N THE CUSTODY OE THE

BOSTON PUBLIC LIBRARY.

SHELF N°

a? 1.7

/SLl

THE

W

OF T II K

UNITED STAT

IN THREE VOLUMES.

VOL. I.

PUBLISHED BV AUTHORITT

PHILADELPHIA

PRINTED BY RICHARD FOLWELL^ Mo. 33, MULBERRY-STREET, .

1796.

of

^AUAHS

THE

CONSTITUTION

O F T H E

United States of America.

CONSTITUTION

OF T H

UNITED STATES

— - 1""Tli'-filW-i'"^li-1'-

"E, The People of the United States, in order to form a more perfect. Union, eftablifli Juf- tice, infure domeflic Tranquility, provide for the com- mon Defence, promote the general Welfare, and fecure the Bleffings of Liberty to ourfelves and our Pofterity,

DO ORDAIN AND ESTABLISH this CONSTITUTION

for the United States of America. ARTICLE I.

SeSf. i . ALL legiflative powers herein granted,, fhall be vetted in a Congrefs of the United States* which fhall confift of a Senate and Houfe of Reprefen- tatives.

Se£t. i. The Houfe of Reprefentatives mail be compofed of members chofen every fecond year by the people of the feveral dates ; and the electors in each flate fhall have the qualifications requifite for electors of the moil numerous branch of the ftate legiflature.

No perfon fhall be a Reprefentative who fhall not have attained to the age of twenty-five years, and been feven years a citizen of the United States, , and who ihall not, when elefted, be an inhabitant of that ftate in which he mall be chofen,

Reprefentatives and direct taxes fhall be apportion-

[ 6 3

cd among the feveral ftates which may be included within this Union, according to their refpective num- bers, which fhall be determined by adding to the whole number of free perfons, including thofe bound to fer- vice for a term of years, and excluding Indians not taxed, three-fifths of all other perfons. The actual enumeration fhall be made within three years after the firft meeting of the Congrefs of the United States, and within every fubfequent term of ten years, in fuch man- ner as tjiey mail by law direct. The number of Repre* fentatives fhall not exceed one for every thirty thoufand, but each flate mail have at leaft one Reprefentative ; and until fuch enumeration mail be made, the date of New-Hampfhire fhall be entitled to chufe three ; Maf- fachufetts, eight; Rhode-Ifland and Providence Planta- tions, one ; Connecticut, five ; New- York, fix ; New- Jerfey, four \ Pennfylvania, eight; Delaware, one; Ma- ryland, fix ; Virginia, ten ; North- Carolina, five ; South-Carolina, five ; and Georgia, three.

When vacancies happen in the reprefentation from any flate, the executive authority thereof fhall iffue writs of election to fill fuch vacancies*

The Houfe of Reprefentatives fhall chufe their Spea- ker and other officers ; and fhall have the fole power of impeachment.

Sc&. 3. The Senate of theUnited States fhall be com- pofed of two Senators from each flate, chofen by the legiflature thereof, for fix years ; and each Senator fhall have one vote.

Immediately after they fhall be afiembled, in confe- quence of the firfl election, they fhall be divided as equally as may be into three claffes. The feats of the Se- nators of the firfl clafs fhall be vacated at the expira- tion of the fecond year, of the fecond clafs at the expi- ration of the fourth year, and of the third clafs at the ex- piration of the fixth year, fo that one-third may be chofen every fecond year ; and if vacancies happen by refigHa- tion, or otherwife, during the recefs of the legiflature of any flate, the executive thereof may make temporary

t 7 ]

appointments until the next meeting of the legiflature^ which fhall then fill fuch vacancies.

No perfon fhall be a Senator who fnall not have at- tained to the age of thirty years, and been nine years a citizen of the United States, and who fhall not when elected, be an inhabitant of that ftate for which he fhall be chofen.

The Vice-Prefident of the United States mall be Prefi- dent of the Senate, but fhall have no vote, unlefs they be equally divided.

The Senate fhall chufe their other officers, and alfo a fYefident Pro Tempore ', in the abfence of the Vice-Pre- iident, or when he fhall exercife the office of Prefident of the United States.

The Senate fhallhavethe fole power to try all impeach- ments. When fitting for that purpofe, they fhall be on oath or affirmation. When the Prefident of the United States is tried, 'the Chief Juftice fhall prefide: and no perfon fhall be convicled without the concurrence of two- thirds of the members prefeat.

Judgment in cafes of impeachment fhall not extend further than to removal from office, and difqualification to hold and enjoy any office of honor, truft or profit under the United States ; but the party convi&ed mail neverthelefs be liable and fubjeft to indictment, trials judgment and punifhment according to law.

Seft. 4. The times, places and manner of holding elections for Senators and Reprefentatives, fhall be pre- fcribed in each ftate by the legiilature thereof: But the Congrefs may at any time by law make or alter fuch regulations, except as to the places of chufing Senators. The Congrefs fhall affemble at leaft once in every year, and fuch meeting fhall be on the firft Monday in De- cember, unlefs they fhall by law appoint a different day. Seel. 5. Each Houfe fhall be the judge of the elec- tions, returns and qualifications of its own members, and a majority of each fhall conftitute a quorum to do bu- finefs 5 but a fmaller number may adjourn from day to day? and may be authorized to compel the attendance

[ 8 ]

of abfent members, in fuch manner, and under fuch pe- nalties, as each Houfe may provide.

