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State of any amount which she has paid to her said militia, mentioned in said act, since the date of the passage of the same.

APPROVED, February 9, 1859.

[No. 7.] A Resolution for changing the Plan of the Custom-House at Galveston in the State of Texas.

Feb. 9, 1859.

Plan of customhouse at Galveston, Texas, may be changed.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Treasury be, and he is hereby authorized, to make such alterations of the dimensions and plan of the custom-house building constructing at Galveston, Texas, as he may deem best and as petitioned for by the people of Galveston: Provided the cost, when completed, does not exceed the amount already appropriated; and provided further, that the consent in writing of the contractors and their sureties for the construction of said custom-house to such alterations shall be first had and delivered to the tors to be first obSecretary of the Treasury.

APPROVED, February 9, 1859.

Proviso. Written consent of contrac

tained.

[No. 8.] Joint Resolution giving the Consent of Congress to the Acceptance by Captain Feb. 14, 1859. M. F. Maury and Professor Ä. D. Buche of Gold Medals from the Sardinian Govern

ment.

M. F. Maury and A. D. Bache may each accept

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That Captain M. F. Maury and Professor A. D. Bache be, and [they] are hereby, authorized to accept, respectively, a gold medal tendered to each of them by the Sardinian a gold medal. government as a mark of its appreciation of their scientific labors and achievements.

APPROVED, February 14, 1859.

[No. 9.] Joint Resolution in Relation to the Tobacco Trade of the United States with Foreign Nations.

Feb. 14, 1859.

restrictions on

tobacco

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the trade in tobacco with Great Britain, France, Spain, Portugal, Austria, Brazil, and other foreign nations, is clogged with restrictions and limitations wholly inconsistent Unsatisfactory with that fair and reciprocal condition of commerce which ought to exist the between the United States and those nations respectively, and is therefore trade. unsatisfactory to the States of Virginia, Kentucky, Maryland, North Carolina, Missouri, Tennessee, Ohio, and Connecticut, and other tobacco growing States, in which that article is an important, if not the chief, staple of agricultural production.

to have such re

2d. Resolved, That it is the duty of the federal government to use its utmost power, by negotiations or other constitutional means, to obtain a Duty of fedmodification or reduction on the part of said foreign nations of the duties eral government and restrictions imposed by them on the importation of American tobacco, strictions modiand to this end to employ all the diplomatic and commercial powers which fied. the constitution has confided to it in producing a more just and equal reciprocity in a trade so deeply involving the value of that portion of the agricultural labor of the country, in which at least one fourth of the confederacy is concerned.

U. S. govern

3d. Resolved, That the treaties of the United States with China and Japan present a fair and fitting occasion for the enlargement and exten- ment should ension of the tobacco trade of the United States, and it is the duty of the courage the ingovernment of the United States to use all their exertions, within the troduction and limits of constitutional power, to foster and encourage the introduction of tobacco in China American tobacco as an article of use among the people of those nations. and Japan.

use of American

with certain gov

on American tobacco.

Negotiations 4th. Resolved, That diplomatic negotiations with England, France, ernments should Spain, and Austria, as well as with China and Japan, ought to be combe begun to mod- menced as soon as practicable by the government of the United States, ify the taxes, &c. with the view of obtaining a modification of the existing systems of revenue and taxation of those nations in respect to American tobacco, and for this purpose instructions ought to be given to our foreign ministers, consuls, and commercial agents in those nations by the Executive of the United States to use all their constitutional and legitimate functions in producing so desirable a result.

APPROVED, February 14, 1859.

Feb. 18, 1859. [No. 10.] Joint Resolution to authorize the Secretary of the Treasury to sell a certain Plat of Land in the City of Petersburg, Virginia, belonging to the United States. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Treasury be, and he is hereby, authorized in his discretion, if deemed by him consistent with the public interest, to sell, and by deed convey to the purCertain land in chaser, a piece or parcel of land lying at the southeast corner of the Petersburg, Vir- custom-house lot in Petersburg, Virginia, to be so laid off and defined as ginia, may be sold. to make the eastern boundary of said lot a straight line from its beginProceeds how ning, on Tabb street, through to the lot belonging to Powell's Hotel Comapplied. pany; and that the proceeds of such sale be applied, if necessary, to the completion and furnishing of said custom-house building, or grading and enclosing said lot: Provided, That the Secretary of the Treasury shall fix the minimum below which the said lots shall not be sold. APPROVED, February 18, 1859.

Proviso.

March 2, 1859. [No. 12.] A Resolution conferring the Rank of Senior Flag Officer on the Active Service List of the United States Navy on Captain Charles Stewart.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the United States, by and with the advice and consent of the Senate be, and Capt. Charles he is hereby, authorized and empowered to confer on Captain Charles Stewart, U. S. N., Stewart, of the United States navy, in recognition of his distinguished and meritorious service, the commission of senior flag officer of the United States navy on the active service list.

made senior Flag Officer.

APPROVED, March 2, 1859.

March 3, 1859. [No. 13.] A Resolution in Relation to the Second Section of the Act of Congress entitled 1858, ch. 81, § 2. "An Act to provide for the Location of certain confirmed private Land Claims in the State of Missouri and for other Purposes."

