VOL. 46 United States Laws [Published by Authority.] LAWS OF TIIE UNITED STATES PASSED AT TILE THIRD SESSION OF TILE FORTY-FIRST CONGRESS. [GENERAL NATURE-NO. J4.] AN ACT to incorporate the Texas Pacific Railroad Company, and to aid in the construction of its road, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Cohyress assembled, That John C. Fremont, James L. Alcorn, G. M. Dodge, 0. C. French. John D. Caldwell, J. J. Noah, A. C. Osborne, Timothy Hur ley, C. C. Pool, Silas N. Martin, John M. Come, George E. Wentworth, Philip H. Morgan, J. D. Cameron, Marshal 0. Ro berts, James L Hodges, John Ray, W. Vermilyc, Enoch L. Faucher, Charles F. -.AI 1 T 1 Whytock, Daniel . Drew, F. S. Davis, W. Orton, A. C. Babcock, Thomas A. Scott, Samuel D. Hoffman, H. Ranisdale, Wil liam H. Jackson, R. C. Parsons, Delos W. Emmons, 24. A. Southworth, John H. Hall, G. C. Kinzey, W. P. Clark, James Dart, H. Jacobs, L. T. Smith, W. P. Dole er A. Weed, A. P. K. Safford, H. McCul lough, Charles Jackson, Elisha Dyer, Al fred Anthony, James Hoy, M. W. Benja min, H. D. Cooke, Joseph R. West, W.S. Huntington, J. M. Tebbetts, C. C. Leon dridge, D. D. Porter, 31. Woodhull, Hi ram Price, M. C. Hunter, W. T. Walters, J. B. Brownlow, T. A. Morris, Owen Tal ler, J. H. Ledlie, R. 31. Bishop, Samuel Craighead, D. N. Stanton, Augustus H. Whiting, G. L. Jhonston, J. W. Good land, Powell Clayton, Samuel Tate, W. Bolton, H. Robinson, George Marley, 0. H. Bynum, M. Burns, J. C. Goodloc, E. G. Barney, Cyrus Busey, J. W. Forney, J. Lockwood, E. M. Davis, N. Patton, W. Flanegan. G. O'Brien ' G. P. Bud, G. 11. Gidding, J. J. Newell, E. W. Rice, IL M. Shoemaker, Samuel Solan, S. W. Morton, J. B. Bowman, L. M. Flournoy, J. J. Hinds, G. IL Weeks J. T. Ludling, B. C. Gilbert, B. D. Williams, Thomas Olcott, G. A. Fosdick, Harry Hays, P. S. Forbes John T. Sprague, L. B. Marsh, A. W. Beckwith, J. C. Stanton, Cyrus H. Bald win, A. J. Hamilton, Rush R. Sloan, Silas C. olgrove, Samuel D. Jones, N. H. Deck er, William N. Leet, B. F. Allen, J. B. Chaves, Augustus Kountze, John N. Good win, William S. Eosccrans, Michael Hahn, 11. C. Warmouth, J. S. Williams, G. M. Spencer, L. J. Higby, W. C. Kimball, and all such persons as shall or may be associa ted with them, and their successors, are hereby created a body politic and corpor ate in fact and in law, by the name, style, and title of the :Texas Pacific ailroad Company, and by that name shall have perpetual succession, and shall be able to sue and be sued, plead and be impleaded defend and be defended, in all courts of law and equity, within the United States, and may make and use a common seal; 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 telegraph line, with the appurtenances, from a point at or near Marshall, county f Harrison, State of Tex as; thence by the most direct and eligible route, to be determined by said company, near the thirty-second parallel of north latitude, to a point at or near El Paso; thence by the most direct and eligible route, to be selected by said company, through New Mexico and Arizona, to a point on the Rio Colorado, at or near the southeast ern boundary of the State of California; thence by the most direct and eligible route 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 purposes of this act. SEC. 2. That the persons named in the first section of this act shall constitute ...I hoard of wanmissioncrs, (twenty of whom shall Caust it ute a quorum fur the transaction of business,) to be known as th , 3 Texas Pacific Railroad commissioners, who shall meet in the city of New York within nine ty days atter the passage of this act., at a time to be designated in a notice to be signed by the person first named in the list of corporators and six of his associates, and to be published for two weeks in, at least, one daily newspaper in New York, New Orleans, and Washington ; and, when so met, they may cause books to be opened for the subscription of the capital stock of said company, and when twenty thousand shares, amounting to two millions of dol lars, shall have been subscribed, and ten per centum actually paid thereon, in mo ney, to the treasurer to be elected by said commissioners, who shall give bond for its safe keeping and payment to the treasurer of the company when organized. then it shall be lawful for such subscribers or stockholders, or a majority thereof, to or ganize said company in accordance with the provisions of this act, and to elect not directors, a majority of whom shall be-ne cessary to the transaction of business, and who shall hold their offices for one year and until their successors shall be elected and qualified; and the said direc tors shall immediately proceed to elect a president, vice-president, secretary,. and treasurer; the 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 holders in person, or by proxy, who shall also be a shareholder. The directors shall hold their offices fur any term not exceed ing three years, as may be provided in the by laws; and the annual meetings of stock holders shall take place as provided for in said by-laws. SEC. 3. That the capital stock 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 one hundred dollars; and when the amout is so fixed, it shall never be in creased except by consent of Congreis. As