adequate to protect said State and the citizens there¬ of .Igainst the domestic violence therein¬ before nienlioned, and to enforce the due executiou of the laws;
And whore:!» the laws of the United States require that, wlienever it may be necessary, in the judgment of the Presi¬ dent, to use the militia iincs for the pur¬ pose .'foTesaid, ho shall ilirtlnvith, bj' proc¬ lamation, command such insurgents to dis¬ perse aud retire peaeeablj' to their respec¬ tive abodes within a liinited time;
Now, therefore, I, Ultsses S. Grant, President of the Unitod States, do hereby command the por.sons composing the un¬ lawful Combinations aibresaid to disper.se and retire peaceably to thoir respective abodes within twenty days fr.im this date. In witness whereof, I have set my hand and cau.<ed the seal oftho United .States to be affixed.
Dona at the city of Wa.shington. this twenty-fourth day of March, in the year of our Lord eightcou hundred and seventy-one, and of tho Independence of the United .States the ninety-fifth.
U. S. GRANT. By thc President:
Hamilton Fish, S<!cretai^y of State. SUP1'LE.\IBNTAL   CONVE.VTION BETWEEN    TIIE
UNITED STATES AND GREAT BRITAIN.
[L. S.]
NATURALIZATION,
REXUNCr.VTION   OF, IN  CERTAIN   CASKS.
av 23, 2871;   itATiFKU  it.incn  24,
IPCATIO.VS E.Xt'II.lNlJKIl SIAV  J.
I'norr.AiUEii mav 5, l.STl.
t?v the pr.e3ide.vt of tiie it.sited states of America.
A I'ROCI-AM ATION.
Whereas a cfinvention supplemental to the convention of May 13, 1870, betweon the United States of America and Her Majesty the Queen of the United King¬ dom of Great Britain and Ireland, con¬ cerning naturalization, was concluded and signed at Waishington by their  respective
plenipotentiaries, on the twenty-third day of February, 1871, which supplemental convention is word for word as follows:
Whereas by the second article of the convention between the United iStates of America and Iler Majestj' thc Queen of tho United Kingdom of Great Britain and Ireland, i'or regulating tho citizenship of citizens and subjects of the eontracting parties who have emigrated, or may emi¬ grate, from the dominions of the one to those of the other party, signed at London, on the 13th of Jlaj', 1870, it was stipula¬ ted that the manner in which the renun¬ ciation by sueh citizens and subjects of their naturalization, and the resumption of their native allegiance may be made and publicly declared, should be agreed upon by the Governments of the respective countries, the I'resident of tho United States of America and Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, for the purpose of cfl'eeting such agreement, have resolved to conclude a supplemental conventien, and have named as.*heir plenipotentiaries, that is to say, the President of the United States of America, Hamilton Fish, Secre¬ tary of State, and Her Majesty the Queen of tho United Kingdom of Great Britain and Ireland, .Sir Edward Thoruton, Knight Conimander of the mo.st honorable Order of the Bath, and her envoy extraordinary and minister plenipotentiary to the United .States of America, w-ho have agreed as fol¬ lows :
Article I. Any person, being originally a citizen of the United States, who had previously to Maj- ISth, 1870, been naturalized as a British subject, maj-, at any time before August 10th, 1872, and any British sub¬ ject who, at tho date flrst aforesaid, had bcon naiuralizod .is a citizen within the United States, may, at any time before May 12tli, 1872, publicly declare his re¬ nunciation of such naturalization by sub¬ scribing an instrument in writing, sub¬ stantially in the form hereunto appended, and designated as Annex A.
Such renunciation, by an original citizen of thc l'nited States, British nationality, shall, within the territories and jurisdic¬ tion of the United States, be made in duplicate, in the presence of any court authorized by law for the time being to admit aliens to naturalization, or betiiire the clerk or prothonotary of any such conrt; if the declarant be "beyond thc ter¬ ritories of the Unitod States, it shall be made in duplicate, before any diplomatic or consular officer of the United States. Ono of such duplicates shall remain of record in the custody of the court or offi¬ cer in whose presence it was made; the other shall be, without delay, transmitted to the Department of State.
Such renunciation, if declared by an original British subject, of his acquired nationality as a citizen of the United States, shall if the declarant be in the United Kingdom of Great Britain and Ireland, be made in duplicate, in the pres¬ ence of a justice oftlie peace; if else¬ where in Her Britannic Jlajesty's domin¬ ions, ill triplicate, in tho presence of any judge of civil or criminal jurisdiction, of any justice of the peace, or any other offi¬ cer for the time being authorized by law, in the plaee in which the declarant is, to administer an oath for any judicial or other legal purpose ; if out of Her Jlajes¬ ty's dominions, in triplic:ite, in the pres¬ ence of any other in the diplomatic or consular service of her JIajesty. Article II.
