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the United States, on the nomination of the gov- [ ernors of the States and Territories respectively. In the same manner there shall be appointed one commissioner from each State and Territory of the United States, who shall assume the place and perform the duties of such commissioner or commissioners as may be unable to attend the meetings of the commission. The commission shall hold its meetings in the city of Philadelphia. The commission shall report to Congress at the first session after its appointment a suitable date for opening and for closing the exhibition; a schedule of appropriate ceremonies for opening or dedicating the same; a plan or plans of the buildings; a complete plan for the reception and classification of articles intended for exhibition; the requisite custom-house regulations for the introduction into this country of the articles from foreign countries intended for exhibition; and such other matters as in their judgment may be important. No compensation for services shall be paid to the commissioners or other officers provided by this act from the treasury of the United States; and the United States shall not be liable for any expenses attending such exhibition, or by reason of the same. Whenever the President shall be informed by the governor of Pennsylvania that provision has been made for the erection of suitable buildings, and for the exclusive control by the commission of the proposed exhibition, the President shall make proclamation of the same, setting forth the time at which the exhibition will open and the place at which it will be beld; and he shall communicate to the diplomatic representatives of all nations copies of the same, together with such regulations as may be adopted by the commissioners, for publication in their respective countries.
CHAP. CX.-Bridges over the Mississippi and the Missouri.-The Louisiana and Missouri Railroad Company may bridge the Mississippi at the city of Louisiana; and the same company may bridge the Missouri near Glasgow. The bridges to be not less than fifty feet above the water, or draw-bridges, as preferred. They are to be post-roads.
equity within the United States, and may make and use a common seal: and the said corporation is hereby authorized and empowered to lay out, locate, construct, furnish, maintain, and enjoy a continuous railroad and telegraph line, with the appurtenances, from a point at or near Marshall, county of Harrison, Texas; 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 southeastern boundary of California; thence by the most direct and eligible route to San Diego, California, to ship's channel, in the bay of San Diego, California, pursuing in the location thereof, as near as may be, the thirty-second parallel of north latitude, and is hereby vested with all the powers, privileges, and immunities necessary to carry into effect the purposes of this act. The capital stock is not to exceed $50,000,000, in shares of $100. Right of way, and alternate sections of public land, are granted, with the usual provisions for conveyance, sale, &c. The face value of bonds issued by the company 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 construction bonds to be issued shall not exceed thirty thousand dollars per mile of said railroad, and the total face value of the land bonds shall not exceed two dollars and fifty cents per acre for all lands mortgaged; the total amount of each to be determined by the board of directors. The road shall be constructed 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 hereby incorporated. The company shall commence the construction of its road simultaneously at San Diego, California, and from a point at or near Marshall, Texas, and so prosecute the same as to have at least fifty con
CHAP. CXVI.-Claims of Loyal Citizens.secutive miles of railroad from each of said The second section of the Army Appropriation points complete and in running order within two bill provides for a board of three commission- years after the passage of this act; and to so ers, to be appointed by the President, who shall continue to construct each year thereafter a consider the justice and validity of such claims sufficient number of miles to secure the compleas shall be brought before them, of those citizens tion of the whole line from the aforesaid point who remained loyal adherents to the cause and on the eastern boundary of the State of Texas to the government of the United States during the the bay of San Diego, California, within ten war, for stores or supplies taken or furnished years after the passage of this act; and upon during the rebellion for the use of the army of failure to so complete it, Congress may adopt the United States in States proclaimed as in in- such measures as it may deem necessary and surrection against the United States, including proper to secure its speedy completion. The the use and loss of vessels or boats while em- road is to be a military and post-route. Other ployed in the military service of the United railroads may cross or connect with this one. States. The board sits in Washington, and provision is made for their guidance; they must report fully upon all claims presented.
CHAP. CXXIV.--Redemption of Small Coins. Provides for the redemption at the Treasury Department of copper, bronze and nickel coins, when presented in sums of not less than $20.
