Pay of commissioners.

witnesses.

SEC. 5. And be it further enacted, That said commissioners shall receive for their services and expenses the sum of two thousand five hundred dollars each. And they are authorized to deSummoning of pute a proper person to summon witnesses, who shall be entitled to receive his actual expenses, to be allowed by said commissioners, and the sum of three dollars per day for his services. Witnesses subpoenaed in behalf of the United States shall receive pay for attendance, not to exceed the fees allowed by the laws of Minnesota for witnesses attending justices' courts. And, for payContingencies of ing the expenses of said commission, the further sum of ten thousand dollars is hereby appropriated out of the said annuities in the Treasury of the United States, or so much thereof as may be necessary to pay the same.

Pay.

commission.

This act to be

newspapers

Minnesota.

in

SEC. 6. And be it further enacted, That the Secretary of the published in four Interior, immediately after the passage of this act, shall cause the same to be published in four of the newspapers of the State of Minnesota which, in his opinion, will give the most publicity to the same among the people who have suffered by said depredations, and give notice of the first meeting of said commissioners, the expenses to be paid out of the sum appropriated in the next preceding section.

Punishment of perjury.

&c.

Commissioners

SEC. 7. And be it further enacted, That if the complainant, or any witness testifying before said commissioners, shall be guilty of perjury, upon conviction thereof in the proper court of the United States, he shall suffer the pains and penalties prescribed by the laws of the United States for that offence.

SEC. 8 And be it further enacted, That the said commissioners may make rules, may make rules, not inconsistent with this act, prescribing the order and mode of presenting, prosecuting, and proving said claims before them, which rules shall be published in one newspaper in the city of Saint Paul and one in Saint Peter for at least two weeks prior to the first session of said commission, to be held at Saint Peter as directed in the fourth section of this act, and the expenses of such publication shall be paid out of the fund appropriated in the fifth section of this act.

Certain land to

dians who aided the whites.

SEC. 9. And be it further enacted. That the Secretary of the be set apart for In Interior is hereby authorized to set apart of the public lands, not otherwise appropriated, eighty acres in severalty to each individual of the before-named bands who exerted himself in rescuing the whites from the late massacre of said Indians. The land so To be free from set apart shall not be subject to any tax, forfeiture, or sale, by process of law, and shall not be aliened or devised, except by the consent of the President of the United States, but shall be an inheritance to said Indians and their heirs forever.

taxes, &c.

Commissioners to give bonds.

SEC. 10. And be it further enacted, That said commissioners, before entering upon the discharge of their duties as such, shall give bonds in the usual form to the United States, in the sum of twenty thousand dollars each, with good and sufficient security, to be approved by the Secretary of the Treasury, faithfully to discharge their duties as such, and to account for any money which may come into their hands.

Approved February 16, 1863.

CHAPTER XLIII.

AN ACT making appropriations for the construction, preservation, and February 20, 1863. repairs of certain fortifications and other works of defence for the year ending thirtieth of June, eighteen hundred and sixty-four.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums be, and they are hereby, appropriated, out of any money in the treasury not otherwise appropriated, for the construction, preservation, and repairs of certain fortifications and other works of defence for the year ending the thirtieth of June, eighteen hundred and sixty-four:

For Fort Montgomery, at outlet of Lake Champlain, New York, one hundred thousand dollars.

For Fort Knox, at narrows of Penobscot river, Maine, one hundred and fifty thousand dollars.

For fort at entrance of Kennebec river, Maine, one hundred thousand dollars.

For fort on Hog Island ledge, Portland harbor, Maine, one hundred and fifty thousand dollars.

For new Fort Preble, Portland harbor, Maine, one hundred and fifty thousand dollars.

For Fort Scammel, Portland harbor, Maine, one hundred and fifty thousand dollars.

For new Fort Constitution, Portsmouth harbor, New Hampshire, two hundred thousand dollars.

