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RESOLUTIONS.

[No. 1.] A Resolution authorizing the Purchase and Restoration to the British Government Aug. 28, 1856. of the Ship Resolute," late of the British Navy.

WHEREAS it has become known to Congress that the ship "Resolute," late of the navy of her Majesty the Queen of the United Kingdom of Great Britain and Ireland, on service in the Arctic seas, in search of Sir John Franklin and the survivors of the expedition under his command, was rescued and recovered in those seas by the officers and crew of the American whaleship, the "George Henry," after the "Resolute" had been necessarily abandoned in the ice by her officers and crew, and after drifting still in the ice for more than one thousand miles from the place where so abandoned—and that the said ship "Resolute" having been brought to the United States by the salvors at great risk and peril, had been generously relinquished to them by her Majesty's government: Now, in token of the deep interest felt in the United States for the service in which her Majesty's said ship was engaged when thus necessarily abandoned, and of the sense entertained by Congress of the act of her Majesty's government in surrendering said ship to the salvors:

Preamble.

to be

equipped and

Be it resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the President Ship "Reso of the United States be and he is hereby requested to cause the said ship lute" "Resolute" with all her armament, equipment, and the property on board restored to Great when she arrived in the United States, and which has been preserved in Britain. good condition, to be purchased of her present owners, and that he send the said ship with every thing pertaining to her as aforesaid, after being fully repaired and equipped at one of the navy-yards of the United States, back to England under control of the Secretary of the Navy, with a request to her Majesty's government that the United States may be allowed to restore the said ship "Resolute " to her Majesty's service-and for the purchase of said ship and her appurtenances, as aforesaid, the sum of forty thousand dollars, or so much thereof as may be required, is hereby appropriated, to be paid out of any money in the treasury not otherwise appropriated.

APPROVED, August 28, 1856.

[No. 2.] A Resolution authorizing the Acceptance of certain Medals from Foreign Govern- Aug. 30, 1856.

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Harrison author

Resolved by the Senate and House of Representatives of the United son & James F. States of America in Congress assembled, That Surgeon Thomas Wil- ized to accept liamson and Passed-Assistant Surgeon James F. Harrison, of the United the medals tenStates Navy, be and they are hereby authorized to accept the gold medals dered to them by the Emperor of recently awarded to them by the Emperor of France. France.

SEC. 2. And be it further resolved, That Lieutenant M. F. Maury, of Lieut. M. F. the United States Navy, be and he is hereby authorized to accept the gold medals recently presented to him by the governments of Prussia and Holland, and the Republic of Bremen. APPROVED, August 30, 1856.

ed to accept the Maury authorizmedals presented to him by Prussia, Holland, and Bremen.

Aug. 30, 1856. [No. 3.] A Resolution allowing Doctor E. K. Kane, and the Officers associated with him in their late Expedition to the Arctic seas, in search of Sir John Franklin, to accept such Token of Acknowledgment from the Government of Great Britain as it may please to present.

Preamble.

the other officers

WHEREAS, the President of the United States has communicated to Congress a request from the Government of Great Britain that permission should be given by this Government allowing Doctor Elisha K. Kane, a Passed-Assistant Surgeon in the Navy of the United States, and the officers who were with him in his late expedition to the Arctic seas in search of Sir John Franklin, to accept from the Government of Great Britain some "token of thankfulness," and as a memorial of the sense entertained by that Government of "their arduous and generous services" in that behalf

Be it therefore resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That Congress Dr. Kane and hereby consents that Dr. Elisha K. Kane, of the Navy of the United of the Arctic Ex-States, and such of the officers who were with him in the expedition pedition author- aforesaid, as may yet remain in the service of the United States, may acized to accept a cept from the Government of Great Britain such token of the character the British Gov- aforesaid as it may be the pleasure of that government to present to them. APPROVED, August 30, 1856.

testimonial from

ernment.

Aug. 30, 1856. [No. 4.] A Resolution authorizing Alexander D. Bache to accept a Medal presented to him by the King of Sweden.

Resolved by the Senate and House of Representatives of the United A. D. Bache States of America in Congress assembled, That Alexander D. Bache, authorized to ac- Superintendent of the Coast Survey, be and he is hereby authorized to cept the medal presented to him accept the gold medal recently presented to him by the King of Sweden. APPROVED, August 30, 1856.

by Sweden.

PUBLIC ACTS OF THE THIRTY-FOURTH CONGRESS

OF THE

UNITED STATES.

Passed at the third session, which was begun and holden at the City of
Washington, in the District of Columbia, on Monday the second day of
December, 1856, and ended Tuesday the third day of March, 1857.