The contracting parties hereby engage to comniunicafe each to the other, from time to time, lists of the persons who, within their respective dominions and territories, or before their diplomatic and consular officers, have declared their re¬ nunciation of naturalization, with the dates and places of making such declara¬ tions, and s-jch information as to the abode of the declarant,s, and thc times and places of their naturaliaatjon, as they may have furnishod.
Article III
The present convention shall be ratifind by the Presidont of the United States, by and with the adviee and consent of the Senate thereof, and by her Britannio JIaj¬ csty, and the ratifications «hall he ex¬ changed at Washington as soon as may be convenient.
In witness whereof the respective pleni¬ potentiaries have signed the same, and aflixod thereto their respective seals.
Dono at JVashingtou, the twenty-third day of February, in the year of our Lord one thousand eight Irundrcd and seventj-- oue.
[SE.\.L.] HAMILTON FISH.
[sn.\L.] EDW'D THORNTON.
Annex A.
I, A. B., [insert abode,] being original¬ ly a citizen ofthe United States of Ameri¬ ca, [or a British subject,] and having become naturalized w-ithin the dominions of Iler Britannic JIajesty as a British subject, [or as a citizen within the United Stiites of America,] do hereby renounce my naturalization as a British suhject, [or citizen ofthe United States,] and declare that it is my desire to resume my nation¬ ality as acitizen ofthe United States, [or British subject.]
(Signed) A. B.
JIade and subscribed to before nie, ,
in [in.sert country or other subdivision, and State, province, colony, legation or consu¬ late.] this ^lay of—,"187-.
(Signed) E. F., Justice of fhe Peace, [or other title] [seal.] HAMILTON FISH.
[SEAL.] EDW'D THORNTON. And whereas thc said supplemental con¬ vention has boen duly ratified on both parts, and tho respective ratifications of the same were exchanged in this city on the fourth daj- of JIaj-, 1871, by Hamilton Fish, Secretary of State of the l'nited States, and Sir Edward Thornton, K. C. ti., Her Britannic Jl.ijcstj-'s envoy extra¬ ordinary and minister plenipotentiary ac¬ credited to this Government, on the part of their respective Governments:
Now, therefore, be it known that I, Ulysses S. (tRant, President of the Uni¬ ted States of America, have caused the said supplemental convention to be made public, to the end that the same and every clau.se and article thereof may be observed and fulfilled with good faith bythe United States and the citizens thereof.
In witness whereof I have hereunto set my hand and caused the seal of the l'nited State's to be affixed.
Done at the ciiy of Washington this fifth day of Jlay, in the year of our Lord onc thou.sand eight hun- [SEAL.] dred and seventy-one, and ofthe Independence of thc l'nited States of America tbe ninety- fifth.
U, S. GRANT. By the I'lesident: Hajiilton Fisu. Secretary of State.
[RsSOLimOV C3- eXSSBAt R.!!!;!!—Xo.  ii.
JOINT RESOLUTION to amend section four, act of July twenty, eighteen Ynxn- dred and sixty-eight. Resolved hy  the Senate aud Home of Representatives  of the   United Statet   of America in Congress assemhled.   That iee- tion four of thc act of July twenty, eigh¬ teen hundred and sixty-eight, in relation to fermented liquors, be so amended as not to apply to the making of ferinented  li¬ quids used for the manufactare of vinegar exclusively; but nothing in thia resolation shall  be construed to authorize the distil¬ lation of such fermented liquids, except in an authorized distillery. -\pproved, March 3, 1871. [Besoldtiox oy OExiiui, katitbe—No. 23.] A  RESOLUTION authorizing the nomi¬ nation  and  appointment to the retired list of the navy of certain volonteer of¬ ficers on the active list of the navy, who arc disabled- in consequence of wonnds received during the late war. Resolved hy the  Senate and Houte of Representatives of the  United   Statet of America in Congrest assembled,   That the President of the United Statfes be, and he is hereby, authorized to nominate, and, by and with the advice  and  consent   of the .Senate, to  appoint, upon the retired list of the navy, with the rank  of lieutenant, Henry C. Keene, now a volnnteer lieuten¬ ant on the active list of the navy;  and to so  nominate and appoint upon the retired list of the navy, with the rank of master, Edward  E. Bradbury, now a mate on the - active list of the navy. Approved, Jlarch 3, 1871. [General nattjke.