For new Fort McClary, Portsmouth harbor, New Hampshire, one hundred thousand dollars.

For Fort Winthrop and exterior batteries, Governor's island, Boston harbor, Massachusetts, fifty thousand dollars.

For Fort Warren, Boston harbor, Massachusetts, twenty-five thousand dollars.

For permanent forts at Provincetown harbor, Massachusetts, one hundred and fifty thousand dollars.

For permanent forts at New Bedford harbor, Massachusetts, one hundred and fifty thousand dollars.

For Fort Adams, Newport harbor, Rhode Island, twenty-five. Fort Adams. thousand dollars.

For permanent defences at Narragansett bay, Rhode Island,, Narragansett one hundred and fifty thousand dollars.

For additional fortifications at New London harbor, Connecticut, two hundred thousand dollars: Provided, however, That this appropriation shall not be expended unless New London be selected as a permanent site for a navy yard or naval station. For Fort Schuyler, East river, New York, twenty-five thousand dollars.

bay.

New London harbor.

Fort Schuyler.

For fort at Willet's Point, opposite Fort Schuyler, New York, Willet's Point. two hundred and fifty thousand dollars.

For fort on site of Fort Tompkins, Staten Island, New York, two hundred thousand dollars.

For casemated battery on Staten Island New York, two hundred thousand dollars.

Staten Island.

For new battery, near Fort Hamilton, New York, one hundred thousand dollars.

For fort at Sandy Hook, New Jersey, one hundred and fifty thousand dollars.

For Fort Delaware, Delaware river, two hundred thousand dollars.

For permanent work for Delaware Breakwater harbor, one hundred thousand dollars.

For Fort Carroll, Baltimore harbor, Maryland, two hundred thousand dollars.

For Fort Monroe, Hampton Roads, Virginia, fifty thousand dollars.

For Fort Wool, Hampton Roads, Virginia, two hundred thousand dollars.

For Fort Clinch, entrance to Cumberland Sound, Florida, one hundred and fifty thousand dollars.

For Fort Taylor, Key West, Florida, three hundred thousand dollars.

For Fort Jefferson, Garden Key, Florida, three hundred thousand dollars.

For new fort at Tortugas, Florida, one hundred thousand dollars. For Fort at Ship island, Coast of Mississippi, one hundred and seventy-five thousand dollars.

For Fort Jackson, Mississippi river, one hundred thousand dollars. For Fort Saint Philip, Mississippi river, one hundred thousand dollars.

For fort at Fort Point, San Francisco bay, California, two hundred thousand dollars.

For fort at Alcatraz island, San Francisco bay, California, one hundred thousand dollars.

For defensive works in Oregon and Washington Territory, two hundred thousand dollars.

For contingencies of fortifications, including field works and field operations, seven hundred thousand dollars.

For tool and siege trains for armies in the field, two hundred and fifty thousand dollars.

For bridge trains and equipage for armies in the field, five hundred thousand dollars.

For completing fortifications and erecting new ones for the defence of Washington, two hundred thousand dollars. Approved February 20, 1863.

Feb. 20, 1963.

President

may app int Assistant

Treasury.

CHAPTER XLIV.

AN ACT to provide for the appointment of an assistant register in the Treasury Department and a solicitor for the War Department, and for other purposes.

Be it enacted by the Senate and House of Representatives of Register of the the United States of America in Congress assembled, That the President be, and he is hereby, authorized to appoint, by and with the advice and consent of the Senate, for the term of one year, an officer in the office of the Register of the Treasury, to be called the assistant register, at an annual salary of two thousand dollars.

Salary.

SEC. 2. And be it further enacted, That the duties of said assistant shall be such as may be devolved on him by the Register of the Treasury, and, in the absence of the Register, said assistant shall act in his place and stead; and any official record, certificate, or other document, excepting warrants, bonds, and drafts, if signed by the assistant register, shall have the same legal force and validity as if signed by the Register of the Treasury.

