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PRIVATE ACTS OF THE FORTIETH CONGRESS

OF THE

UNITED

STATES,

Passed at the Third Session, which was begun and held at the City of

Washington, in the District of Columbia, on Monday, the seventh day of December, A. D. 1868, and was adjourned without day on Thursday, the fourth day of March, A. D. 1869.

ANDREW JOHNSON, President. BENJAMIN F. WADE, President of the

Senate. SCHUYLER COLFAX, Speaker of the House of Representatives, until the third day of March, A. D. 1869, on which day he resigned, and THEODORE M. POMEROY was elected Speaker, and so acted for the remainder of the session.

CHAP. I. - An Act to relieve from Disabilities Franklin J. Moses, a Citizen of South Dec. 11, 1868.

Carolina. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, (two-thirds of each house concur Franklin J. ring therein.) That all political disabilities imposed on Franklin J. Moses, Moses relieved a citizen of South Carolina, by reason of the third section of the four- abilities. teenth article of the amendments to the Constitution of the United States, be, and the same are hereby, removed.

APPROVED, December 11, 1868.

CHAP. III. - An Act to authorize the Secretary of State to adjust the Claim of Gustavus Dec. 15, 1868.

G. Cushman for Office Rent while Commissioner under the Reciprocity Treaty. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of State is Accounts of hereby authorized to reopen and adjust the accounts of Gustavus G. Gustavus G.

Cushman to be Cushman, late commissioner of fisheries under the late reciprocity treaty adjusted. with Great Britain, so far as relates to a claim for office rent, upon the See Vol. xvi. same basis as allowed to all the successors of said Cushman in said office. p. 10.

APPROVED, December 15, 1868.

CHAP. V. - An Act to relieve certain Persons of all political Disabilities imposed by the Dec. 22, 1868.

Fourteenth Article of the Amendments to the Constitution of the United States.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, (two-thirds of each house con-

Removal of curring therein,) That all political disabilities imposed by the fourteenth Plies from cer

political disabilarticle of the amendments of the Constitution of the United States upon tain persons. the following citizens of South Carolina, viz: Andrew Ramsey, of Edgefield county; W. L. Hewiotz, of Sumter county; William A. McDaniels, James Harrison, and John H. Goodwin, of Greenville county ; William J. Mixson, of Barnwell county; Johnson J. Knox, of Sumter county ;

J. J. Klein, John W. Burbridge, and Charles B. Farmer, of Colleton county; and George Buist, of Charleston county; A. L. McCaslan and William Hill, of Abbeville county; John F. Porteous, of Beaufort county ; C. W. McFadden, of Chester county ; R. H. Edmunds, of Fairfield county; Alexander McBee, H. M. Smith, and William E. Earle, of Greenville county ; W. H. Langston, of Laurens county ; John C. Secrest, of Lancaster county ; Julius L. Shanklin, of Oconee county; Thompson H. Cooke, George Boliver, and William N. Mount, of Orangeburg county ; Spartan D. Goodlett, R. E. Holcombe, John W. Singleton, L. N. Robbins, and James E. Hagood, of Pickens county; John Heart and William H. Tally, of Richland county; P. Quin Camp and A. E. Smith of Spartanburg county ; R. L. Heriot, of Sumter county; and Charles W. Geddes, of Charleston county, South Carolina ; and Edward Cantwell, of Hanover county; and W. J. Clarke, of Craven county, North Carolina; and DeWitt C. Senter, of Granger county, Tennessee ; on account of participation in the recent rebellion, be, and the same bereby are, removed.

APPROVED, December 22, 1868.

Jan. 6, 1869.

CHAP. VI. – An Act for the Relief of Joseph Moorehead.
Be it enacted by the Senate and House of Representatives of the United

States of America in Congress assembled, That Joseph Moorehead, of Joseph Moore- Ohio, lately a passed midshipman in the United States navy, now insane, mitted into the shall be admitted as a patient into the naval and military asylum for the asylum for the insane, at Washington City, District of Columbia, and remain therein so insane in Washington, D. C. long as he shall continue insane and his guardian shall so desire.

APPROVED, January 6, 1869.

Jan. 8, 1869. CHAP. VIII. - An Act to relieve from Disabilities John G. Stokes, a Citizen of Alabama.

Be it enacted by the Senate and House of Representatives of the United John G. Stokes States of America in Congress assembled, (two thirds of each house conrelieved of polit- curring therein,) That all political disabilities imposed on John G. Stokes, ical disabilities.

a citizen of Alabama, by reason of the fourteenth article of the amendments to the Constitution of the United States, be, and the same are hereby, removed.

APPROVED, January 8, 1869.

Jan. 14, 1869. CHAP. X. – An Act for the Relief of Mrs. Emma Wilson, of the State of Indiana.