sessments upon said stock shall only be made by a majority vote of the whole num ber of directors at a regular meeting; which said assessments shall be paid at the expiration of thirty days after a notice given in one newspaper in each of the cities of Washington, Philadelphia, New York, and New Orleans. SEC. 4. That the, said Texas Pacific Railroad Company shall have power and lawful authority to purchase the stock, lands grants, franchises, and appurtenances of, and consolsdate on such terms as may be agreed upon betwen the parties, with any railroad company or companies hereto fore chartered by congressional, State. or territorial authority, on the route prescrib ! s he Huntingdon Journal. ed in the first section of this act; but no, such consolidation shall be with any com peting through line of railroads to the Pa cific Ocean. SEC. 5. That the said company shall have power and authority to make 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 purchase lands, or to accept dona tions, or grant of lands, or other property, from States or individuals, for the pur pose of aiding in carrying out the object of this company. SEC. C. That the rights, lands, land grants, franchises, privileges, and appur tenances, and property of every descrip tion,belonging to each of the consoilidated or pfirchased railroad company or compa nies, as herein provided shall vest in and become absolutely the property of the Tex as Pacific Railroad Company : Provided, That in all contracts made and entered in to by said company with any and all other railroad company or companies, to perfect the indebtedness or other legal obligations of said company 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 any lien which may exist on any of the railroads so consolidated or purchased; but said company shall not assume the debts or obligations of any company with which it may consolidate or purchase, to an amount greater than the cash value of the assets received from the same: SEC. 7. That the said Texas Pacific Railroad Company shall have power to make and enforce rules and by-iaws for the election of its officers and the govern ment and management of the business of the company, and to do and perform all need ful and goper things to be done and per formed to promote the objects of the com pany hereby incorporated, not inconsistent with the laws of the United States and the provisions of this charter. SEc. 8. That the right of way through the public lands be, and the same is hereby granted to the said company for the con struction of the said railroad and telegraph line, and the right, power, and authority is hereby given to said company to take from the public lands adjacent to the line of said road, earth, stone, timber, and oth er materials for the construction thereof. Said right of way is granted to said com pany to the extent of two hundred feet in width on each side of said railroad where it may pass over the public lands; and there is also hereby granted to said com pany grounds for stations, buildings, work shops, wharves, switches, side tracs, turn tables, water-stations, and such other struc tures as may be necessary for said rail road, not exceeding forty acres of land at any one point. - SEC. '3. That for the purpose of aiding in the construction of the railrood and telegraph line herein provided for, there is hereby granted to the said Texas Pacific Railroad Company, its successors and as signs, every alternate section of public land. n ot.mineral, designated by odd nom hers to the amount of twenty alternate sections per mile, on each side of said railroad line, as such line may be adopted by said company, through the Territories of the United States, and ten alternate sections of land per mile on each side of said railroad in California, where the same shall not 'have not been sold, reserv ed, or otherwise disposed of by the United States, and to which a pre-emption or homestead claim may not have attached at the time the line of said road is definitely fixed. In case any of said lands have been sold, reserved, occupied, or pre-empted, or otherwise disposed of, other lands shall be selected in lieu thereof by said company, under the direction of the Secretary of the Interior, in alternate sections, and desig nated by odd numbers, not more than ten miles beyond the limits of said alternate sections first above named, and not inclu ding the reserved numbers. If, in the too near approach of the 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 the line of said railroad, or in lieu of min eral lands excluded from this grant, a like quantity of unoccupied and unappropriated agricultural lands, in odd-numbered sec tions nearest the line of said railroad may be selected as above provided; and the word "mineral," where it occurs in this act. shall not be held to include iron or coal, Provided, however, That no public lands arc hereby granted within the State 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, grant, purchase, or otherwise, except 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 three years af ter the completion of the entire road, shall ue subject Co settlement and pre.emptiori like othei lands, at a price to be fixed by and paid to said company, not exceeding an average of two dollars and