FRANKLIN PIERCE, President. JESSE D. BRIGHT, President of the
Senate, pro tempore, till January 5, 1857, and JAMES M. MASON from
that time till the close of the Session. NATHANIEL P. BANKS, Jun.,
Speaker of the House of Representatives.

CHAP. II.-An Act providing for the compulsory Prepayment of Postage on all transient printed Matter.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the provision in the act approved August thirty, eighteen hundred and fifty-two, entitled "An act to amend the act entitled an act to reduce and modify the rates of postage in the United States, and for other purposes, passed March three, eighteen hundred and fifty-one," permitting transient printed matter to be sent through the mail of the United States without prepayment of postage, be and the same is hereby repealed. And the postage on all such transient matter shall be prepaid by stamps or otherwise, as the Postmaster Gencral may direct.

APPROVED, Jan. 2, 1857.

CHAP. XII.-An Act to amend an Act entitled "An Act to promote the Efficiency of the

Navy."

Jan. 2, 1857.

Postage of transient printed mat ter to be prepaid.

1852, ch. 98.

Vol. x. p. 38.

Jan. 16, 1857. 1855, ch. 127. See also post,

pp. 367, 369.

re

Vol. x. p. 616.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, upon the written request, Navy officers made within ninety days after the passage hereof, or within thirty days loughed. or dropped, furafter the return of any officer absent from the United States at the time tired under act of the passage of this act, provided he shall return within one year after of 1855, ch. 127, may have a rethe passage of this act, by any officer of the navy who was dropped, fur- examination by loughed, or retired, by the operation of the act of the twenty-eighth of a court of inquiFebruary, eighteen hundred and fifty-five, entitled "An act to promote y the efficiency of the navy," the Secretary of the Navy shall cause the physical, mental, professional, and moral fitness of such officer for the naval service to be investigated by a court of inquiry, which shall be governed by the laws and regulations which now govern courts of inquiry; and the said court shall in their finding report whether the said officer, if he has been dropped from the rolls of the navy, ought to be restored, and, if restored, whether to the active list or the reserved list, and if to the latter, whether on leave of absence or furlough pay; and in case the officer making the written request, as aforesaid, shall have been placed on the reserved list, then the court, in their finding, shall report whether the said officer ought to be restored to the active list, or, if not restored, whether he ought to remain on the retired list on leave of absence or VOL. XI. PUB.-20

Report by such

court.

officers.

furlough pay; and the finding of the court shall, in all cases, be submitted to the President of the United States, and, if approved by him, in the case Restoration of of a dropped officer, where restoration has been recommended, such officer may be nominated by the President to the Senate for restoration to the service, according to the finding of the court as approved by him and in the case of a retired officer, the finding of the court, when approved by the President, shall be conclusive; and such officer shall be restored to the active list, to occupy that position and rank in the navy which he would have occupied had he not been retired under the action of the late naval board; or he shall remain upon the retired list on leave of absence or furlough pay, according to the finding of the court, as approved by the President: Provided, That the officers so restored or placed on the reserved list, shall be appointed to their places, respectively, by the President, by and with the advice and consent of the Senate.

cers may be increased.

1855, ch. 127. Proviso as to reducing the number hereafter.

SEC. 2. And be it further enacted, That the operation of the present Number of offi- law limiting the number of officers of the navy shall be suspended so far as to authorize the restoration, within one year from the passage of this act, by the President, by and with the advice and consent of the Senate, of officers reserved or dropped under the operation of the act of the twentyeighth of February, eighteen hundred and fifty-five, entitled "An act to promote the efficiency of the navy:" Provided, That there shall be no further promotions or appointments in any grade, after said restorations shall have been made thereto, until such grade in the active service shall be reduced to the limit now prescribed by law. That when any such officer shall be restored to the navy, by and with the advice and consent Rank of restored of the Senate, the officer so restored shall occupy that position and rank in the navy which he would have held had he not been retired, furloughed, or dropped, by the order of the President, on the report of the naval Dropped offi- board: Provided, further, That any dropped officer who may be, in the opinion of said court, entitled to be placed on the retired or furloughed tired or furlough list, may be thus placed by the President, by and with the advice and consent of the Senate.

officers

cers

may be

placed on the re

list.

Officers not restored to have one year's pay.

SEC. 3. And be it further enacted, That officers who were dropped, as aforesaid, and who shall not be restored to the naval service within one year from the passage hereof, shall be entitled to receive one year's duty pay of their grades, respectively; and the President shall be, and he is Transfers from hereby, authorized, with the advice and consent of the Senate, to transfer the reserved list. any officer from the furlough to the reserved pay list, and that so much Vol. x. p. 616. of the act of February twenty-eighth, eighteen hundred and fifty-five, Reserved offi- entitled "An act to promote the efficiency of the navy," as renders cers eligible to reserved officers ineligible to promotion, be and the same is hereby repealed.

the furlough to

promotion.

