Agencies and superintendencies to be continued.

Portion of Territory of Idaho

kota.

act to the contrary notwithstanding; and that the existing agencies and superintendencies of said Indians be continued, with the same powers and duties which are now prescribed by law, except that the President of the United States may, at his discretion, change the location of the office of said agencies or superintendents.

SEC. 18. And be it further enacted, That, until congress shall otherwise made part of Da- direct, all that part of the Territory of Idaho included within the following boundaries, to wit: Commencing at a point formed by the intersection of the thirty-third degree of longitude west from Washington with the fortyfirst degree of north latitude; thence along said thirty-third degree of longitude to the crest of the Rocky Mountains; thence northward along the said crest of the Rocky Mountains to its intersection with the fortyfourth degree and thirty minutes of north latitude; thence eastward along said forty-fourth degree thirty minutes north latitude to the thirty-fourth degree of longitude west from Washington; thence northward along said thirty-fourth degree of longitude to its intersection with the forty-fifth degree north latitude; thence eastward along said forty-fifth degree of north latitude to its intersection with the twenty-seventh degree of longitude west from Washington; thence south along said twenty-seventh degree of longitude west from Washington to the forty-first degree north latitude; thence west along said forty-first degree of latitude to the place of beginning, shall be, and is hereby, incorporated temporarily into and made part of the Territory of Dakota. APPROVED, May 26, 1864.

May 26, 1864. CHAP. XCVL-An Act for the Classification of the Clerks to Paymasters in the Navy, and graduating their Pay.

Pay of clerks

to paymasters in the navy.

Clerks not al

lowed to certain paymasters.

May 28, 1864.

1863, ch. 37.

Vol. xii. p. 652.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the annual pay of clerks to paymasters in the navy shall be as follows, namely:—

Clerks to paymasters at the Boston, New York, Washington, and Philadelphia stations, twelve hundred dollars.

At other stations, one thousand dollars.

Clerks to inspectors in charge of provisions and clothing at Boston, New York, and Philadelphia, twelve hundred dollars.

At other inspections, one thousand dollars.

Clerks to paymasters in receiving-ships at Boston and New York, twelve hundred dollars.

In other receiving-ships, and in vessels of the first rate, and at the naval academy, one thousand dollars.

Clerks to fleet-paymasters and to paymasters of vessels of the second rate, eight hundred dollars.

Clerks to paymasters of vessels of the third rate, having complements of more than one hundred and seventy-five persons, and to paymasters of supply-steamers and store-vessels, seven hundred dollars: Provided, That no paymaster or assistant paymaster shall be allowed a clerk in a vessel having the complement of one hundred and seventy-five persons or less, excepting in supply-steamers and store-vessels: And provided, further, That nothing in this act shall be construed to alter the pay now allowed by law to the paymaster's clerk at Mare Island.

APPROVED, May 26, 1864.

CHAP. XCVII.-An Act making Appropriations for the Payment of the Awards made by the Commissioners appointed under and by virtue of an Act of Congress entitled "An Act for the Relief of Persons for Damages sustained by Reason of the Depredations and Injuries by certain Bands of Sioux Indians." Approved, February sixteenth, eighteen hundred and sixty three.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the sum of nine hundred

and twenty-eight thousand four hundred and eleven dollars, or so much Appropriations to pay awards of thereof as may be necessary, be, and the same is hereby, appropriated, out damages done of any money in the treasury not otherwise appropriated, for the payment by the Sioux Inof the several amounts awarded by the commission appointed under and dians. by virtue of an act of congress entitled "An act for the relief of persons for damages sustained by reason of the depredations and injuries by certain bands of Sioux Indians," approved February sixteen, eighteen hundred and sixty-three, to the several persons, firms, estates, and corporations, respectively, to whom such amounts were awarded by said commissioners, except the following persons, estates, and firms to whom awards were made as aforesaid, to wit: Antoine Roberts, J. C. Toberer, Gilbault and Company, W. L. Sumner, G. L. Mendelsohn, D. C. Marvin, Joseph Popp, B. Heinbach, W. W. Pendergast, Louis Theobald, J. and C. M. Dailey, B. H. Randall, Louis Robert, W. H. Forbes, estate of S. B. Garvie, deceased, A. Vajen and Brother, T. I. Pierce, estate of Francis Labathe, deceased, S. A. Hooper, estate of James C. Dickenson, deceased, Henry Apple, Theodore Crone, Charles Jacobs, F. Immel, H. C. Cooper, H. D. Cunningham, Joseph Descoteau, and Henry Behnke, which last claim is numbered 366 on the books of said commissioners.