Duty.

Solicitor of War Department.

SEC. 3. And be it further enacted, That the President be, and he is hereby, authorized to appoint, by and with the advice and consent of the Senate, an officer in the War Department, to be called the Solicitor of the War Department, at an annual salary Salary. of twenty-five hundred dollars.

Sec. 4. And be it further enacted, That the amount necessary to pay the salaries of the officers authorized to be appointed by this act, for the current and next fiscal years, be paid out of any moneys in the treasury not otherwise appropriated. Approved February 20, 1863.

Appropriation.

CHAPTER XLV.

AN ACT temporarily to supply vacancies in the executive departments in

certain cases.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in case of the death, resignation, absence from the seat of government, or sickness, of the head of any executive department of the the government, or of any officer of either of the said departments whose appointment is not in the head thereof, whereby they cannot perform the duties of their respective offices, it shall be lawful for the President of the United States, in case he shall think it necessary, to authorize the head of any oth executive department, or other officer in either of said departments, whose appointment is vested in the President, at his discretion, to perform the duties of the said respective offices until a successor be appointed, or until such absence or inability by sickness shall cease: Provided, That no vacancy shall be supplied in manner aforesaid for a longer term than six months.

SEC. 2. And be it further enacted, That all acts or parts of acts inconsistent with the provisions of this act are hereby repealed. Approved February 20, 1863.

Feb. 20, 1863.

Vacancies

in executive departments, how filled.

For what time.

Repeal'g clause..

CHAPTER XLVI.

AN ACT concerning pardons and the remission of penalties and forfeitures

in criminal cases.

Feb. 20, 1863.

mission of penal

cases.

criminal

Be it enacted by the Senate and House of Representatives of Pardons and rethe United States of America in Congress assembled, That (to ties in remove doubts as to the true meaning of former laws) hereafter, whenever by the judgment of any court or judicial officer of the United States, in any criminal proceeding, any person shall be

Fines and penal

lected on execution.

sentenced, or shall have been sentenced heretofore, to two kinds of punishment, the one pecuniary and the other corporal, the President shall have full discretionary power to pardon or remit, in whole or in part, either one of the two kinds, without in any manner impairing the legal validity of the other kind, or of any portion of either kind, not pardoned or remitted.

SEC. 2. And be it further enacted, That in all criminal cases ties may be col- in which there has been or shall be a judgment or sentence against any person, as a fine or penalty, whether alone or along with any other kind of punishment, the same shall be deemed a judgment debt, and (unless pardoned or remitted by the President) may be collected on execution in the common form of law. Approved February 20, 1863.

Feb. 20, 1863.

Terms of circuit and district courts in Indiana.

CHAPTER XLVII,

AN ACT to change the times of holding the circuit and district courts of the United States for the district of Indiana.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, instead of the times now fixed by law, the circuit and district courts of the United States for the district of Indiana shall be held on the first Tuesdays of May and November. And all recognizances, indictments, or other proceedings, civil and criminal, now pending in either of said courts, shall be entered and have day in court, and be heard and tried, according to the times of holding such courts as herein provided.

Approved February 20, 1863.

CHAPTER XLIX.

AN ACT to change the times of holding the circuit and district courts of the United States in the several districts of the seventh circuit.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, instead of the times now fixed by law, the circuit and district courts of the United States for the several districts in the States composing the seventh judicial circuit shall hereafter be held as follows:

Ohio. At Cleveland, for the northern district of Ohio, on the first Tuesdays in the months of January, May, and September in each year.

At Cincinnati, for the southern district of Ohio, on the first Tuesdays in the months of February, April, and October in each year.

Michigan-At Detroit, for the district of Michigan, on the first Tuesdays in June, November, and March in each year. And all recognizances, indictments, or other proceedings, civil and criminal, now pending in either of said courts, shall be entered and have day in court, and be heard and tried, according to the times of holding said courts as herein provided.

Approved February 21, 1863.