CHAP. CXXII.-Texas Pacific Railroad.This act names certain persons" who are hereby created a body politic and corporate in fact and in law, by the name, style, and title of the Texas Pacific Railroad 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
No. 7.-San Domingo.-The President to appoint three commissioners, to serve without pay, who shall ascertain and report the political state and condition of the Republic of Dominica,
the probable number of inhabitants, and the desire and disposition of the people of the said republic to become annexed to and to form part of the people of the United States; the physical, mental and moral condition of the said people, and their general condition as to material wealth and industrial capacity; the resources of the country; its mineral and agricultural products; the products of its waters and forests; the general character of the soil; the extent and proportion thereof capable of cultivation; the climate and health of the country; its bays, harbors and rivers; its general meteorological character, and the existence and frequency of remarkable meteorological phenomena; the debt of the government, and its obligations, whether funded, and ascertained, and admitted, or unadjusted and under discussion; treaties or engagements with other powers; extent of boundaries and territory; what proportion is covered by foreign claimants or by grants or concessions, and generally what concessions or franchises have been granted, with the names of the respective grantees; the terms and conditions on which the Dominican government may desire to be annexed to and become part of the United States as one of the Territories thereof; such other information with respect to the said government or its territories as to the said commissioners shall seem desirable or important with reference to the future incorporation of the said Dominican republic into the United States as one of its Territories.
No. 28.-Transporting Food to Europe.The President is authorized to cause to be stationed at New York, Boston and Philadelphia, if the same can be done without injury to the public service, one or more of our naval vessels,
to be there held in readiness to receive on board for transportation such supplies as may be furnished by the people of the United States for the destitute and suffering people-of France and Germany.
No. 48.-Bridge over the Wabash-Authorizes the Chicago and Illinois Southern Railroad Company to bridge the Wabash in White County, Ill.; to be a drawbridge, or if not, at a height that will not interfere with navigation.
No. 13.-Neutrality.-This is the usual caution against interference in the war between Germany and France.
No. 14.-Fenianism.-After reciting the operations of the Irish leaders, in projecting an invasion of Canada, the proclamation concludes: "Now, therefore, I, ULYSSES S. GRANT, President of the United States of America, do hereby declare and proclaim that all persons hereafter found within the territory or jurisdiction of the United States committing any of the afore-recited violations of law, or any similar violations of the sovereignty of 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 government, civil or military or naval, to use all efforts in his power to arrest, for trial and punishment, every such offender against the laws providing for the performance of our sacred obligations to friendly powers.
FORTY-SECOND CONGRESS-FIRST SESSION, COMMENCED MARCH 4, 1871- CLOSED APRIL 20, 1871.
CHAP. XXII.--Enforcing the Fourteenth Amendment.--This act provides that any person who, under color of any law, statute, ordinance, regulation, custom, or usage of any State, shall subject any person within the jurisdiction of the United States to the deprivation of any rights, privileges or immunities secured by the Constitution, shall, any such law, statute, ordinance, regulation, custom, or usage of the State to the contrary notwithstanding, be liable to the party injured in any action at law, suit in equity, or other proper proceeding for redress; such proceeding to be prosecuted in the several district or circuit courts of the United States, with and subject to the same rights of appeal, review upon error, and other remedies provided in like cases in such courts, and the other remedial laws of the United States which are in their nature applicable in such cases. That if two or more persons shall conspire together to overthrow, or to put down, or to destroy by force the government of the United States, or to levy war against the United States, or to oppose by force the authority of the government, or by force, intimidation, or threat to prevent, hinder, or delay the execution of any law of the United States, or by force to seize, take, or possess any property of the United States contrary to the authority thereof, or by force, intimidation, or threat to prevent any
person from accepting or holding any office of trust or place of confidence under the United States, or from discharging the duties thereof, or by force, intimidation, or threat to induce any officer of the United States to leave any State, district, or place where his duties as such officer might lawfully be performed, or to injure him in his person or property on account of his lawful discharge of the duties of his office, or to injure his person while engaged in the lawful discharge of the duties of his office, or to injure his property so as to molest, interrupt, hinder, or impede him in the discharge of his official duty, or by force, intimidation, or threat to deter any party or witness in any court of the United States from attending such court, or from testifying in any matter pending in such court fully, freely, and truthfully, or to injure any such party or witness in his person or property on account of his having so attended or testified, or by force, intimidation or threat to influence the verdict, presentment, or indictment of any juror or grand juror in any court of the United States, or to injure such juror in his person or property on account of any verdict, presentment, or indictment lawfully assented to by him, or on account of his being or having been such juror, or shall conspire together, or go in disguise upon the public highway or upon the premises of another for the purpose, either directly or