fifty cents per acre for all the lands herein granted. Sic. 10. That when the route of said railroad and telegraph line shall pass through the lands of private persons, or where it may be necessary for said railroad company to take any lands belonging to private persons for any of the purposes herein mentioned necessary to said road, such 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. Sac. 11. That the Texas Pacific Rail road Company shall have power and au thority to issue two kinds of bonds, secur ed by mortgage, namely : First, construc tion bonds; second, land bonds. Con struction bonds shall be secured by mort gage, first, on all or any portion of the franchises, road-bed, or track of said 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 San Diego, in the State of Califor nia, as aforesaid. Land bonds shall be se cured by mortgage, first, on all or any portion of the 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 purchase or terms of consolidation with any railroad or companies to whom grants of lands may have been made, or may hereafter be made, by any congressional, State, or territorial authority, or who may have purchased the same previous to aLy such arrangement or consolidation: Provided, That all the 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 execution, and shall confer all the rights and property of said company as therein expressed : 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 in no wise impair or affect any lien existing on the property of said company or companies at or before the time of such consolidaticn. SEc. 12. That whenever the said com pany shall complete the first and each 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 company the num ber of sections of land opposite to and co terminous with said completed road to which it shall be entitled for each section completed. 51d company, - Within - two years after the passage of this act, shall designate the general route of its said road as near as may be. and shall file a map of the same in the Department of the Interior., immediately thereafter, shall cause the lands within forty miles on each side of said des ignated route within the Territories, and twenty miles within the State of California, to be withdrawn from pre-emption, private entry, and sale : Provided, however, That the provisions of the act of September, eigh teen hundred and ffirty-one, granting pre emption rights, and the acts amendatory thereof, and of the act entitled "An act to secure homesteads to actual settlers on 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 Secretary of the Interior, which 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 the stockholders, of the directors, and of all other officers of the 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, the amount received from passengers and for freight, respective ly, on the road, a statement of the expen ses of said road and •its fixtures, and a true statement of the indebtedness of said com pany and the various kinds thereof. S - Ec. 14. That the certificates of the capital stock must be signed by the presi dent and secretary, and attested by the seal of the company, 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 the bonds and mortgages issued ci sued by said company must be signed by the president and secretary, and attested by the real of said company, and shall contain an extract from the law authorizine. ' them to be issued. The face value of said bonds shall be one thousand dollars in gold, and shall be redeemable at 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 issued shall not ex ceed thirty thousand dollars per mile of said railroad, and the total face value of the land bonds shall not exceed two dol lam and fifty cents 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 be hereafter constructed, to intersect said Texas Pacific Railroad, shall have a right to connect with that line; that no discrimination as regards charges for freight or passengers, or in any other matter, shall be made by said Texas Paci fic Railroad Company against any of the said connecting roans; but that the same charges per mile as to passengers, and per ton per mile as to freight, passing from the said Texas Pacific railroad over any of said connecting roads, or passing from any of said connecting roads over any part of said Texas Pacific 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 charged for carrying pas sengers and freight, per mile, shall not exceed the prices which may be fixed by Congress for carrying passengers and freight on the Union Pacific and Central Pacific railroads. Sac. 16. That said road shall be con structed of iron or steel rails manufactured from American ore, except such as may have heretofore been contracted for by any railroad company which may be purchased or consolidated with by the company here by incorporated, as provided by this act. SEc. 17. That the 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, Texas, as hereinbefore described, and so prosecute the same as to have at least fifty consecu tive miles of railroad from each of said points complete and in running order with in two years after the passage of this act; and to so continue to construct each year thereafter a sufficient number of miles to