Each Houfe may determine the rules of its proceed- ings, punifh its members for diforderly behaviour, and, with the concurrence of two-thirds, expel a member.

Each Houfe fhall keep a journal of its proceedings, and from time to time pnbliih the fame, excepting fuch parts as may, in their judgment, require fecrecy ; and the yeas and nays of the members of either Houfe on any queftion, mall, at the defire of one-fifth of thofe prefent, be entered on. the journal.

Neither Houfe, during the feffion of Congrefs, fhall, without the confent of the other, adjourn for more than three days, nor to any other place than that in which the two Houfes fhall be fitting.

Sefl. 6. The Senators and Reprefentatives fhall re- ceive a compenfation for their fer vices, to be afcertained by law, and paid out of the treafury of the United States. They fhall in all cafes, except treafon, felony and breach of the peace, be privileged from arrefb during their at- tendance at the feffian of their refpeclive Houfes, and in going to or returning from the fame; and for any fpeech or debate in either Houfe, they fhall not be ques- tioned in any other place.

No Senator or Reprefentative fhall, during the time for which he was elected, be appointed to any civil of- fice under the authority of the United States, which fhall have been created, or the emoluments whereof mall have been encreafed during fuch time ; and no perfon hold- ing any office under, the United States, fhall be a mem- ber of either Houfe during his continuance, in office.

SeSi. y. All bills for raifmg revenue fhall originate in the Houfe of Reprefentatives ; but the Senate may propofe cr concur with amendments as on other bills.

Every bill which fhall have pafled the Houfe of Re- prefentatives and the Senate, fhall, before it become a law, be preferred to the Prefident of the United States : If he approve he fhall fign it ; but if not he fhall return it, with his. objections, to that Houfe in which it fhall

L" 9 ]

have originated, who mall enter the objections at large on their journal, and proceed to reconfider it. If after fuch reconfideration, two-thirds of that Houfefhall agree to pafs the bill, it fhall be fent, together with the objec- tions, to the other Houfe, by which it fhall likewife be reconfidered, and if approved by two-thirds of that Houfe, it fhall become a law. But in all fuch cafes, the votes of both Houfes fhall be determined by yeas and nays ; and the names of the perfons voting for and againfl the bill, fhall be entered on the journal of each Houfe reflectively. If any bill fhall not be returned by the Prefident within ten days (Sundays excepted) after it fhall have been prefented to him, the fame fhall be a law, in like manner as if he had figned it, unlefs the Congrefs by their adjournment prevent its return, in. which cafe it fhall not be a law.

Every order, refolution or vote to which the con- currence of the Senate and Houfe of Reprefentatives may be neceflary (except on a queftion of adjournment) fhall be prefented to the Prefident of the United States ; and before the fame fhall take efFecl, fhall be approved by him, or being difapproved by him, fhall be repafled by two-thirds of the Senate and Houfe of Reprefenta- tives, according to the rules and limitations prefcribed in the cafe of a bill.

Sett. 8. The Congrefs fhall have power — To lay and collect taxes, duties, imports and excifes, to pay the debts and provide for the common defence and general welfare of the United States ; but all du* ties, imports and excifes, fhall be uniform throughout the United States :

To borrow money on the credit of the United States : To regulate commerce with foreign nations, and among the feveral ftates, and with the Indian tribe6 :

To eftablifh an uniform rule of naturalization, and uniform laws on the fubject of bankruptcies through- out the United States :

Vol. I. B

[ *o ]

To coin money, regulate the value thereof, and of foreign coin, and fix the ftandard of weights and mea- furcs :

lb provide for the ounifhment of counterfeiting the fee uri ties and current coin of the United States : To eltablifh poft -offices and poft-roads : To promote the progrefs of fcience and ufeful arts, by fecuring, for limited times, to authors and inventors, the excluiive right to their refpeftive writings and dif- coveries :

To conflitute tribunals inferior to the fupreme court : To define and punifh piracies and felonies commit- ted on the high feas, and offences againfl the law of na- tions :

To declare war, grant letters of marque and reprifal,

and make rules concerning captures on land and water :

To raife and fupport armies ; but no appropriation

of money to that ufe fhall be for a longer term than

two years :

To provide and maintain a navy : To make rules for the government and rugulatioH of the land and naval forces :

To provide for calling forth the militia to execute the laws of the Union, fupprefs infurreftions and repel invafions :

To provide for organizing, arming, and difciplining the militia, and for governing fuch part of them as may be employed in the fervice of the United States, referving to the ftates refpectively, the appointment of the officers, and the authority of training the militia according to the difcipline prefcribed by Con-grefs :

To exercife exclufive leigflation in all cafes whatfo- ever, over fuch diftricl (not exceeding ten miles fquare) as may by ceflion of particular ftates, and the accep- tance of Congrefs, become the feat of the government of the United States, and to exercife like authority over all places purcbafed by the content of thelegifiatureof the ftate in which the iame mall be, for the ereclion of

E » ]

forts, magazines, arfenals, dock-yards, and. other need- ful buildings : — And

To make all laws which mail be neceffary and pro- per for carrying into execution the foregoing powers, and all other powers veiled by this Conftitution in the government of the United States, or in any department or officer thereof.