indirectly, of depriving any person or any class of persons of the equal protection of the laws, or of equal privileges or immunities under the laws, or for the purpose of preventing or hindering the constituted authorities of any State from giving or securing to all persons within such State the equal protection of the laws, or shall conspire together for the purpose of in any manner impeding, hindering, obstructing, or defeating the due course of justice in any State or Territory, with intent to deny to any citizen of the United States the due and equal protection of the laws, or to injure any person in his person or his prop erty for lawfully enforcing the right of any person or class of persons to the equal protection of the laws, or by force, intimidation, or threat to prevent any citizen of the United States lawfully entitled to vote from giving his support or advocacy in a lawful manner towards or in favor of the election of any lawfully qualified person as an elector of President or Vice-President of the United States, or as a member of the Congress of the United States, or to injure any such citizen in his person or property on account of such support or advocacy, each and every person so offending shall be deemed guilty of a high crime, and, upon conviction thereof in any district or circuit court of the United States, or district or supreme court of any Territory of the United States having jurisdiction of similar of fences, shall be punished by a fine not less than five hundred nor more than five thousand dollars, or by imprisonment, with or without hard labor, as the court may determine, for a period of not less than six months nor more than six years, as the court may determine, or by both such fine and imprisonment, as the court shall determine. And if any one or more persons engaged in any such conspiracy shall do, or cause to be done, any act in furtherance of the object of such conspiracy, whereby any person shall be injured in his person or property, or deprived of having and exercising any right or privilege of a citizen of the United States, the person so injured or deprived of such rights and privileges may have and maintain an action for the recovery of damages occasioned by such injury or deprivation of rights and privileges against any one or more of the persons engaged in such conspiracy, such action to be prosecuted in the proper district or circuit court of the United States, with and subject to the same rights of appeal, review upon error, and other remedies provided in like cases in such courts under the provisions of the act of April ninth, eighteen hundred and sixty-six, entitled "An act to protect all persons in the United States in their civil rights, and to furnish the means of their vindication." That in all cases where insurrection, domestic violence, unlawful combinations, or conspiracies in any State shall so obstruct or hinder the execution of the laws thereof, and of the United States, as to deprive any portion or class of the people of such State of any of the rights, privileges, or immunities, or protection, named in the Constitution and secured by this act, and the constituted authorities of such State shall either be unable to protect, or shall, from any cause, fail in or refuse protection of the people in such rights, such facts shall be deemed a denial by such State of the equal protection of the laws to which they are entitled under the
Constitution of the United States; and in all such cases, or whenever any such insurrection, violence, unlawful combination, or conspiracy shall oppose or obstruct the laws of the United States or the due execution thereof, or impede or obstruct the due course of justice under the same, it shall be lawful for the President, and it shall be his duty to take such measures, by the employment of the militia or the land and naval forces of the United States, or of either, or by other means, as he may deem necessary for the suppression of such insurrection, domestic violence, or combinations; and any person wh shall be arrested under the provisions of this and the preceding section shall be delivered to the marshal of the proper district, to be dealt with according to law. That whenever in any State or part of a State the unlawful combinations named in the preceding section of this act shall be organized and armed, and so numerous and powerful as to be able, by violence, to either overthrow or set at defiance the constituted authorities of such State, and of the United States within such State, or when the constituted authorities are in complicity with, or shall connive at the unlawful purposes of, such powerful and armed combinations; and whenever, by reason of either or all of the causes aforesaid, the conviction of such offenders and the preservation of the public safety shall become in such district impracticable, in every such case such combinations shall be deemed a rebellion against the government of the United States, and during the continuance of such rebeliion, and within the limits of the district which shall be so under the sway thereof, such limits to be prescribed by proclamation, it shall be lawful for the President of the United States, when in his judgment the public safety shall require it, to suspend the privileges of the writ of habeas corpus, to the end that such rebellion may be overthrown: Provided, That the President shall first have made proclamation, as now provided by law, commanding such insurgents to disperse. That any person or persons, having knowledge that any of the wrongs conspired to be done and mentioned in the second section of this act are about to be committed, and having power to prevent or aid in preventing the same, shall neglect or refuse so to do, and such wrongful act shall be committed, such person or persons shall be liable to the person injured, or his legal representatives, for all damages caused by any such wrongful act which such first-named person or persons by reasonable diligence could have prevented: and such damages may be recovered in an action on the case in the proper circuit court of the United States, and any number of persons guilty of such wrongful neglect or refusal may be joined as defendants in such action: Provided, That such action shall be commenced within one year after such cause of action shall have accrued; and if the death of any person shall be caused by any such wrongful act and neglect, the legal representatives of such deceased person shall have such action therefor, and may recover not exceeding five thousand dollars damages therein, for the ben efit of the widow of such deceased person, if any there be, or if there be no widow, for the benefit of the next of kin of such deceased person.
THE TREATY OF WASHINGTON.
This Treaty with Great Britain, signed at Washington, May 8, 1871, ratified on the 17th of June, and proclaimed by President Grant on the 4th of July, provides for the amicable settlement of all points of difference between the United States and Great Britain, more especially in the matters of the "Alabama claims" and the Canadian fisheries. We give all that is necessary to a clear understanding of the intent of the treaty.
