1828. sand bar at or near the mouth of Merrimack river, mack river, in the State of Massachusetts, by erecting piers, tion of Beer Is land. or other works at or near Stoning- piers at Port For repairing the public piers at Port Penn, Marcus Hook, For repairing and Fort Mifflin, four thousand four hundred and thirteen dol Penn, Marcus lars. Hook, C. dredging ma For purchasing a dredging machine, to be worked by steam. For purchasing a and employing the same for the removal of the shoals forming chine to be workobstructions to the navigation near Ocracock Inlet, in the State ed by steam, &£. of North Carolina, twenty thousand dollars. sand bar near the Towards removing the sand bar at or near the mouth of Black For removing the river, in the State of Ohio, by the erection of piers, or other mouth of Black works, seven thousand tive hundred dollars. river, Ohio. For removing obstructions in the Apalachicola river, in the For removing ob Territory of Florida, three thousand dollars. structions in Ap alachicola river.' navigation of and Red River, For improving the navigation of Red River, through, or For improving the around, that part of it called the Raft, situated in Louisiana Arkansas, twenty five thousand dollars. three thousand dollars round that part of in addition to a former appropriation for clearing out and deep ening the harbor of Sackett's Harbor. situated in Louis iana and Arkan sas. survey of the har For making a survey of the harbor of Nantucket, and the For making a passage leading to it, and an estimate of the cost of improving bor of Nantucket, and making the harbor a good and secure one, three hundred dollars. & c For making a survey of Genessee river and harbor, in the For survey of Genessee River, State of New York, and estimates of the cost for improving the &c. New York, same, three hundred dollars. mouth of Sandy For surveying the mouth of Sandy creek, which discharges For surveying the itself into Mexico bay, on Lake Ontario, in the State of New creek, which disYork, for the purpose of constructing a harbor at that place, Mexico bay, &c. charges itself into and ascertaining the cost of the same, three hundred dollars. vey of the south Ontario, N. York, For making a survey and examination of the southern shore For making a sur of Lake Ontario, in the State of New York, between Genessee ern shore of Lake and Oswego rivers, with a view to the improvement of the most between Genessee accessible and commodious harbors on the frontier, by erecting ers. piers, or other works, and estimates of the costs of the same, four hundred dollars. For deepening the channel through the pass au Heron, near the Bay of Mobile, eighteen thousand dollars. For deepening the channel at the mouth of Pascagoula river, seventeen thousand five hundred dollars, in addition to the sum before appropriated for that object. and Oswego riv For deepening the channel through For deepening the outh of Pasca channel at the goula river. structions to the For surveying the obstructions to the navigation of the Wa- For surveying obbash river, between its mouth and Eel river, five hundred dol- navigation of the Jars. Wabash river. 1828. Towards improving the navigation of the Mississippi and Improving navi. Ohio rivers, the sum of fifty thousand dollars. gation Mississippi and Ohio rivers. For removing obstructions in the Berwick branch of the Pis For removing ob- cataqua river, eight thousand dollars. structions in Ber wick branch. For deepening the inland passage, or present channel, for For deepening the navigation between the St. John's river, in Florida, and St. inland passage or present channel, Mary's harbor, in Georgia, the sum of thirteen thousand five tween St. John's hundred dollars. for navigation be Florida, & St. Ma ry's harbour, Geo. For a survey of the river and harbor of St. Marks, in FlorFor a survey of ida, with a view to the practicability and expense of deepening the river, &c. of St. Marks, Florida. the same, the sum of five hundred dollars. For erecting a pier, &c. at or near a ledge of For erecting a pier and a beacon thereon, at or near a ledge of rocks called Allen's rocks, in Warren river, the sum of four rocks called Al- thousand dollars. len's rocks. [Approved, 23 May, 1828.] [See Vol 6, p. 748.] to cause to be ex of Peter CHAP. 74. An ACT making an appropriation to extinguish the Indian title to a reserve allowed to Peter Lynch, of the Cherokee tribe of Indians, within the limits of the State of Georgia, by the treaty of one thousand eight hundred and nineteen, between the United States and said tribe of Indians. [SECT. 1.] Be it enacted by the Senate and House of Repre President of U. sentatives of the United States of America in Congress assembled, States authorized That the President of the United States be, and he is heretinguished the tiby, authorized to cause to be extinguished the title of Peter Lynch, to a lot of Lynch, formerly of the Cherokee tribe of Indians, to a lot of laud, in Georgia. land, lying within the limits of the State of Georgia, which was reserved to the said Peter Lynch, by the treaty of eighteen hundred and nineteen,* entered into between the United States and said tribe of Indians. [+See Vol 6, p. 748.] g3,000 appropriated. SECT. 2. And be it further enacted, That a sum of money, not exceeding three thousand dollars, be, and the same is hereby, appropriated, to be paid out of any money in the Treasury not otherwise appropriated, to carry the foregoing section into effect. [Approved, 23 May, 1828.] CHAP. 75. An ACT to grant certain relinquished and unappropriated lands to the State of Alabama, for the purpose of improving the navigation of the Tennessee, Coosa, Cahawba, and Black Warrior rivers. [SECT. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, 400,000 acres of That four hundred thousand acres, of the relinquished lands In certain countis in the counties of Madison, Morgan, Limestone, Lawrence, in abama giant Franklin, and Lauderdale, in the State of Alabama, be, and the be app ied to nav- same is hereby, granted to said State, to be applied to the im relinquished lands ed to said State,to igation. 1928. provement of the navigation of the Muscle Shoals, and Colbert's SECT. 2. And be it further enacted, That said state of bama, shall have power to sell, dispose of, and grant land, for the purposes aforesaid, at a price not less than minimum price of the public lands of the United States, time of such sale. at Ala- Not to be dise said less than the min imum price of the sale. commenced SECT. 3. And be it further enacted, That the said State of, Improvements to Alabama shall commence said improvements within two years ben two years after the passage of this act, and complete the same within ten after the passage years thereafter. of this act, &c. and void, if ap object whatever.. SECT. 4. And be it further enacted, That if said State of Ala- Grant of all lands bama shall apply the lands hereby granted, or the proceeds of obecod, null the sales, or any part thereof, to any other use or object what- plied to any other soever, than as directed by this act, before said improvements shall have been completed, the said grant for all lands then unsold shall thereby become null and void; and the said State of Alabama shall become liable and bound to pay to the United States the amount for which said land, or any part thereof, may have been sold, deducting the expenses incurred in selling the same. shall be commen. SECT. 5. And be it further enacted, That the improvements Improvements of of said navigation shall be commenced at the lowest point of said navigation obstruction in said river, within said State, continued up the ced, &c. same until completed, and be calculated for the use of Steam Boats, according to such plan of construction as the United States' Engineers, appointed to survey and report thereon, may recommend, and the President of the United States approve : Provided, That such plan shall embrace, if practicable, a con- Proviso. nexion of the navigation of Elk river, with the said improve ments. grant, if any re SECT. 6. And be it further enacted, That after the comple- Surplus of said tion of said improvements, the surplus of said grant, if any, shall main. to be ap be applied to the improvement of the navigation of the Coosa, provement of the Cahawba, and Black Warrior rivers, in said State, under the navigation of direction of the Legislature thereof. Coosa, &c. rivers. ever free from toll belonging to the SECT. 7. And be it further enacted, That the said rivers, Said rivers, when when improved as aforesaid, shall remain forever free from toll improved, to be for all property belonging to the Government of the United for all property States, and for all persons in their service, and for all the citi. U. s.&c. zens of the United States, unless a toll shall be allowed by an act of Congress. [Approved, 23 May, 1828.] 1828. CHAP. 76. An ACT making an appropriation for the erection of a Breakwater near the mouth of Delaware Bay. [SECT. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, A breakwater to That the President of the United States cause to be made near muth of Dela. the mouth of Delaware Bay, a Breakwater. be made near the wire Bay. g250,000 appro priated, SECT. 2. And be it further enacted, That the sum of two hundred and fifty thousand dollars be, and it hereby is, appropriated, towards the accomplishment of that object, and that the same be paid out of any money in the Treasury not otherwise appropriated. [Approved, 23 May, 1828.] Another Judicial district to be es trict embracing lies south of a line on the East, and CHAP. 77. An ACT to establish a Southern Judicial District in the Territory of Florida. [SECT. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there shall be established another Judicial District in the tablished in Flori Territory of Florida, to be called the Southern District, emthe Southern Dis- bracing all that part of the Territory which lies south of a line all that part which from Indian river on the east, and Charlotte harbor on the from Indian river West, including the latter harbor; which said court shall exerCharlotte harbor Cise all the jurisdiction within said district, as the other supeon the West, &c. rior Courts, respectively, exercise within their respective districts, and shall be subject to all the laws which govern or regA Judge to be ap-ulate the same; and there shall be appointed for said district authorized to ap- a Judge: and he is hereby authorized to appoint a Clerk for po nt a clerk for said Court. There shall also be appointed an Attorney and Marshal, who shall exercise all the duties, give the same bond pointed,who shall and security, and be entitled to the same salaries, fees, and same salaries, &c. compensation, that is now allowed by law to Attorneys and as other Attor Marshals in other districts in the territory. pointed, who is said court. Attorney and be allowed the neys, &c. of aid Territory. Stated sessions of held on the first annually, at Key SECT. 2. And be it further enacted, That the stated sessions said court to be of said court shall be held on the first Mondays of May and NoMondays of May Vember annually, at Key West; and such other intermediate and November sessions, from time to time, as the Judge in his discretion may West; and the think advisable and necessary. The Judge shall reside at the Island of Key West, and shall be entitled to receive, as a salary for his services, two thousand dollars per annum, to be paid quarterly, out of any moneys in the Treasury not otherwise appropriated. Judve to reside there. Where in any case wrecked proper shall have deter SECT. 3. And be it further enacted, That whenever, in any concerning case concerning wrecked property, or property abandoned at ty, c. the Judge sea, the Judge aforesaid shall have determined the rate of salmined the rate of Vage to be allowed to salvors, it shall be his duty, unless the lowed to salvors, salvage decreed shall have been adjusted, without recourse to vessel and cargo, to direct such proportion of salvage to be paid salvage to be al to the salvors in kind; and that the property saved shall be divided accordingly, under the inspection of the officers of the court, and before it shall have been taken out of the custody of the Revenue officers. 1828. that there are arti of a perishable na SECT. 4. And be it further enacted, That whenever it shall when ascertained be ascertained, to the satisfaction of the Judge of said court, cles in the cargo that any of the property saved, is. from its character, not sus ture, a sale of ceptible of being divided in the manner proposed, or that there them to be direèare articles in the cargo of a perishable nature, it shall be his duty to direct a sale of the same, for the benefit of all concerned. ted. be removed from SECT. 5. And be it further enacted, That the property re- Property remammaining, after separating the portion adjudged to the salvors. ing after the portion adjusted to shall not be removed from such store as may be used for pub the salvors not to lic purposes, nor disposed of in any other way, within nine such stores as may months, unless by the order of the owners, or of their authorized agents; and that the duties accruing upon such property may be secured at any port in the United States, where the owners may reside. be used for public purposes. ity of the Judge of SECT. 6. And be it further enacted, That no vessel shall be No vessel to he employed as a wrecker, unless under the authority of the Judge employed as a of said Court; and that it shall not be lawful to employ on under the authorboard such vessel, any wrecker who shall bave made condi- said court, &c. tions with the captain or supercargo of any wrecked vessel, before or at the time of affording relief. [Approved, 23 May, 1828.] CHAP. 78. An ACT for the Relief of Marinus W. Gilbert. Treasury Depart &c. to aseertain W. Gilbert, late a my of the U. S [SECT. 1.] Be it enacted by the Senate and House of Repre sentatives of the United States of America in Congress assembled, That the proper accounting officers of the Treasury Depart- Proper account. ment be, and they are hereby, authorized and directed to as- ing officers of the certain and settle the claim of Marinus W. Gilbert, late a Sut ment authorized. tler in the Army of the United States, on account of goods, and settle the wares, and merchandizes, (being his Suttler's stores.) which aim of Marinus were captured or destroyed by the British at French Mills, suttler in the ar Constable, and Malone, in February, eighteen hundred and fourteen, or were destroyed by the United States troops, by order of the commanding officer, to prevent their falling into the hands of the enemy, on the evacuation of the post at the French Mills, at the time aforesaid, (the said Marinus W. Gilbert having been prevented from removing his said property to places of safety by the teams which he had provided for the purpose, by the impressment of those teams into the service of the United States Army,) by order of the commanding officer: Provided, The said Marinus shall produce satisfactory proof of proviso the quantity and value of said goods, at cost, and including carriage: And provided, The allowance for the same shall not ex- Proviso ceed three thousand dollars in amount. |