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,