secure the completion of the whole line from the aforesaid 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 sage of this . act; and upon failure to so complete it, Congress may adopt such measures as it may deem necessary and proper to secure its speedy completion. Sxc. 18. That the frcsident of the United States, upon the completion of the first section of twenty miles, shall appoint one commissioner, whose duty it shall be to examine the various sections of twenty miles as they 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 each section of its road, as in this act provided, heshall 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 section of said road is completod. SEC. 19. That the Texa:i Pacific Rail road Company shall be, and it is hereby, declared to be a military and post road ; and for the purpose of insuring the carry ing the mails, troops, munitions of war, supplies, and stores of the United States, no act of the company nor any law of any State or Territory shall impede, delay, or prevent the said company from performing HUNTINGDON, PA., JULY 19, 1871 its obligations to the United States in that regard : Provided, That said road snail be subject to the use of the United States for postal, military, and all other government services, at fair and reasonable rates of compensation, not to exceed the price paid by private parties for the acme kind of service, and the government shall at all times have the preference in the use of the same for the purpose aforesaic. SEC. 20. That it shall not be lawful for any of the directors, either in their indi vidual capacity or as members of an incor porated or joint stock company, to make any contracts or agreeinents with the said Texas Pacific Railroad Company for the construction, equipment- or running of its road, or to have any interest therein ; and all such contracts or agreements are here by declared null and void, and all money or property received under such 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 rirexas - Paeitteriffroad may cross the same, and for the purpose of crossing shall have the right to acquire at the double minimum price of lands, whether of the United Statte or granted by this act, which shall be needed for a right of way two hundred 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 Railroad Company,' chartered by the State of Louisiana, shall have the right to connect by the most eligible route to be selected by said com pany with the said Texas Pacific railroad at its eastern terminus, and shall have the right to way through the public land to the same extent granted hereby to the :lain Texas Pacific Railroad Company; and in aid of its construction from New Or leans to Baton Rouge, thence by the way of Alexandria, in said State, to 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 number 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 market, relected, and patents issued therefor. and opened fur settlement and pre-emption, upon the same terms and in the same manner and time as is provided for and required from said Texas Pacific Railroad Company, within said State of California : Provided, That said company shall complete the whole of said road within five years from the passage of this act. SEC. 23. That, for the purpose 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 of California) to construct a lino of railroad from a point at or near Tehachapa Pass, by way of Los 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, relatitlDAT, auu curguimuun JD Del e grant= ed to said Southern Pacific Railroad Com pany of California, by the act of July twenty-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 Company or any other railroad company. Approved, March 3, 1871. APPENDIX, No. 13. By the President of the United States of America : A PROCLAMATION. WHEREAS on the 22d of August, 1870, my 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 the citizens of the United States. And whereas subsequent information gives reason that armed cruisers of the belligerents may be tempted to abuse 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 war : Now, - therefore, I, Ulysses S. Grant, President of the United States of America, do hereby proclaim and declare that any frequenting and use of the waters within the territorial jurisdiction of the United States by the armed vessel of either bellig erent, whether public ships or privateers, for the purpose of preparing fur 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 of the United States, must be regarded as unfriendly and offensive, and in violation of that neutrality which it is the deter mination of this goverment 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 uance of the present hostilities between France and the North German Conftdera tion and its allies, no ship of war or pri vateer of either belligerent shall be per mitted to make use of any port, harbor, roadstead, or other waters within the ju risdiction of the United States as a station or place of resort for any warlike purposes; or for the purpose of obtaining any &dn. 