Seel. 9. The migration or importation of fuch per- fons as any of the ilates now exifling mall think pro- per to admit, fhall not be prohibited by the Congrefs prior to the year one thoufand eight hundred and eight ; but a tax or duty may be impofed on fuch importation, not exceeding ten dollars for each perfon.

The privilege of the writ of habeas corpus fhall not foe fufpended, unlefs when in cafes of rebellion or inva- fion the public fafety may require it.

No bill of attainder or ex poft faelo law mall be paffedo

No capitation, or other direft tax mall be laid, un- lefs in proportion to the xenfus or enumeration herein before directed to be taken.

No tax or duty fhall be laid on articles exported from any flate. No preference fhall be given by any regula- tion of commerce or revenue to the ports of one flate over thofe of another : Nor mall veffels bound to, or from, one flate be obliged to enter, clear, or pay duties in another.

No money fhall be drawn from the treafury, but in confequence Gf appropriations made by law ; and a re- gular flatement and account of the receipts and expen- ditures of all public money fhall be publifhed from time to time.

No title of nobility fhall be granted by the United States : and no perfon holding any office of profit or trufl under them, fhall, without the confent of the Con- grefs, accept of any prefent, emolument, office, or title of any kind whatever, from any king, prince or foreign flate.

Seel, 1 o. No flate fhall enter into any treatysallia^cr

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or confederation ; grant letters of marque and reprifal ; coin money ; emit bills of credit ; make any thing but gold and filver coin a tender in payment of debts ; pafs any bill of attainder, ex pojl faclo law, or law impairing the obligation of contracts, or grant any title of nobility. No ftate fhall, without the confent of the Congrefs, lay any imports or duties on imports or exports, except what may be abfolutely neceffary for executing its in- spection laws ; and the net produce of all duties and impolts, laid by any ftate on imports or exports, mall be for the ufe of the treafury of the United States ; and all fuch laws fhall be fubject to the revifion and con- troul of the Congrefs. No ftate mail, without the confent of Congrefs, lay any duty of tonnage, keep troops, or ihips of war in time of peace, enter into any agreement or compact with another ftate, or with a foreign pow- er, or engage in war, unlefs actually invaded, or in fuch imminent danger as will not admit of delay.

ARTICLE II.

Sect. i. The executive power mall be vefted in a Prefident of the United States of America. He fhall hold his office during the term of four years, and, toge- ther with the Vice-Preftdent, chofen for the fame term, be elected as 'follows :

Each ftate fhall appoint, in fuch manner as the legis- lature thereof may direct, a number of electors, equal to the whole number of Senators and Reprefentatives to which the ftate may be entitled in the Congrefs ; but no Senator or Reprefentative, or perfon holding an office of truft or profit under the United States, fhall be appointed an elector.

The electors fhall meet in their refpective Mates, and vote by ballot for two perfons, of whom one at lead: fhall not be ap inhabitant of the fame ftate with them- feives. And they fhall make a lift of all the perfons voted for, and of the number of votes for each ; which lift they fhall iign and certify, and tranfmit, fealed, to

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the feat of the government of the United States, direft- ed to the Prefident of the Senate. The Prefident of the Senate fhall, in the prefence of the Senate and Houfe of Reprefentatives, open all the certificates, and the votes (hall then be counted. The perfon having the greateft number of votes fhall be the Prefident, if fuch number be a majority of the whole number of electors appointed ; and if there be more than one who have fuch majority, and have an equal number of votes, then the Houfe of R eprefentatives fhall immediately chufe by ballot one of them for Prefident ; and if no perfon have a majority, then from the five highefl on the lift the, faid Houfe fhall in like manner chufe the Prefident. But in chufing the Prefident, the votes fhall be taken by ftates, the reprefentation from each flate having one vote ; a quorum for this purpofe fhall confifl of a member or members from two-thirds of the ftates, and a majority of all the ftates fhall be neceffary to a choice. In every cafe, after the choice of the Prefident, the perfon hav- ing the greateft number of votes of the electors fhall be the Vice-Prefident. But if there mould remain two or more who have equal votes, the Senate fhall chufe from them by ballot the Vice-Prefident.

The Congrefs may determine the time of chufing the electors, and the day on which they fhall give their votes ; which day fhall be the fame throughout the United States.

No perfon except a natural born citizen, or a citizen of the United States, at the tme of the adoption of this Conftitution, fhall be eligible to the office of Prefident ; neither fhall any perfon be eligible to that office who fhall not have attained to the age of thirty-five years, and been fourteen years a refident within the United States.

In cafe of the removal of the Prefident from office, or of his death, refignation, or inability. to difcharge the powers and duties of the faid office, the fame fhall de- volve on the Vice-Prefident ; and the Congrefs may by

[ U ]

law provide for the cafe of removal, death, refignation, or inability, both of the Prefident and Vice-Prefident, declaring what officer mall then acl as Prefident ; and fuch officer mall act accordingly, until the difability be removed, or a Prefident mall be elected.

The Prefident mall, at ftated times, receive for his fer- vices, a compenfation, which mail neither be increafed nor diminiflied during the period for which he mail have been elected ; and he mall not receive within that pe- riod any other emolument from the United States, or any of them.

Before he enter on the execution of his office, he mall take the following oath or affirmation :

" I do folemnly fwear (or affirm) that I will faithfully execute the office of Prefident of the United States ; and will, to thebeft of my ability, preferve, protect and defend the Conftitution of the United States."