" THE ALABAMA CLAIMS. "Whereas differences have arisen between the Government of the United States and the Government of Her Britannic Majesty, and still exist, growing out of the acts committed by the several vessels which have given rise to the claims generally known as the Alabama claims': And whereas Her Britannic Majesty has authorized her High Commissioners and Plenipotentiaries to express, in a friendly spirit, the regret felt by Her Majesty's Government for the escape, under whatever circumstances, of the Alabama and other vessels from British ports, and for the depredations committed by those vessels:
"Now, in order to remove and adjust all complaints and claims on the part of the United States, and to provide for the speedy settlement of such claims, which are not admitted by Her Britannic Majesty's Government, the High Contracting Parties agree that all the said claims, growing out of acts committed by the aforesaid vessels and generally known as the Alabama claims,' shall be referred to a Tribunal of Arbitration to be composed of five Arbitrators, to be appointed in the following manner, that is to say: One shall be named by the President of the United States; one shall be named by Her Britannic Majesty; His Majesty the King of Italy shall be requested to name one; the President of the Swiss Confederation shall be requested to name one; and His Majesty the Emperor of Brazil shall be requested to name one."
Provision is made for filling vacancies in the Board of Arbitrators, who are to meet at Geneva, Switzerland, at a convenient and early day, "and shall proceed impartially and carefully to examine and decide all questions that shall be laid before them on the part of the Governments of the United States and Her Britannic Majesty respectively. All questions considered by the Tribunal, including the final award, shall be decided by a majority of all the Arbitrators. Each of the High Contracting Parties shall also name one person to attend the Tribunal as its agent to represent it generally in all matters connected with the arbitration."
fitting out, arming, or equipping, within its jurisdiction, of any vessel which it has reasonable ground to believe is intended to cruise or to carry on war against a Power with which it is at peace; and also to use like diligence to prevent the departure from its jurisdiction of any vessel intended to cruise or carry on war as above, such vessel having been specially adapted, in whole or in part, within such jurisdiction, to warlike use.
Secondly, not to permit or suffer either belligerent to make use of its ports or waters as the base of naval operations against the other, or for the purpose of the renewal or augmentation of military supplies or arms, or the recruitment of men.
"Thirdly, to exercise due diligence in its own ports and waters, and, as to all persons within its jurisdiction, to prevent any violation of the foregoing obligations and duties.'
Her Britannic Majesty has commanded her High Commissioners and Plenipotentiaries to declare that Her Majesty's Government cannot assent to the foregoing rules as a statement of principles of International Law which were in force at the time when the claims mentioned in Article I arose, but that Her Majesty's Government, in order to evince its desire of strengthening the friendly relations between the two countries and of making satisfactory provision for the future, agrees that in deciding the questions between the two countries arising out of those claims, the Arbitrators should assume that Her Majesty's Government had undertaken to act upon the principles set forth in these rules. And the High Contracting Parties agree to observe these rules as between themselves in future, and to bring them to the knowledge of other maritime Powers, and to invite them to accede to them.
"The decision of the Tribunal shall, if possible, be made within three months from the close of the argument on both sides. It shall be made in writing and dated, and shall be signed by the Arbitrators who may assent to it. The said Tribunal shall first determine as to each vessel separately whether Great Britain has, by any act or omission, failed to fulfil any of the duties set forth in the foregoing three rules, or recognized by the principles of International Law not inconsistent with such rules, and shall certify such fact as to each of the said vessels. In case the Tribunal find that Great Britain has failed to fulfil any duty or duties as aforesaid, it may, if it think proper, proceed to award a sum in gross to be paid by Great Britain to the United States for all the claims referred to it; and in such case the gross sum so awarded shall be paid in coin by the Government of Great Britain to the Government of the United States, at Washington, within twelve months after the date of the award."
Each party pays its own commissioners and their expenses. Record of all proceedings is to be kept.
In case the Tribunal finds that Great Britain has failed to fulfil any duty as aforesaid, and does not award a sum in gross, the Contracting Parties agree that a Board of Assessors shall be appointed to determine what claims are valid, and what amount shall be paid by Great Britain to the United States on account of the liability
arising from such failure, as to each vessel, according to the extent of such liability as decided by the Arbitrators. The Board of Assessors shall be constituted as follows: One member thereof shall be named by the President of the United States, one member thereof shall be named by Her Britannic Majesty; and one member thereof shall be named by the Representative at Washington of the King of Italy: and in case of a vacancy it shall be filled in the same manner. As soon as possible after such nominations the Board of Assessors shall be organized in Washington. The members shall be bound to hear on each separate claim, if required, one person on behalf of each Government, as counsel or agent. A majority of the Assessors in each case shall be sufficient for a decision. Every claim shall be presented to the Assessors within six months from the day of their first meeting, but they may, for good cause shown, extend the time for the presentation of any claim to a further period not exceeding three mon hs. The Assessors shall report to each Government at or before the expiration of one year from the date of their first meeting the amount of claims decided by them up to the date of such report. All awards are payable in coin, at Washington, within twelve months.