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 United States from which a vessel of the other belliger ent (whether the same shall be a ship of war, a privateer, or a merchant ship) shall have previously departed, until after the expiration of at least twenty-four hours from the departure of such last•mentioned vessel beyond the- jurisdiction of the United States. If any ship of war or pri vateer of either belligerent shall, after the time this notication takes effect,enter any port, harbor, roadstead, or waters of the United States, such vessel shall be requir ed to depart and to put to sea within twen ty-four hours after her entrance into such port, harbor, roadstead, or waters, except in case of stress of weather or of her re quiring provisions or things necessary for the subsistence of her crew, or for repairs; in either of which cases the authorities of the port or of the nearest port (as the case .may be) shall require her to put to sea as soon as possible after the expiration of such 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 'the waters of the United States for the purpose of repair shall continue with in such port, harbor, roadstead, or waters for a longer period than twenty-four hours alter her necessary repairs shall have been completed, sinless within such twenty-four hours a vessel, whether ship of war, priva teer, or merchant ship of the other bellig erent, shall have departed therefrom, in which ease the time limited for the depar ture of such ship of war or privateer shall be extended so ihr as may be necessary to secure of interval of not less than twenty four hours between such departure and that of any ship of war, privateer, or mer chant ship of the other belligerent which may have previously quit the same port, harbor, roadstead, or waters. No ship of war or privateer of either belligerent shall be detained in any port, harbor, roadstead, or waters of the United States more than twenty-four hours, by reason of the suc-• cessive departure from such port, harbor, roadstaad, or waters of more than one ves sel of the other belligerent. But if there 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 shall be so arranged as to afford the opportunity of leaving. alternate ly to the vessels of the respective belliger ents, and to cause the least detention con sistent with the object of this proclamation. No shipof war or privateer of either bel ligerent shall be permitted, while in any port, harbor, roadstead, or waters within the jurisdiction of the United States, to take in any supplies except pro visions and such other things as may be requisite for the ,st%sistence of her crew, and except so much coal only as may be sufficient to carry such vessel, if with out sail power, to the nearest European port of her own country; or in case the vessel is rigged to go under sail, and may also be propelled by steam power, then with half the quantity of coal which she would be entitled to receive, if depending upon steam alone, and no coal be 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 United States, unless such a ship of war or privateer shall, since last thus supplied, have entered a Europe can port of the government to which she 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 fear of our Lord one thousand eight hundred and seventy, and [SEAL] of the Independence of the Uni ted States of America the nine fifth. U. S. GRANT. By the President : HAMILTQN FISH, Secretary of State. No. 14, By the President of the United Stales_ qt America. A PROCLAMATION, vv 'Trams divers evil-disposed persons have, at sundry times, within the jurisdic tion of the United States, begun, or set on foot, or provided, or prepared the means for military expeditions or enterprises to be carried on thence against the territories or dominions of powers with whom the United States are at peace, by organizing bodies pretending to have power of gov ernment over portions Of the territories or dominions of powers with whom the United States are at peace, or by being or assu, ming to be members of such 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 and organizing armed forces to be used against such powers, and by filing out, equipping and arming vessels to trans port such organized armed forces io be employed in hostilities against such pow er ; _ _ And whereas it is alleged, and there is reason to apprehend, that such evil-dispo sed persons have also, at sundry times, within the territory and jurisdiction of the United States, violated the laws thereof by accepting and exercising commissions to serve by land or by sea against powers by whom the United States are at peace, by enlisting themselves or other persons to carry on war against such powers, by fit ting out and arming vessels with intent that the same shall be employed to cruise or commit hostilities against such powers, or by delivering commissions within the territory or jurisdiction of the United States for such vessels to the intent that they might be employed as aforesaid; And—whereas such nets are in violation of the laws of the United States in such case made and provided, and are doing in disregard of the duties and obligations which all persons residing or being within the territory or jurisdiction of the United States owe thereto, and-are condemned by all right-minded and law-abiding citizens : Now, therefore, I, ULTssms S. GRANT, President of the United States of Ameri ca, do hereby declare and proclaim that all persons