Appropriation to pay awards to persons, &c., specially named.

SEC. 2. And be it further enacted, That for the payment of so much of said awards made by said commissioners to the persons, firms, and estates specifically named in the first section of this act, as the Secretary of the Interior shall upon examination find to be due to them respectively, under said act approved February sixteen, anno Domini, eighteen hundred and sixty-three, the further sum of two hundred and forty-one thousand nine hundred and sixty-three dollars, or so much thereof as may be necessary, be, and the same is hereby, appropriated out of any money in the treasury not otherwise appropriated. And the Secretary of the Interior is hereby Secretary of authorized and directed to pay to the said several claimants, or to their Interior to pay attorneys heretofore or hereafter duly authorized, other than those claim- attorneys. ants specifically named in the first section of this act, the several amounts as awarded by said commissioners, and also to pay the several sums he may find due, not exceeding the amounts respectively awarded by said commissioners to the said persons, firms, and estates so specifically named.

APPROVED, May 28, 1864.

claimants or their

CHAP. XCVIII.- An Act authorizing the Establishment of Ocean Mail Steamship Service May 28, 1864. between the United States and Brazil.

communication

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Postmaster-General be, Monthly mail and he is hereby, authorized to unite with the general post-office depart- between Brazil ment of the empire of Brazil, or such officer of the government of Brazil and the United as shall be authorized to act for that government, in establishing direct States, by firstmail communication between the two countries by means of a monthly steamships. class sea-going line of first-class American sea-going steamships, to be of not less than two thousand tons burden each, and of sufficient number to perform twelve round trips or voyages per annum between a port of the United States, Route of voynorth of the Potomac river, and Rio de Janeiro, in Brazil, touching at Saint age. Thomas, in the West Indies, at Bahia, Pernambuco, and such other Brazilian and intermediate port or ports as shall be considered necessary and expedient; Provided, That the expense of the service shall be divided between the two governments; and that the United States portion thereof shall not exceed the sum of one hundred and fifty thousand dollars for the United States performance of twelve round trips per annum, to be paid out of any &c. not to exceed, money appropriated for the service of the post-office department.

Expenses to be divided; share of the

Postmaster to

SEC. 2. And be it further enacted, That the Postmaster-General be, invite proposals, and he is hereby, authorized to invite proposals for said mail steamship and contract

with lowest résponsible bidder.

Proviso.

Proposals to be accepted by Brazil, &c.

Contract to go into effect before Sept. 1, 1865.

Stipulations of

contract.

These steamships to be exempt from certain port-charges, &c., if, &c.

service by public advertisement for the period of sixty days in one or more newspapers published in the cities of Washington, Baltimore, Philadelphia, New York, and Boston, respectively, and to contract with the lowest responsible bidder for the same for a term of ten years, to_commence from the day the first steamship of the proposed line shall depart from the United States with the mails for Brazil: Provided, That proposals for monthly trips that is to say, for twelve round voyages per annum, out and back are received and accepted by him within the limit as aforesaid, from a party or parties of undoubted responsibility, possessing ample ability to furnish the steamships required for the service, and offering good and sufficient sureties for the faithful performance of such contract: And provided, further, That such proposals shall be accepted by the government of Brazil, and that distinct and separate contracts with each government, containing similar provisions, shall be executed by such accepted bidder or bidders; each government to be responsible only for its proportion of the subsidy to be paid for the service.