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the second section of the Operation of Act of 1858, ch. act of Congress, entitled "An act to provide for the location of certain 81, § 2, concern- confirmed private land claims in the State of Missouri and for other puring certain pri- poses," approved June second, eighteen hundred and fifty-eight, is hereby in Missouri, in so suspended in its operation and effect until the end of the thirtypart suspended. sixth Congress, as that no patent or patents shall be issued, nor shall any action be had by the executive branch or department of the government, or any officer or agent thereof, under or by virtue of said section. APPROVED, March 3, 1859.

vate land claims

March 3, 1859. 1856, ch. 123.

[No. 14.] A Joint Resolution amendatory of an Act entitled "An Act to regulate the Compensation of Members of Congress," approved August sixteenth, eighteen hundred and fifty-six, so far as relates to such Members as shall die during their Terms of Ser

vice.

Be it resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That whenever, hereafter, any

Pay of mem

bers of Congress dying after the

person elected a member of the Senate or House of Representatives shall die after the commencement of the Congress to which he shall have been so elected, compensation shall be computed and paid to his widow, or if commencement no widow survive him, to his heirs at law, for the period that shall have of the Congress, elapsed from the commencement of such Congress as aforesaid, to the heirs. time of his death, at the rate of three thousand dollars per annum: Pro- Mode of comvided, however, That compensation shall be computed and paid in all cases putation. for a period of not less than three months; and, Provided, further, That in no case shall constructive mileage be computed or paid.

to go to widow or

Proviso. To be for not less than three months.

Proviso. Constructive

SEC. 2. Be it further resolved, That the compensation of each person elected or appointed afterwards to supply the vacancy so occasioned, shall hereafter be computed and paid from the time the compensation of mileage not to be his predecessor is hereby directed to be computed and paid for, and not otherwise.

allowed.

Pay of succes

sor to commence from the date of

SEC. 3. Be it further resolved, That the provisions of this joint res- the termination olution, so far as the same are beneficial to the widow or heirs at law of the pay of preof members of Congress as aforesaid, shall be extended and applied to the decessor. Beneficial prowidows and heirs at law of members elected to the present Congress, who visions of have died since its commencement.

APPROVED, March 3, 1859.

this

resolution to apply to widows or heirs of members elected to the 35th Congress.

APPENDIX.

No. 52. Respecting an apprehended Invasion of Nicaragua.

BY JAMES BUCHANAN, PRESIDENT OF THE UNITED STATES October 30, 1858. OF AMERICA:

A PROCLAMATION.

WHEREAS information has reached me from sources which I cannot disregard that certain persons, in violation of the neutrality laws of the United States, are making a third attempt to set on foot a military expedition within their territory against Nicaragua, a foreign State, with which they are at peace. In order to raise money for equipping and maintaining this expedition, persons connected therewith, as I have reason to believe, have issued and sold bonds and other contracts pledging the public lands of Nicaragua and the transit route through its territory as a security for their redemption and fulfilment.

pres

The hostile design of this expedition is rendered manifest by the fact that these bonds and contracts can be of no possible value to their holders, unless the ent government of Nicaragua shall be overthrown by force. Besides, the envoy extraordinary and minister plenipotentiary of that government in the United States has issued a notice, in pursuance of his instructions, dated on the 27th instant, forbidding the citizens or subjects of any nation, except passengers intending to proceed through Nicaragua over the Transit Route from ocean to ocean, to enter its territory without a regular passport, signed by the proper minister or consul-general of the republic resident in the country from whence they shall have departed. Such persons, with this exception, "will be stopped and compelled to return by the same conveyance that took them to the country." From these circumstances, the inference is irresistible that persons engaged in this expedition will leave the United States with hostile purposes against Nicar agua. They cannot, under the guise which they have assumed, that they are peaceful emigrants, conceal their real intentions, and especially when they know, in advance, that their landing will be resisted, and can only be accomplished by an overpowering force. This expedient was successfully resorted to previous to the last expedition, and the vessel in which those composing it were conveyed to Nicaragua, obtained a clearance from the collector of the port of Mobile. Although, after a careful examination, no arms or munitions of war were discovered on board, yet, when they arrived in Nicaragua, they were found to be armed and equipped and immediately commenced hostilities.

The leaders of former illegal expeditions of the same character have openly expressed their intention to renew hostilities against Nicaragua. One of them, who has already been twice expelled from Nicaragua, has invited, through the public newspapers, American citizens to emigrate to that republic, and has designated Mobile as the place of rendezvous and departure, and San Juan del Norte as the port to which they are bound. This person, who has renounced his allegiance to the United States, and claims to be President of Nicaragua, has given notice to the collector of the port of Mobile that two or three hundred of these emigrants will be prepared to embark from that port about the middle of November.

For these and other good reasons, and for the purpose of saving American citizens who may have been honestly deluded into the belief that they are about to proceed to Nicaragua as peaceful emigrants, if any such there be, from the disastrous consequences to which they will be exposed, I, JAMES BUCHANAN, President of the United States, have thought it fit to issue this my proclamation

a

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