hereafter found within the terri tor and jurisdiction of the United States committing any of the afore-recited viola tions, or any similar violation of the sov ereignty on the United States for which punishment 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 them from the consequences of their guilt; and I enjoin upon every officer of this govern ment, civil or military or naval, to use all efforts in his power to arrest, for trial and punishment, every such offender against the laws provided for the performance of our sacred obligations to friendly powers. In testimony whereof, I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the city or Washington, this twelfth .day of October, in the year of our Lord one thouiand eight hundred and seventy, and [SEAL.] of the Independence of the Uni ted States of America the nine ty-fifth. U. S. GRANT, By the President : HAMILTON Fists, Secretary of State. No. 15. By the President of the United States of America A PROCLAMATION. WHEREAS 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 United 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, therefore, be it known, that I ULYSSES S. GRANT, President of the Uni ted States, concurring in any similar re commendations from chief magistrates of States, do hereby recommend to all citizens ty meet in their respective places of wor ship on Thursday, the twenty-fourth day of November next, there to give thanks for the bounty of God during the year about to close, and to supplicate for its continu ance hereafter. In witness whereof, I have hereunto set nay hand, caused the seal of the United States to be affixed. Done at the city of Washington this twenty-fifth day of October, in the year of our - Llrd one thou , sand eight hundred and seventy, [L. s.] and of..the Independence of the united Stites [of America] the ninety-fifth. U. S. GRANT. By the President : HAMILTON FISH, Secretary of Slate. N. 16. By the President of the (hilted Slates of America : A PROCLAMATION, Wm:mks satisfactory evidence was given to me on the 17th day of this month by the government of Portugal that the discriminating duties heretofore levied in the ports of Portugal on merchandise im ported in vessels of the United . States into said ports from other countries than those of which said merchandise was the growth, production, or manufacture have been abol ished : Now, therefore, I, Ulysses S. Grant, President of the United States of Amer ea, by v irtue of the authority vested in me by an act of Congress of January 7, 1824, and by an act in addition thereto of May 24, 1828, do hereby declare and proclaim that the discriminatiw , e duties heretofore levied in ports of the United States upon merchandise imported into Portuguse ves sels from the countries other than those of which the merchandise is the growth. pro duce, or manufacture, shall be and are hereby suspended and discontinued, this suspension or discontinuance to take effect on and after the said 17th day of this month, and to continue so long as the re: ciprocal exemption of merchandise belong ing to citizens of the United States from such discriminating duties shall be granted in ports of Portugal. In testimony whereof, I have hereunto set my hand and caused the seal of the United States to be affixed. Done in the city of Washington, this• twenty-fifth day _of Fehrnary, in the year of our Lard one ti-Mus ft. a.] and eight hundred and seventy one, and of the Independence of the United States of America the ninety-fifth, U. S. GRANT. . 33y_tlie_ President : HAMILTON risil, Secretary of State. By the President of the United States of America : A PROCLAMATION WI - names it is provided in the Consti tution of the United States that the United States shall protect every State in this Union, on application of the Legislature, or of the Executive, (when the Legisla ture cannot be convened,) against domestic violence; And where.ts 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 be lawful for the President of the United States, on ap plication of the Legislature of such State or of the executive (when the legislature cannot be convened) to call forth the mili tia of any other State or States, or to em ploy such part of the land and naval forces as shall be judged necessary for the pur pose of suppressing such insurrection, or of causing the laws to be duly executed ; And whereas I have received infomi'a tion that combinations of armed men, un authorized by law, are now disturbing the peace and safety of the citizens of South Carolina, and committing acts of violence in said State of a character and to an ex tent which renders the powe- the State and its officers unequal to the task of pro tectingo. lift and property, and securing pub lic good order therein; _ _ _ And whereas the legislature of said State is not now in session and cannot be convened in time to meet the present emergency, and the executive of said State has therefore made application to me for such part of the military force of the UAi ted States as may be necessary and adequate to protect said State awl the citizens there of against the domestic violence therein before mentioned, and to enforce the due execution of the laws; And whereas the laws of the United States require that, whenever it may be necessary, in