SEC. 3. And be it further enacted, That any contract which the Postmaster-General may execute under the authority of this act shall go into effect on or before the first day of September, one thousand eight hundred and sixty-five; and shall, in addition to the usual stipulations of ocean mail steamship contracts, provide that the steamships offered for the service shall be constructed of the best materials and after the most approved model, with all the modern improvements adapted for sea-going steamships of the first class; and shall, before their approval and acceptance by the Postmaster-General, be subject to inspection and survey by an experienced naval constructor, to be detailed for that purpose by the Secretary of the Navy, whose report shall be made to the Postmaster-General; that the two governments shall be entitled to have transported, free of expense, on each and every steamer, a mail-agent to take charge of and arrange the mail matter, to whom suitable accommodations for that purpose shall be assigned; that in case of failure from any cause to perform any of the regular monthly voyages stipulated for in the contract, a pro rata deduction shall be made from the compensation, on account of such omitted voyage or voyages; that suitable fines and penalties may be imposed for delays and irregularities in the regular performance of the service according to contract; and that the Postmaster-General shall have the power to determine the contract at any time, in case of its being underlet or assigned to any other party.

SEC. 4. And be it further enacted, That the mail steamships employed in the service authorized by this act shall be exempt from all port-charges and custom-house dues at the port of departure and arrival in the United States: Provided, That a similar immunity from port-charges and customhouse dues is granted by the government of Brazil.

APPROVED, May 28, 1864.

May 28, 1864. CHAP. XCIX.—An Act for the Relief of the Citizens of Denver, in the Territory of

in Denver may be entered, for the use of the town, at the

minimum price.

Colorado.

Be it enacted by the Senate and House of Representatives of the United Certain lands States of America in Congress assembled, That the provisions of an act of congress entitled "An act for the relief of the citizens of towns upon the lands of the United States, under certain circumstances," approved May twenty-third, eighteen hundred and forty-four, be so extended as to authorize the probate judge of Arapahoe county, in the territory of Colorado, to enter, at the minimum price, in trust for the several use and benefit of the rightful occupants of said land and the bona fide owners of the improvements thereon, according to their respective interests, the following legal subdivisions of land, or such portions thereof as are settled and actually occupied for town purposes by the town of Denver aforesaid,

1844, ch. 17,

Vol. v. p. 657.

the aforesaid moneys shall have been expended; and no expenditure Expenditures by the legislashall be made by said legislative assembly for objects not specially au- tive assembly. thorized by the acts of congress making the appropriations, nor beyond the sums thus appropriated for such objects.

SEC. 12. And be it further enacted, That the legislative assembly of First session of the Territory of Montana shall hold its first session at such time and place assembly. in said territory as the governor thereof shall appoint and direct; and at said first session, or as soon thereafter as they shall deem expedient, the governor and legislative assembly shall proceed to locate and establish the seat of government for said territory at such place as they may deem eligible: Provided, That the seat of government fixed by the governor and legislative assembly shall not be at any time changed except by an ment. act of the said assembly duly passed, and which shall be approved, after due notice, at the first general election thereafter, by a majority of the legal votes cast on that question.

Seat of govern

congress.

SEC. 13. And be it further enacted, That a delegate to the house of Delegate in representatives of the United States, to serve for the term of two years, who shall be a citizen of the United States, may be elected by the voters qualified to elect members of the legislative assembly, who shall be entitled to the same rights and privileges as are exercised and enjoyed by the delegates from the several other territories of the United States to the said house of representatives; but the delegate first elected shall hold his seat only during the term of the congress to which he shall be elected. The first election shall be held at such time and places, and be conducted in such manner, as the governor shall appoint and direct; and at all subsequent elections the time and places, and manner of holding the elections, shall be prescribed by law. The person having the greatest Plurality of number of legal votes shall be declared by the governor to be duly elected, and a certificate thereof shall be given accordingly. That the constitution and all laws of the United States, which are not locally inapplicable, shall have the same force and effect within the said Territory of Montana as elsewhere within the United States.

SEC. 14. And be it further enacted, That when the lands in the said territory shall be surveyed under the direction of the government of the United States, preparatory to bringing the same into market, sections numbered sixteen and thirty-six in each township in said territory shall be, and the same are hereby, reserved for the purpose of being applied to schools in said territory and in the states and territories hereafter to be. erected out of the same.

votes to elect.

Constitution

and laws of the be in force.

United States to

School lands.

tricts.