Sefl. 3. The Prefident ihail be commander in chief of the army and navy of the United States, and of the mili- tia of the feveral ftates, when called into the actual fer- vice of the United States ; he may require the opinion, in writing, of the principal officer in each of the execu- tive departments, upon any fubjecl: relating to the duties of their refpe&ive offices, and he mall have power to grant reprieves and pardons for offences againft the United States, except in cafes of impeachment.

Pie fhall have power, by and with the advice and con- fent of the Senate, to make treaties, provided two-thirds of the Senators prefent concur; and he mail nominate, and by and with the advice and confent of the Senate, (hall appoint ambaffadors, other public minifters and confuls, judges of the fupreme court, and all other of- ficers of the United States, whofe appointments are not fe.-rein otherwife provided for, and which mall be eftab- iim'ed by law. But the Congrefs may by law veil the appointment of fuch inferior officers, as they tbjnk pro- per, in the Prefident alone, in the courts of law, or ia the heads of departments.

[ '5 ]

The President mall have power to fill up all vacancies that may happen during the recefs of the Senate, by oranting commiflions which mall expire at the end of their next feffion.

Sed. 3. He mail from time to time give to the Con- o-refs imformation of the ftate of the Union, and re- commend to their conflderation fuch meafures as he mall judge neceffary and expedient : He may, on extra- ordinary occafions, convene both Houfes, or either of them ; and in cafe of difagreement between them, with refpecl: to the time of adjournment, he may adjourn them to fuch time as he mail think proper : He mall re- ceive ambaffadors and other public minifters : He mail take care that the laws be faithfully executed, and mall commiflion all the officers of the United States. 1

Seffi. 4. The Prefident, Vice-Prefident, and all civil officers of the United States, mall be removed from of- fice on impeachment for, and conviclion of, treafon, bribery, or other high crimes and mifdemeanors.

ARTICLE III.

Seff. 1. The judicial power of the United States, mall be veiled in one fupreme court, and in fuch in- ferior courts as the Congrefs may from time to time or- dain and eftablim. The judges, both of the fupreme and inferior court, mall hold their offices during good behaviour ; and (hall, at ftated times, receive for their fervices, a compenfation, which mall not be diminifhed during their continuance in office.

Sefl. 2. The judicial power mall extend to all cafes, in law and equity, arifmg under this Conflitution, the laws of the United States, and treaties made, or which mall be made, under their authority ; to all cafes affect- ing ambaffadors, other public minifters, and confuls ; to all cafes 01 admiralty and maritime jurifdietion ; to controversies to which the United States mall be party ; to controversies between two or more ftatess

[ if ]

between a ftate and citizens of another (late, between citizens of" different flares, between citizens of the fame ftate, claiming lands under grants of different flates, and between a ftate, or the citizens thereof, and foreign fhitcs, citizens, or fubjects.

In all cafes, affecting ambaffadors, other public minifters, and confuls, and thofe in which a ftate fhall be party, the fupreme court fhall have original jurif- diction. In all the other cafes before mentioned, the fupreme court fhall have appellate jurifdiclion, both as to law and fact, with fuch exceptions, and under fuch regulations, as the Congrefs fhall make.

The trial of all crimes, except in cafes of impeach- ment, fhall be by jury : and fuch trial fhall be held in the ftate where the faid crimes fhall have been commit- ted ; but when not committed within any ftate, the trial fhall be at fuch place or places, as the Congrefs may by law have directed.

SeB. 3. Treafon againft the United States, fhall con- fifl only in levying war againft them, or in adhering to their enemies, giving them aid and comfort. No perfon fhall be convicted of treafon unlefs on the teftimony of two witneffes to the fame overt aft, or on confeffion in open court.

The Congrefs fhall have power to declare the punifh- ment of treafon : but no attainder of treafon fhall work corruption of blood, or forfeiture, except during the life of the perfon attainted.

ARTICLE IV.

Seft. 1 . Full faith and credit fhall be given, in each ftate, to the public acts, records, and judicial proceedings of every other ftate. And the Congrefs may, by general laws, prefcribe the manner in which fuch ads, records, and proceedings fhall be proved, and the effect thereof.

Seft. 2. The citizens of each ftate fhall be entitled to all privileges and immunities of citizens in thefeveral flates.

[ '7 ]

A perfon charged in any ftate with treafon, felony, or other crime, who fhall flee from juflice, and be found in another ftate, mail, on demand of the execu- tive authority of the ftate from which he fled, be deli- vered up, to be removed to the ftate having jurifdiclion of the crime.

No perfon, held to fervice or labour in one ftate, under the laws thereof, efcaping into another, fhall, in confequence of any law or regulation therein, be dif- charged from fuch fervice or labour y but fhall be de- livered up on claim of the party to whom fuch fervice or labour may be due.

Sefl. 3. New ftates may be admitted by the Con* grefs into this union ; but no new ftate fhall be formed or erected within the jurifdiclion of any other ftate ^ nor any ftate be formed by the junction of two or more ftates, or parts of ftates, without the confent of the le- giflatures of the ftates concerned, as well as of the Con- grefs.

The Congrefs fhall have power to difpofe of, and make all needful rules and regulations reflecting the territory or other property belonging to the United States : and nothing in this conftitution fhall be fo con- ftrued, as to prejudice any claims of the United States, or of any particular ftate.