Be it enacted by the Senate and House of Representatives of the United Payment to

States of America in Congress assembled, That the Secretary of the TreasMrs. Emma Wilson.

ury be authorized to pay to Mrs. Emma Wilson, of Indiana, one quarter's salary of her deceased husband, James Wilson, as minister to Venezuela.

APPROVED, January 14, 1869.

Jan. 18, 1869. CHAP. XI. - An Ad to provide for the Removal of the Remains of Hon. W. T. Cogges

hall, late Minister of the United States at Ecuador, to the United States.

Be it enacted by the Senate and House of Representatives of the United Remains of States of America in Congress assembled, That the Secretary of State be, William T. Coggeshali to be and hereby is, authorized to provide for the removal of the body of Honremoved to the orable William T. Coggeshall, late minister of the United States at EcuaUnited States.

dor, to the United States, and that of his daughter; and that a sum not exceeding one thousand dollars be, and hereby is, appropriated, out of any money not otherwise appropriated, to defray the expense of said removal; and that the sum of one thousand dollars be, and is hereby, appropriated for the relief of the family of the deceased W. T. Coggeshall

. APPROVED, January 18, 1869.

CHAP. XII. - An Act to relieve William A. Bagley, of Wake County, North Carolina. Jan. 18, 1869.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, (two thirds of each house concur William H. ring therein,) That all political disabilities imposed by the third section Bagley relieved of the fourteenth article of the amendments to the Constitution of the disabilities. United States be, and the same are hereby, removed from William H. Bagley, of the county of Wake, in the State of North Carolina.

APPROVED, January 18, 1869.

CHAP. XIV.-An Act to relieve from Disabilities R. W. Best and Samuel F. Phillips, Jan. 23, 1889.

of North Carolina. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, two thirds of each house con

R. W. Best

and Samuel F. curring) That all political disabilities imposed by the United States upon Phillips relieved R. W. Best and Samuel F. Phillips, of North Carolina, in consequence from political

disabilities. of participation in the recent rebellion, be, and the same are hereby, removed.

APPROVED, January 22, 1869. .

lister.

CHAP. XVII. - An Act for the Relief of Rufus M. Hollister, of Janesville, Wisconsin. Jan. 80, 1869.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Treas- Payment to

Rufus M. Holury be, and he is hereby, authorized and directed to pay to Rufus M. Hollister, of Janesville, Wisconsin, the sum of five hundred dollars, out of any money in the treasury not otherwise appropriated, to reimburse the said Hollister for that sum, in seven-thirty bonds of the United States, lost and destroyed by fire on the sixteenth of June, eighteen hundred and sixty-six.

APPROVED, January 30, 1869.

CHAP. XVIII. – An Act confirming Tille to Little Rock Island,in the Mississippi Jan. 80, 1869.

River.
Whereas, according to the official plat of the survey of the public land

Preamble. returned to the general land office by the surveyor-general, a certain island, in the Mississippi River, known as Little Rock Island, and situate opposite the city of Clinton, in the State of Iowa, was surveyed and platted as being within the district of lands subject to entry and sale at the government land office at Dubuque, in the Territory of Iowa ; and whereas said island was entered by Jonathan L. Pearce, junior, at said government land office at Dubuque, as appears by cash certificate num ber three thousand three hundred and twenty-six, and was subsequently granted by the United States to said Jonathan L. Pearce, junior, by letters patent, dated the first day of January, A. D. eighteen hundred and forty-six, and recorded in volume seven, page two hundred and ten, of patents, in which said letters patent said island is described as being « Little Rock Island, in the Mississippi River, in township eighty-one north, of range seven east, of the fifth principal meridian, in the district of lands subject to sale at Dubuque, Iowa Territory, containing thirtynine acres and four hundredths of an acre " ; and whereas said island is situated east of the main channel of the Mississippi River, in the State of Illinois, in the district of lands subject to sale at Springfield, in said Illinois : Now, therefore,

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the title to the said island

Title to “Lit

tle Rock Island" be, and the same is hereby, ratified and confirmed to the said Jonathan L. confirmed to Pearce, junior, and his grantees, fully, in like manner and effect, and in Jonathan L.

Pearce, Jr.

Proviso.

all respects to the same intent and purpose, as if the laws of the United States respecting the survey, entry, and sale of the public land had been fully and in every respect complied with and observed : Provided, That this act shall not be construed to deprive any other person

of

any right or title to said land acquired from the United States.

APPROVED, January 30, 1869.

Feb. 2, 1869.

Payment to Commander John L. Davis.

CHAP. XXII. An Act for the Relief of Commander John L. Davis. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the proper accounting officer of the treasury pay to commander John L. Davis two hundred and seventy-one dollars and ninety-one cents out of any money in the treasury not otherwise appropriated.

APPROVED, February 2, 1869.

Feb. 9, 1869.

Payment to John H. Osler.