Promotion of officers on the reserved list.

rank.

SEC. 4. And be it further enacted, That reserved officers may be promoted on the reserved list, by and with the advice and consent of the Their pay and Senate, but no such promotion shall entitle them to any pay beyond that to which they were entitled when so reserved, nor shall they, by such promotion, take any higher rank than they would have taken had they been retained in the active service of the navy; and nothing in this act, or in the act to which this is an amendment, shall be so construed as to preclude officers on the reserved list from wearing the uniform of their grades respectively.

Flag officers.

Restored offi

back pay.

SEC. 5. And be it further enacted, That captains in command of squadrons shall be denominated flag officers.

SEC. 6. And be it further enacted, That all officers who may be restored cers to draw their to active service, under the provisions of this act, shall be entitled to draw the same pay they were drawing at the time they were retired or dropped, for and during the time of such retirement or suspension from the active service aforesaid.

1859, ch. 76, § 3. Post, p. 407.

APPROVED, Jan. 16, 1857.

CHAP. XIII.—An Act making Appropriations for the Payment of Invalid and other Pensions of the United States for the Year ending the thirtieth June, eighteen hundred and fifty-eight.

Jan. 17, 1857.

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 Appropriations the same are hereby appropriated, out of any money in the treasury not otherwise appropriated, for the payment of pensions for the year ending the thirtieth of June, eighteen hundred and fifty-eight:

For invalid pensions, under various acts, four hundred and seventy-six thousand dollars.

For pensions under acts of the eighteenth March, eighteen hundred and eighteen, fifteenth May, eighteen hundred and twenty-eight, and seventh June, eighteen hundred and thirty-two, eighty-four thousand one hundred and twenty dollars.

For pensions to widows of those who served in the revolutionary war, under the third section of acts of fourth July, eighteen hundred and thirtysix, seventh July, eighteen hundred and thirty-eight, third March, eighteen hundred and forty-three, seventeenth June, eighteen hundred and fortyfour, second February and twenty-ninth July, eighteen hundred and fortyeight, and second section act of third February, eighteen hundred and fifty-three, five hundred and sixty-nine thousand six hundred dollars.

1818, ch. 19.

1828, ch. 53. 1832, ch. 126.

1836, ch. 362. 1838, ch. 189. 1843, ch. 102. 1844, ch. 102. 1848, ch. 8.

1848, ch. 120.

1853, ch. 41,

For pensions to widows and orphans, under act of twenty-first July, eighteen hundred and forty-eight, first section of act of third February, 1848, ch. 108. eighteen hundred and fifty-three, and under special acts, one hundred and ninety-one thousand five hundred dollars.

For navy invalid pensions, forty thousand dollars.

For navy pensions to widows and orphans, under act of eleventh August, eighteen hundred and forty-eight, one hundred and forty thousand dollars.

APPROVED, January 17, 1857.

CHAP. XVIII.—An Act to procure a Bust, in Marble, of the late Chief Justice John

Rutledge.

1853, ch. 41.

1848, ch. 155.

Jan. 21, 1857.

Bust of the late Chief Justice

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the joint committee of the two Houses of Congress on the Library be and they are hereby authorized and required to contract with a suitable artist for the execution, in marble, John Rutledge to and delivery in the room of the Supreme Court of the United States, a bust of the late Chief Justice John Rutledge.

be contracted for for the Supreme Court Room.

SEC. 2. And be it further enacted, That for the purpose of carrying this act into effect, there be and hereby is appropriated, eight hundred dollars, to be paid out of any money in the treasury not otherwise appropri- ated therefor.

ated.

APPROVED, January 21, 1857.

CHAP. XIX.-An Act more effectually to enforce the Attendance of Witnesses on the Summons of either House of Congress, and to compel them to discover Testimony.

$800 appropri

Jan. 24, 1857.

Penalty on witnesses summoned

default or refusal

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That any person summoned as a witness by the authority of either House of Congress to give testimony by either House or to produce papers upon any matter before either House, or any com- of Congress for mittee of either House of Congress, who shall wilfully make default, or to answer. who, appearing, shall refuse to answer any question pertinent to the matter of inquiry in consideration before the House or committee by which he shall be examined, shall in addition to the pains and penalties now existing, be liable to indictment as and for a misdemeanor, in any court of the United States having jurisdiction thereof, and on conviction, shall pay

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