Sed. 4. The United States fhall guarantee to every ftate in this union, a republican form of government; and fhall protect each of them againft invafion ; and on applica- tion of the legiflature, or of the executive (when the le- giflature cannot be convened) againft domeftic violence.

ARTICLE V.

The Congrefs, whenever two-thirds of both Houfes fhall deem it neceffary, fhall propofe amendments to this conftitution, or, on the application of the legifla- tures of two-thirds of the feveral ftates, fhall call a con- vention for propofing amendments, which, in either ,cafe, fhall be valid 3 to all intents and purpofes, as part

■Vol.* Io C

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of this conftitution, when ratified by the Iegiflatures. of three-fourths of the feveral dates, or by conventions in three-fourths thereof, as the one or the other mode of ratification may be propofed by the Congrefs ; pro- vided, that no amendment, which may be made prior to the year one thoufand eight hundred and eight, mail in any manner affect the firft and fourth clauies in the ninth fection of the firft article ; and that no flate, with- out its confent, mail be deprived of its equal fu.frrage in the fenate.

ARTICLE VI.

All. debts contracted, and engagements entered into,, before the "adoption of this conftitution, mail be as va- lid againft the United States, under this conftitution5 as. under the confederation.

This conftitution, and the laws of the United States which iliall be made in purmance thereof, and all trea- ties made, or which mail be made, under the authority of the United States, fhall be the fupreme law of the land: and the judges, in every flate, fhall be bound thereby,, any thing in the conftitution or laws of any flate to the contrary notwithstanding.

The Senators and Reprefentatives before mentioned, and the members of the feveral ftate legiflatures, --uid all executive and judicial officers, both of the United States and of the feveral ftates, fhall be bound, by oath or affirmation, to rapport this conftitution ; but no reli- gious teft fhall ever be required as a qualification to any office or public truft under the United States..

ARTICLE VIL

The ratification of the conventions of nine ftates-, mail be fiifncient for the eftablifhment of this conftitution be- tween the ftates fo ratifying the fame. Done in convention, by the unanimous confent of the fates

prefent, the feventeenth day of Septe?nber^ in the year of

t >9 3

mr Lord one thou/and /even hundred and eighty ■-/even, and of the independence of the United States of America the twelfth In witnefi thereof we have hereunto fub-

GEORGE WASHINGTON, _

Prudent, and Deputy from Virginia.

C John Langdon, 1 \ Nicholas Gilman. C Nathaniel Gorham, I Rufus King. ( William Samuel Johnfon, I Roger Sherman* <{ Alexander Hamilton.

William Livingfton, David Brearley, William Faterfon, Jonathan Dayton.

our names.

New-Hampjhife

MaJachufettS}

Conneclicui^ New-York,

New-Jerfey,

Tennfylvania^

Delaware^

Maryland? Virginia,

r

\

Benjamin Franklin, Thomas Mifflin, Robert Morris, George Clymer, Thomas Fitzfimons, Jared Ingerfol, . James Wilfon, Gouverneur Morris.

f George Reed,

Gurming. Bedford, junior, \ John Dickinfon, | Richard Baflett, L Jacob Broom. (James M'Henry, ) Daniel of St. Thomas Jenifer, £ Daniel Carroll. ("John Blair, l James Madifcn, junior.

t 2° ]

( William Blount, North-Carolina, j Richard Dobbs Spaight, C Hugh Williamfon.

{John Rutledge, CharlesCotefworthPinckney, Charles Pmckney, Pierce Butler.

~ . C William Few*

* ' I Abraham Baldwin.

William Jackson, Secretary*

IN CONVENTION, Monday, September 17, 1787.

PRESENT,

The states of new-hampshire, Massachusetts^ connecticut;,, mr* hamilton, from new york, new-jersey, pennsylvania, delaware, mary- land, virginia, north-carolina, south-ca- rolina, and geopvgia : Resolved,

THAT the preceding conftitution be laid before the United States in Congrefs aflembled, and that it is the opinion of this convention, that it mould after- wards be fubmitted to a convention of Delegates, chp- fen in each ftate by the people thereof, Under the re- commendation of its legiflature, for their affent and ratification ; and that each convention aifenting to, and ratifying the fame, mould give notice thereof to the Uni- ted States in Congrefs aflembled.

Refohed, That it is the opinion of this convention, that as foon as the conventions of nine ftates fLall have ratified this conftitution, the United States in Congrefs aflembled fliould fix a day on which electors fhould be appointed by the ftates which {hall have ratified the fame, and a day on which the electors fliould aflemble to vote for the Prefidentj and the time and place for

- [ : *t ]

commencing proceedings under this conftitution. That after fuch publication, the electors mould be appointed, and the Senators and Reprefentatives elected. That the electors mould meet on the day fixed for the election of the Prefident, and fhould tranfmit their votes, certified, figned, fealed and directed, as the conllitution requires, to the Secretary of the United States in Congrefs affera- bled. That the Senators and Reprefentatives fhould convene at the time and place affigned. That the Sena- tors mould appoint a Prefident of the Senate, for the fole purpofe of receiving, opening and counting the votes for Prefident • and, that after he mail be chofen, the Congrefs, together with the Prefident, mould, with- out delay, proceed to execute this conftitution. By the Unanimous Order of the Convention:

GEORGE WASHINGTON, PrefidenU William Jackson, Secretary.