—No. 5C.] AN ACT to provide for the redemption of copper and other token coins. Be it enacted by thc Senate  and House of Represeiitatines of the Unitetl Statesof America in Congress assembled. That  the Secretary of the Treasury is  hereby  au¬ thorized and required to redeem in lawful money, under such rules and r^nlations as he may from time to time prescribe, all copper,   bronze,   copper nickel, and base- motal coinage of every kind heretofore au¬ thorized by  law, when presented in sums of not less than twenty dollars; and when¬ ever  under  this authority these coins are presented for redemption in such quantity as  to  show the amount outstanding to be redundant,  the Secretary of the Treasury is  authorized  to discontinue or diminish the manufacture and issue of such coinage until otherwise ordered by him. Approved, Jlarch 3, 1871. ¦ [General  nature—No. 57.] AN ACT in relation to fraudulent trade¬ marks upon foreign watches. Be it enacted by the Senate  and  Houte of Representatives of the United States of America in Congress assembled, That from and after the first day of April,  eighteen hundred and seventy-one, no watches, watch cases, watch movements, or parts of watch movements, of foreign manulactnre, which shall  copy  or fimnlate the name or trade mark of any domestic manufacturer, shall be admitted to entry at the custom houses of the United States unless such domestic manufacturer is the importer of the same. Sec. 2. That domestic manufactnrers of watches,  who  have adopted trade-marks, may cau.se to be recorded in   the treasury of the United States, in a book to be kept for that pnrpose, and under such rules and regulations  as  may be prescribed by the Secretary of the Treasury,  their  names, residences, and descriptions of trade-marks, and furnish to thc Secretary fao-similes of such trade-mark ; and it shall be the duty of the Socretary ta. transmit nnn at.vt«r»— copies of the same to each collector or oth¬ er proper officer of the  customs  of the United States, to be used by such officers in the execution of the first section of this act.
Approved, Jlarch 3, 1871.
[GENER.A.L   NATURE.—No.   58.]
AN ACT amendatory of an act entitled "An aet to further provide for giving effect to the varions grants of pnblic lands to the State of Nevada," approved June eighth, eighteen hnndred and sixty-eight. --    -
Be it enacted hy the iSenate and House of Representatives of the United States of America iu Congress assembled. That sec¬ tion four of an act entitled "An act to further provide for giving eS'ect to the va¬ rious grants of public lands to the State of Nevada," be, and the s;ime is hereby, amended so as to read as follows : And it is further enacted thkt the lands granted to the State of California fur the establish¬ ment of an agricultural college by the act of July second, eighteen hundred and six¬ ty-two, and acts amendatory thereto, may be selected by said State from any lands within said State, subject to the pre-emp¬ tion, settlement, entry, sale, or location, under any laws of the llnited States. Such selection may bo made in any legal subdi¬ visions, adjoining by sides, so as to consti¬ tute bodies of not less than one hnndred and sixty acres; or they may be made in separate subdivisions of forty, eighty, or one hundrod and twenty acres, respective¬ ly : I'rovided, That this privilege shall not extend to lands upon which there may be rightful elaims under the pre-emption and homestead laws, nor to mineral lands: And provided further, That if lands be se¬ lected as aforesaid, the minimum price of whioh is two dollars and fifty cents per acre, they shall be taken acre for acre in part satisfaction of the grant, and the State of California shall pay tothe Unitec States the sum of one dollar and twenty-five cents per acre for each acre so selected, when the same shall be patented to the State by the United States : Provided further. That where lands, sought to be selected for tho agrieultural college, are unsurveyed, tho proper authorities of the State shall file a statement to that effect with the register of the United States land office, describing thc land by township and range, and shall make application to the United States sur¬ veyor general for a survey of the same, tho expenses of the survey for field-work to be paid by the State, provided there be no appropriation by Congress for that pur¬ pose. The United States survey or general as soon aa practicable shall have the said lands surveyed and the township plats re¬ turned to tbe United States land office, and lands so surveyed and returned shall, for thirty days after the filing of the plats in the United States land office, be held exclusively for location for the agricnltoral college, and within said thirty days the proper authorities of the State shall make application to the United States land office for thc lands sought to be located by sec¬ tions and parts of sections: Provided, That any rights, under the pre ernption or home¬ stead laws, acquired prior to the filing of thc required statement with the United States register, shall not be impaired or affected by this act: And provided fur¬ ther. That such selections shall be made in every other respect snbject to the con¬ ditions, restrictions, and limitations coq.> tained in the acts hereby modified. Approved, March 3,1871,