the judgment of the Presi dent, to use the militia force for the pur pose :foresaid, he shall forthwith, by proc lamation, command such insurgents to dis perse and retire peaceably to their respec tive abodes within a limited time; Now, therefore, I, ULYSSES S. GRANT, President of the United States, do hereby command the persons composing the un lawful combinations aforesaid to disperse and retire peaceably to their respective abodes within twenty days from this date. In witness whereof, I have set my band and caused the seal of the United States to be affixed. Done at the city of Washington, this twenty-fourth day of March, in the . year of our Lord eighteen [L. a.] hundred and seventy-one, and of the Independence of the United States the ninety-fifth. U. S. GRANT. By the President : lIAMILTON Fisu, Secretary of State. SUPPLESIENTAL CONVENTION BETWEEN THE UNITED STATES AND GREAT BRITAIN. NATURALIZATION, RENUNCIATION OF, IN CERTAIN CASES. srcNcn FEBRUARY 23, 2871 ; RATIFED 3rAncu 24, 1371: RATIFCATIONS EXCHANGED RAY 4, 1871; PROCLAIMED MAY 5, 1871. By TUE PRESIDENT OF THE UNITED STATES OF AMERICA. A PROCLAMATION Whereas a convention supplemental to the convention of May 13, 1870, between 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 Washington 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 States of America end Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, for regulating the citizenship of citizens and subjects of the contracting 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 May, 1870, it was stipula ted that the manner in which the renun ciation by such 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, tite President of the United States of America and Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, for the purpose of effecting such agreement, have resolved to conclude a supplemental convention, and have named as-sheir 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 the United Kingdom of Great Britain and Ireland, Sir Edward Thornton, Knight Commander of the most honorable Order of the Bath, and her envoy extraordinary and minister plenipotentiary to the United States of America, who have agreed as fol lows ARTICLE I. Any person, being originally a citizen of the United States, who bad previously to May I3th, 1870, been naturalized as a British subject, may, at any time before August 10th, 1872, and any British sub ject who, at the date first aforesaid, had been naturalized as a citizen within the United States, may, at any time before May 12th, 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 the United 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 before the clerk or prothonotary of any such court; if the declarant be beyond the ter ritories of the United States, it shall be made in duplicate, before any diplomatic or consular officer of the United States. One 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 of the peace; if else where in Her Britannic Majesty's domin ions, in triplicate, in the 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 place in which the declarant is, to administer an oath for any judicial or other legal purpose; if out of Her Majes ty's dominions, in triplicate, in the pres ence of any other in the diplomatic or consular service of her Majesty. ARTICLE IT, The contracting parties hereby engage to communicate 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 such information as to the abode of the declarants, and the times and places of their naturalization, as they may have furnished. ARTICLE 111 The present convention shall be ratifiad by the President of the United States, by and with the advice and consent of the Senate thereof; and by her Britannic )laj esty, and the ratifications shall he ex changed at Washington as soon as may be convenient. In witness whereof the respective pleni potentiaries have signed the same, and affixed thereto their respective seals. Done at Washington, the twenty-third day of February, in the year of our Lord one thousand eight lmndred and seventy oue. [sEAL.] HAMILTON FISH. [SEAL.] EDIV'D THORNTON. ANNEX A. I, A. 8., [insert abode,] being original ly a citizen of the United States of Ameri ca, [or a British subject,] and having become naturalized within the dominions of Her Britannic Majesty as a British subject, [or as a citizen within the United States of America,] do hereby renounce my naturalization as a British subject, [or citizen of the United States,] and declare that it is my desire to resume my nation ality as a citizen of the United States, [or British subject.] (Signed) A. B. Made and subscribed to b'efore'me,—, in [insert country or other subdivision, and State, province, colony, legation or consu late,] this day of—, 187—. (Signed) E. F., Justice of the Peace, [or other title.] [SEAL.] HAMILTON FISH. [SEAL.] EDW'D THORNTON. And whereas the said supplemental con vention has been duly ratified on both parts, and the respective ratifications of, the same were exchanged in this city on the fourth day of May, 1871, by Hamilton Fish, Secretary of State of the United States, and Sir Edward Thornton, - K. C. rt., Her Britannic Majesty'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. GRANT, 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 clause and article