IN CONVENTION, September, 17, 1787.

IR,

E have now the honor to fubmit to the confi- deration of the United States in Congrefs af- fembled, that conftitution which has appeared to us the mofl advifable.

The friends of our country have long feen and defir- ed, that the power of making war, peace and treaties ; that of levying money and regulating commerce, and the correfpondent executive and judicial authorities* mould be fully and effectually veiled in the general go- vernment of the Union : But the impropriety of delega- ting fuch extenfive trufl to one body of men is evident—- Hence remits the neceflity of a different organiza- tion*

It is obvioufly impracticable in the federal govern- ment of thefe flates, to fecure all rights of independent fovereignty to each, and yet provide for the intereft and fafety of all : Individuals entering into fociety, mult

t « ]

give up a fhare of liberty to preserve the refh The magnitude of the facrilice muff depend as well on fitua- tion and circumftance, as on the object to be obtained. It is at all times difficult to draw with precifion the line between thofe rights which mufl be furrendered, and thofe which may be refer ved ; and on the prefent occafion, this difficulty was encreafed by a difference among the feveral ftates as to their fituation, extent, habits, and particular interefts*

In all our deliberations on this fubject we kept fteadi- ly in our view, that which appears to us the greateft in- terefl of every true American, the confolidation of our Union, in which is involved our profperity, felicity, fafety, perhaps our national exiften.ee. This important confideration, ferioufly and deeply impreffed on our minds, led each date in the convention to be lefs rigid on points of inferior magnitude, than might have been otherwife expected j and thus the conflituticn, which we now preient, is the refult of a fpirit of amity, and of that mutual deference and conceffion which the peculi- arity of our political fituation rendered indifpenfible.

That it will meet the full and entire approbation of every ftate, is not perhaps to be expected ; but each will doubtlefs confider, that had her intereft been alone con- fulted, the confequences might have been particularly difagreeable or injurious to others ; that it is liable to as few exceptions as could reasonably have been expected, we hope and believe ; that it may promote the lafting welfare of that country fo dear to us all, and fecure her freedom and happinefs, is our moft ardent wifh«

With great refpect.

We have the Honor to be, SIR, Your Excellency's molt

Obedient and humble Servants : GEORGE WASHINGTON, PrefidenU

By unanimous Order of the Convention. His Excellency

The President of Congress,

C T S

PASSED AT THE

FIRST SESSION

OF THE

FIRST CONGRESS

OF THE

United States of America,,

BEGUN AND HELD AT THE CITY 0? NEW-YORK,

On Wednefday the Fourth of March,

IN THE YEAR M,DCC,LXXXIX J

A ND OF THE

Independence of the United States. THE THIRTEENTH.

£0**

O F

CONG R E S S,

— i — ' ii I ii H ii i ' -■' • - ■

CHAPTER I.

An Aft to regulate the Time and Manner of 'ad~ minifiering certain Oaths.

Section i . TTfc E it enacled by the Senate and jL# Reprefentati-ves of the United States of America in Congrefs a/fembled, That the oath or affirmation required by the fixth arti- cle of the Conftitution of the United States, fhall be adminiflered in the form following, to wit, " I, A* B. do folemnly fwear or affirm (as oath to the cafe may be) that I will fupport the Con- fupport the ftitution of the United States." The faid oath on? ' U or affirmation fhall be adminiflered within three fi* formo^ days after the parting of this act, by any one ^j^red" member of the Senate, to thePrefldent of the totheprefw Senate, and by him to all the members and to bSand £ the Secretary; and by the Speaker of the Houfe cretary of of Reprefentatives, to all the members who J^j&fijj have not taken a fimilar oath, by virtue of a and clerk of particular refolution of the faid Houfe, and to rep,e°enu* the Clerk : And in cafe of the abfeilce of any tives. member from the fervice of either Houfe, at the time prefcribed for taking the faid oath or affirmation, the fame lhall be adminiflered to fuch member, when he fhall appear to take his feat.

Sec. 1. And be it further enacled^ That at the firfl feffion of Congrefs after every general elec- tion of Reorefentatives, the oath or affirmation

Yol. L E>

I 3* ]

Vp «*lm- aforefaid, fhall be adminiftered by any one mem-

nS lit ber of theHoufe cf Reprefentatives to theSpea-

houfeofre- ker ; and by him to all the members prefent,

Sves^hcre- and to ^Q clerkj previous to entering on any

after c'.d- other bufmefs ; and to the members who mall

ed & when. afterWards appear, previous to taking theirfeats.

The Prefident of the Senate for the time beinp-,

mail alio adminifter the faid oath or affirmation

to each Senator who (hall hereafter be elected,

previous to his taking his feat : And in any

future cafe of a Prefident of the Senate, who

mall not have taken the faid oath or affirmation,

the fame mall be adminiftered to him by any

one of the members of the Senate.