"The High Contracting Parties engage to consider the result of the proceedings of the Tribunal of Arbitration and of the Board of Assessors, should such Board be appointed, as a fuli, perfect, and final settlement of all the claims herein before referred to; and further engage that every such claim, whether the same may or may not have been presented to the notice of, made, preferred, or laid before the Tribunal or Board, shall, from and after the conclusion of the proceedings of the Tribunal or Board, be considered and treated as finally settled, barred, and thenceforth inadmissible."
ALL OTHER CLAIMS.
The High Contracting Parties agree that all claims on the part of corporations, companies, or private individuals, citizens of the United States, upon the Government of Her Britannic Majesty, arising out of acts committed against the persons or property of citizens of the United States during the period between the thirteenth of April, 1861, and the ninth of April, 1865, inclusive, not being claims growing out of the acts of the vessels referred to in Article I of this Treaty, and all claims, with the like exception, on the part of corporations, companies, or private individuals, subjects of Her Britannic Majesty, upon the Government of the United States, arising out of acts committed against the persons or property of subjects of Her Britannic Majesty during the same period, which may have been presented to either Government for its interposition with the other, and which yet remain unsettled, as well as any other such claims which may be presented within the time specified in this Treaty, shall be referred to three Commissioners, to be appointed-One shall be named by the President of the United States, one by Her Britannic Majesty, and a third by the President of the United States and Her Britannic Majesty conjointly. The Commissioners shall meet at Washington at the earliest convenient period; and shall forthwith proceed to the investigation of the claims which shall be
presented. They shall investigate and decide such claims in such order and such manner as they may think proper, but upon such evidence or information only as shall be furnished by or on behalf of the respective Governments. They shall be bound to receive and consider all written documents or statements which may be presented to them by or on behalf of the respective Governments in support of, or in answer to. any claim, and to hear, if required, one person on each side, on behalf of each Government as counsel or agent for such Government, on each and every separate claim. A majority of the Commissioners shall be sufficient for an award in each case. The High Contracting Parties hereby engage to consider the decision of the Commissioners as absolutely final and conclusive upon each claim decided upon by them, and to give full effect to such decisions without any objection, evasion, or delay whatsoever.
Claims are to be presented within six months unless for satisfactory reasons, and are to be decided within two years, payment of awards to be made within a year, without interest.
It is agreed by the High Contracting Parties that British subjects shall have, in common with the citizens of the United States, the liberty, for the term of ten years, to take fish of every kind, except shell-fish, on the eastern sea-coasts and shores of the United States north of the thirtyninth parallel of north latitude, and on the shores of the several islands thereunto adjacent, and in the bays, harbors, and creeks of the said sea-coasts and shores of the United States and of the said islands, without being restricted to any distance from the shore, with permission to land upon the said coasts of the United States and of the islands aforesaid, for the purpose of drying their nets and curing their fish; provided that, in so doing, they do not interfere with the rights of private property, or with the fishermen of the United States in the peaceable use of any part of the said coasts in their occupancy for the same purpose. It is understood that the above-mentioned liberty applies solely to the sea fishery, and that salmon and shad fisheries, and all other fisheries in rivers and mouths of rivers, are hereby reserved exclusively for fishermen of the United States. Fish oil and fish of all kinds (except fish of the inland lakes, and of the rivers falling into them, and except fish preserved in oil), being the produce of the fisheries of the United States, or of the Dominion of Canada, or of Prince Edward's Island, shall he admitted into each country, respectively, free of duty.
The Treaty provides for commissions to settle any disputed poin's in the matter of the fisheries, and prescribes rules for their proceedings.
The navigation of the river St. Lawrence, from the forty-fifth parallel of north latitude, where it ceases to form the boundary between the two countries, from, to, and into the sea, shall forever remain free and open for the purposes of commerce to the citizens of the United States, subject to any laws and regulations of Great Britain, or of the Dominion of Canada, not inconsistent with such privilege of free navigation. The navigation of the rivers Yukon, Porcupine, and Stikine, from, to, and into the