thereof may be observed and fulfilled with good faith by the United States and the citizens thereof. In witness whereof I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the ciiy of Washing ton this fi ft h day of May : in the year of our Lcird one ihonsand - eight bun [SEAL.] dred and seventy-one, and of the Independence of the United States of America the ninety fifth. U. S. GRANT, By the Piesident: HAMILTON FISH, Secretary of State, NO. 28. JOINT RESOLUTION to amend section four, act of July twenty, eighteen hun dred and sixty-eight. Resolved by the &nate and House of Representatives of the: United . States of america in Congress assembled, That sec tion four of the 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 felmented li quids used for the manufactare of vinegar exclusively; but nothing in thin resolution shall be construed to authorize the distil lation of inich 'fermented liquids, except in an authorized distillery. Approved, March 3, 1871. [RBSOLIITION OP GENERAL NATURE-40. 23.] A RESOLUTION authorizing the nomi nation and appointment to the retired list of the navy of certain volunteer of ficers on the active list of themavy, who are disable& in consequence of wounds received during the late war. Resolved by - the Senate and House of Representatives of the United States of Ilmerica in Congress assembled, That the President of the United States be, and he is hereby, authorized to nominate, and, by and with the advice and consent of the Senate, to appoint, upoU the retired list of the navy, with the rank of lieutenant, Henry C. Keene, now a volunteer 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, March 3, 1871. [GENERAL NATURE.—NO. 56.3 AN ACT to provide for the redemption of copper and other token coins. Be it enacted by the Senate and House of Representatines of the United States of America in Congress assembled, That the Secretary of the Treasury is hereby au thorized and required to redeem in lawful money, under snob rules 'sad regulations as he may from time to time prescribe, all copper, bronze, copper nickel, and base metal 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 arc 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 eoinage until otherwise ordered by him. Approved, March 3, 1871. • [GENERAL NATURE—NO. 57.] AN ACT in relation to fraudulent trade- marks upon foreign watches. Be it enacted bg the gestate and Howe of Representatives of the United States of Jlmerica 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 manufacture, 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 manufacturers of watches, who have adopted trade-marks, may cause to be recorded in the treasury of the United States, in a book to be kept for that purpose, 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 the Secretary fae-similes of such trade-mark ; and it shall be the duty of the Secretary ta_ traaattait-ena-ae-aweee- copies of the mime to each collector or oth er proper officer of the customs of the United States, to he used by such officers in the execution of the first section of this act. Approved, March 3, 1871. [GENERAL NATURE.-:—NO. 58.] AN ACT amendatory of an act entitled -An act to further provide for giving effect to the various grants of public lands to the State of Nevada," approved June eighth, eighteen hundred and Bixty-elght. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That sec tion four of an act entitled "An act to further provide for giving effect to the va rious grants of public lands to the State of Nevada," be, and the same is hereby, amended so as to read as follows : And it is further enacted thkt the lands granted to the State of California for 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 United States. Such selection may be made in any legal subdi visions, adjoining by sides, so as to consti tute bodies of not less than one hundred and sixty acres; or they may be made in separate subdivisions of forty, eighty, or one hundred and twenty acres, respective. ly : Provided, That this privilege shall not extend to lands upon which there may be rightful claims 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 to the Unite° 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 agricultural college, are unsurveyed, the proper authorities of the State shall file a statement to that effect with the register of the United States land office, describing thi land by township and range, and shall make application to the United States sur veyor general for a survey of the same, the 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 surveyor general as soon as practicable shall have the said lands surveyed and the township plats re turned to the 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 agricultural college, and within said thirty days the proper authorities of the State shall make application to the United States land office for the lands sought to be located by sec tions and parts of sections: Provided, That any rights, under the preemption or home stead laws, acquired prior to the filing of the 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 subject to the con ditions, restrictions, and limitations c 94, tabled in the acts hereby modified, Approved, March 3, 1871,
Significant historical Pennsylvania newspapers