To m m- ^ec* 3* ■^-nc^ ^>e it farther enabled) That the

bars ornate members of the feveral ftate legislatures, at the

^n^to'an next feffi°ns °f the ^a^ legiflatures refpeftively,

executive& and all executive and judicial officers of the fe-

ieVof °m vera^ ^ates? w^° ^ave DeeH heretofore chofen feveral or appointed, or who fhall be chofen or ap- pointed before th« firft day of Auguft next, and who mall then be in office, fhall, within one ' month thereafter, take the fame oath or affir- mation, except where they fhall have taken it before ; which may be adminiftered by any per- fon authorifed by the law of the ftate, in which fuch office fhall be holden, to adminifter oaths, and when. ^ncj ^ members 0f the feveral ftate legifla- tures, and all executive and judicial officers of the feveral ftates, who fhall be chofen or ap- pointed after the faid firft day of Auguft, fhall, before they proceed to execute the duties of their refpective offices, take the foregoing oath or affirmation, which fhall be adminiftered by the perfon or perfons, who by the law of the ftate fhall be authorifed to adminifter the oath of office ; and the perfon or perfons fo adminif- tering the oath hereby required to be taken,

C v J

mall caufe a record or certificate thereof to be made, in the fame manner, as by the law of the flate, he or they, fhall be directed to record or certify the oath of office.

Sec. 4. And be it further enacled, That all To ajj 0^_ officers appointed, or hereafter to be appointed cers of the under the authority of the United States, fhall, apposed before they acl in their refpeclive offices, take orto^eap. the fame oath or affirmation, which mall be ad- f°™ ^hcf' miniftered by the perfon or perfons who fhall aA- be authorifed by law to adminifler to fuch offi- cers their refpeclive oaths of office ; and fuch officers fhall incur the fame penalties in cafe of failure, as fhall be impofed by law in cafe of failure in taking their refpeclive oaths of office.

Seel. 5. And be it further enacted, That the oathofof- Secretary of the Senate, and the Clerk of the l^kZlfl Houfe of Reprefentatives for the 'time being, clerk of the mall, at the time of taking the oath or affirma- ^J^* a. tion aforefaid, each take an oath or affirmation tives. in the words following, to wit ; " I, A. B. Se- cretary of the Senate, or Clerk of the Houfe of Reprefentatives (as the cafe may be) of the United States of America, do folemnly fwear or affirm, that I v/ill truly and raithfully difcharge the duties of my faid office, to the beft. of my knowledge and abilities.

FREDERICK AUGUSTUS MUHLENBERG, Speaker of the Houfe of Reprefentatives*

JOHN .ADAMS, Vice-Preftdent of the United States and Prcfident of the Senate.

Approved, June 1, 1789:

GEORGE WASHINGTON,

Prefident of the United States.

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CHAPTER II.

An A ft for laying a Duty on Gcods, Wares, and Merchandises imported into the United States..

(repealed.)

CHAPTER III.

An Ad impojlng Duties on Tonnage, (repealed. )

CHAPTER IV,

An Aft for ejfablifhing an Executive Depart menty to be denominated the Department of Foreign Affairs.

(repealed.)

CHAPTER V.

An Aft to regulate the Colkftion of the Duties impofed by Law on the Tonnage of Ships or VeJJels, and on Goods, Wa?-es and Merchan- dizes imported into the United States, (repealed.)

C *9 ]

■ CH.APTE R VI.

An Aft for fettling the Accounts between the United States and individual States.

Se&ion 1. "DE it enacled by the Senate and JO Houfe of Reprefentatives of the United States of America fn Congrefs affembled, That the Prefident of the United States be, and k&SSird he hereby is empowered to nominate, and by of commif- and with the advice and confent of the Senate, t°n"ei°£ to appoint fuch perfon or perfons as he may plied, think proper for fupplying any vacancy that now is, or may hereafter take place in the Board of Commiffioners, eftablifhed by an or- dinance of the late Congrefs, of the feventh of May, one thoufand feven hundred and eigh- ty-feven, to carry into effect the faid ordinance and refolutions of Congrefs, for the fettlement of accounts betwasn the United States and in- dividual ftates.

Sec. 2. And be it further enafted. That the Clerks to^ faid Board of Commiffioners be, and they ted. hereby are empowered to appoint a chief clerk, and fuch other clerks as the duties of their of- fice may require ; and mat the pay of the faid chief clerk be fix hundred dollars per annum, and of each other clerk four hundred dollars per annum.

FREDERICK AUGUSTUS MUHLENBERG,

Speaker of the Houfe of Reprefentatives.

JOHN ADAMS, Vice- Prefident of the United States, and Prefident of the Senate,

Approved, Auguft the 5th, 1789 :

GEORGE WASHINGTON,

Prefident of the United States.

their fab- rics.

C 3° 2 '

CHAPTER VII.

An Acl to eflablijh an Executive Department, to be denominated the Department of War.

Section i . "|3 E it enaeled by the Senate and J[3 Houfc of Reprefentatives of the United States of America in Congrefs a(fem- bled, That there fhall be an executive depart- ment, to be denominated the Department of War ; and that there lhall be a principal offi- cer therein, "to be called the Secretary for the Department of War, who fhall perform and execute fuch duties as lhall from time to time be enjoined on, or entrusted to him by the Prefident of the United States, agreeably to the conftitution, relative to military commif- fions, or to the land or naval forces, mips, or warlike ftores of the United States, or to fuch other matters refpecung military or naval ?j- fairs, as the Prefident of the United States fhall ailign to the faid department, or relative to the granting of lands to perfons entitled thereto, for military fervices rendered to the United States, ©r relative to Indian affairs. : And fur- thermore, that the faid principal officer fhall conduct the bufmefs of the faid department in fuch manner, as the Prefident of the United States mall from time to time order or inflruci. Sec. 2. And be it further enacted, That there fhall be in the faid department, an infe- rior officer, to be appointed by the faid prin- cipal officer, to be employed therein as he fhall deem proper, and to be called the chief clerk in' the department of war, and who, whenever the faid principal o,fficer mall be removed from office by the Prefident of the United States, or in any other cafe of vacancy, fhall during fuch vacancy, have the charge. and cuftcdy of all

C 3' ]

records, books and papers, appertaining to the faid department.