SEC. 15. And be it further enacted, That, until otherwise provided by Judicial dislaw, the governor of said territory may define the judicial districts of said territory, and assign the judges who may be appointed for said territory to the several districts, and also appoint the times and places for holding courts in the several counties or subdivisions in each of said judicial districts, by proclamation to be issued by him; but the legislative assembly, at their first or any subsequent session, may organize, alter, or modify such judicial districts, and assign the judges, and alter the times and places of holding the courts, as to them shall seem proper and convenient.

SEC. 16. And be it further enacted, That all officers to be appointed by the President of the United States, by and with the advice and consent of the Senate, for the Territory of Montana, who, by virtue of the provisions of any law now existing, or which may be enacted by congress, are required to give security for moneys that may be intrusted with them for disbursement, shall give such security at such time and in such manner as the Secretary of the Treasury may prescribe.

Disbursing officers to give security.

observed.

SEC. 17. And be it further enacted, That all treaties, laws, and other Treaties with engagements made by the government of the United States with the Indians to be Indian tribes inhabiting the territory embraced within the provisions of this act, shall be faithfully and rigidly observed, anything contained in this

Company to file map showing location.

Secretary of

said town as may be found practicable, and not further north of said town than the north line of section twenty-two, township eighty north, of range nineteen, according to the United States surveys, if the citizens of the county of Jasper shall first pay to said company the difference in cost, if any, between the line proposed by the company and the one contemplated by this proviso, including extra cost of right of way, if any, said difference in cost to be estimated by competent engineers to be selected by the parties.

SEC. 2. And be it further enacted, That whenever such new location shall have been established, the said railroad company shall file in the general land-office at Washington a map, definitely showing such new location; and the Secretary of the Interior shall cause to be certified and Interior to certify conveyed to said company from time to time, as the road progresses, out and convey lands to company. of any public lands now belonging to the United States not sold, reserved, or otherwise disposed of, or to which a preemption claim or right of homestead settlement has not attached, and on which a bona fide settlement and improvement has not been made under color of title derived from the United States or from the State of Iowa, within six miles of such newly located line, an amount of land per mile equal to that originally authorized to be granted to aid in the construction of said road by the act to which this is an amendment; and if the amount of land granted by the original act to aid in the construction of said railroad shall not be found within the limit of six miles from such line, then such selections may be made along such line within twenty miles thereof: Provided, That the said company shall not be entitled to, and shall not receive, any land under this grant which is situate within fifteen miles of the line of the Burlington and Missouri River Railroad, as indicated by the map of said road, now on file in the general land-office.

Limits of selections. Proviso.

The Burlington and Missouri to receive lands.

River R. R. Co.

Limits of selections.

The Cedar

souri River R. R.

its location and

on.

SEC. 3. And be it further enacted, That the Burlington and Missouri River Railroad Company, a corporation organized under the laws of the State of Iowa, and to which said state granted a portion of the land-grant mentioned in the title of this act to aid in the construction of a railroad from Burlington in said state to the Missouri River, shall be entitled to receive, and the Secretary of the Interior shall cause to be certified and conveyed to said company from time to time, as the road progresses, out of any public lands now belonging to the United States not sold, reserved, or otherwise disposed of, or to which a preemption claim or right of homestead settlement has not attached, and on which a bona fide settlement and improvement has not been made under color of title derived from the United States or from the State of Iowa, within six miles of said road, as now located, an amount of land per mile equal to that mentioned in the act to which this act is an amendment, as intended to aid in the construction of said road; and if the amount of land granted by the original act to aid in the construction of said road shall not be found within the limit of six miles from the line of said road, then such selections may be made along such line within twenty miles thereof.

SEC. 4. And be it further enacted, That the Cedar Rapids and MisRapids and Missouri River Railroad Company, a corporation established under the laws Co. may change of the State of Iowa, and to which the said state granted a portion of the land mentioned in the title to this act, may modify or change the location have lands there- of the uncompleted portion of its line, as shown by the map thereof now on file in the general land-office of the United States, so as to secure a better and more expeditious line to the Missouri River, and to a connection with the Iowa branch of the Union Pacific Railroad; and for the purpose of facilitating the more immediate construction of a line of railroads across the State of Iowa, to connect with the Iowa branch of the Union Pacific Railroad Company, aforesaid, the said Cedar Rapids and Missouri River Railroad Company is hereby authorized to connect its line by a branch with the line of the Mississippi and Missouri Railroad