CHAP. XXV. - An Act for the Relief of John H. Osler, of Guernsey County, Ohio.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there be paid to John H. Osler, late first lieutenant twenty-sixth regiment 0. V.İ.

, the pay of a first lieutenant of infantry from the thirty-first of July to the fourth of October, eighteen hundred and sixty-five.

APPROVED, February 9, 1869.

Feb. 9, 1869. CHAP. XXVI. - An Act lo confirm the Tille to certain Land to the Pueblo of Santa

Ana, in the Territory of New Mexico. Be it enacted by the Senate and House of Representatives of the United Title to cer States of America in Congress assembled, That the lands claimed by and tain lands in New Mexico, con

belonging to the pueblo of Santa Ana, in the Territory of New Mexico, firmed to the lying upon the Jernez or Santa Ana river, and not exceeding four square pueblo of Santa leagues in extent, as reported by the surveyor-general of said Territory

in his report to the Secretary of the Interior, of January fifth, eighteen hundred and sixty-seven, be, and the same is hereby, confirmed, and the commissioner of the general land office shall issue the necessary instructions for the survey of said claim, and upon the return and filing

in his office of such survey and plot, said commissioner shall issue a Proviso. patent therefor: Provided, however, That the confirmation shall only be

construed as a relinquishment of title on the part of the United States, and shall not affect any adverse valid right, should any such exist.

APPROVED, February 9, 1869.

Feb. 16, 1869.

CHAP. XXVII. An Act for the Relief of Jane McMurray.

Be it enacted by the Senate and House of Representatives of the United Pension to

States of America in Congress assembled, That the Secretary of the InteJane McMurray. rior is hereby authorized and directed to allow and pay to Jane McMur

ray, of Carlisle, Pennsylvania, widow of Ezekiel McMurray, a soldier of the war of eighteen hundred and twelve, a pension at the rate of eight dollars per month, in lieu of the sum of four dollars per month now received by her, to commence from the fourteenth day of July, eighteen hundred and sixty-two.

APPROVED, February 16, 1869.

CHAP. XXVIII. - An Act granting a Pension to the Widow and Child of Martin Feb. 16, 1869.

Whitt, deceased.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That the Secretary of the Inte-

Pension to rior is hereby authorized and directed to place on the pension roll, sub- Margaret Whitt. ject to the provisions and limitations of the pension laws, the name of Margaret Whitt, widow of Martin Whitt, late a private in comparty B, fourth regiment Kentucky volunteers, and allow and pay her a pension, commencing September nineteenth, eighteen hundred and sixty-three.

APPROVED, February 16, 1869.

CHAP. XXIX. - An Act granting a Pension to Anne Dycher, Widow of Matthew D. Feb. 16, 1889.

Dycher.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That the Secretary of the Inte-

Pension to

Anne Dycher. rior is hereby authorized and directed to place the name of Anne Dycher, widow of Matthew D. Dycher, late a sergeant in company M, first regiment New York cavalry volunteers, on the pension roll, at the rate of eight dollars per month, to commence from the first day of April, eighteen hundred and sixty-four, and to continue during her widowhood.

APPROVED, February 16, 1869.

CHAP. XXX. — An Act granting a Pension to Elizabeth J. Miller, Widow of General Feb. 16, 1869.

John Miller.
Be it enacted by the Senate and House of Representatives of the United

Pension to States of America in Congress assembled, That the Secretary of the Inte

Elizabeth J. Milrior is hereby authorized and directed to place upon the pension rolls, ler. subject to the provisions and limitations of the pension laws, the name of Elizabeth J. Miller, widow of General John Miller, of Kentucky, and to allow and pay her a pension at the rate of thirty dollars per month, to commence from the thirtieth day of August, eighteen hundred and sixty-two, and to continue during her widowhood.

APPROVED, February 16, 1869.

Pension to

CHAP. XXXIX. · An Act granting a Pension to Daniel Hauser, a Citizen of North Feb. 19, 1869.

Carolina, and a Soldier of the War of eighteen hundred and twelve.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That the Secretary of the Inte-

Daniel Hauser. rior be, and he is hereby, required to place the name of Daniel Hauser, now a citizen of Forsyth county, North Carolina, a soldier of the war of eighteen hundred and twelve, who served in the fifth regiment of North Carolina militia, upon the pension roll; and that the said Daniel Hauser be paid out of the pension fund the sum of eight dollars

per

month from the first day of January, eighteen hundred and sixty-nine, during the remainder of his natural life.

APPROVED, February 19, 1869.

CHAP. XL. · An Act for the Relief of William Grant Powers.

Feb. 19, 1869. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Inte

William Grant

Powers may be rior be, and he is hereby, authorized to admit into the government admitted into hospital for the insane, in the District of Columbia, William Grant the hospital for Powers, an insane person, son of Mrs. Eliza H. Powers, widow, an the insane in the

District of employee of the government in the Post-Oflice Department.

Columbia. APPROVED, February 19, 1869.

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