Sec. 7. And be it further enacled, That the faid principal officer, and every other perfon flcac °* ° " to be appointed or employed in the faid de- partment, mall, before he enters on the exe- cution of his office or employment, take an oath or affirmation well and faithfully to exe- cute the truft committed to him.

Sec. 4. And be it further enacted, That the gec'ry to Secretary for the Department of War, to be ap- l^ke charse pointed in confequence of this ad, mall forth- &cPofwi with after his appointment, be entitled to have department the cuflody and charge of all records, books and papers in the office of Secretary for the Department of War, heretofore eftablimed by the United States in Congrefs aflembled.

FREDERICK AUGUSTUS MUHLENBERG,

Speaker of the Houfe of Reprefentatives.

JOHN ADAMS, Vice-Prefident of the United States, and Prefident of the Senate.

Approved, Augufl 7th, 1789:

GEORGE WASHINGTON,

Prefident of the United States.

t V 1

CHAPTER VIII.

An Acl to provide for the Government of the Territory North-Weft of the River Ohio.

Hedui. "VYTHEREAS *n order that the ordinance V V °f the United States in Congrefs af- fembled, for the government of the territory north-weft of the river Ohio may continue to have full effect, it is requifrte that certain pro- vifions fhould be made, fo as to adapt the fame to the prefent conftitution of the United States: Governor Secfion i. Be it enacled by the Senate and communis Houfe of Reprefentatives of the United States of cation to America in Congrefs ajfembled^ That in all ca- dinto? the ^es in which by the faid ordinance, any infor- United mation is to be given, or communication made states. ky tjle Governor 0f the faid territory to the United States in Congrefs aflembled, or to any of their officers, it fhall be the duty of the faid Governor to give fuch information and to make fuch communication to the Prefident wTo'be °f the United States ; and the Prefident fhall appointed, nominate, and by and with the advice and confent of the Senate, fhall appoint all officers which by the faid ordinance were to have heen appointed by the United States in Congrefs' aflembled, and all officers fo appointed, fhall commir- be commiffioned by him : and in all cafes where the United States in Congrefs aflembled,. might, by the faid ordinance, revoke any com- mimon or remove from any office, the Prefi- dent is hereby declared to have the fame pow- ers of revocation and removal.

Sec. 2. And be it further enacled ', That in cafe of the death, removal, refignation, or ne- ceffary abfence of the Governor of the faid ter- ritory, the Secretary thereof fhall be, and he

fioned and removed.

i 33 3

is hereby authorifed and required to execute In ™fc3 «* all the powers, and perform all the duties of SS&jJ the Governor, during the vacancy occafioned ^ret^t© by the removal, refignation or neceffary ab- po'ver'of ° fence of the faid Governor. governor

during fuch

FREDERICK AUGUSTUS MUHLENBERG, vacancy' Speaker of the Houfe of Repnfentatives.

JOHN ADAMS, Vice- Prejident of the United States , and Prejident of the Senate. Approved, Auguft the. 7th, 1789:

GEORGE WASHINGTON, Prejident of the United States.

CHAPTER DC.

An Acl for the EjiabliJIoment and Support of Light-Hoiifeiy Beacons, Buoys * and public Piers,

Section i.lfYE it entitled by the Senate and

J3 Houfe of Reprefentative's of the Expences United States of America in Congrefs djfembledr after ntS That all expences which mall accrue from and J^be'dX after the fifteenth day of Auguft, one thoufand frayed out feven hundred and eighty-nine, in the neceffary ^ uSatcs fupport, maintenance and repairs of all light- houfes, beacons, buoys and public piers, erec- ted, placed, or funk before the patting of this aft, at the entrance of, or within any bay, in- let, harbour, or port of the United States, for rendering the navigation thereof eafy and fafey Vol. I, " £

[ 34 ]

/hall be defrayed out of the treafury of the Pro-vided a United States : Provided ne-veribelefs, That mSe^th- n°ne of the faid expences fhall continue to be inoncycar. fo defrayed by the United States, after the ex- piration of one year from the day aforefaid, unlefs fuch light-houfes, beacons, buoys and public piers, fhall in the mean time be ceded to, and verted in the United States, by the ftate or ftates refpeclively in which the fame may be, together with the lands and tenements thereunto belonging, and together with the jurifdi£tion of the fame.

tight houfe Sec.: 2. And be it further enatled, That a ted neareC" light-houfe fhall be erected near the entrance chcTTakl °^ the C'hefapeake-Bay, at fuch place, when ^e apea e ^^ tQ ^ Tjnite(j States in manner aforefaid,

as the Prefident . of the United States fhall di- rect

Seel* 3. And be it further enaSled, That if treafur^to maU t>e tne duty -of the Secretary of the Trea- contra<a for -fury to provide by contracts, which fhall be repairmg, approved by the Prefident of the United States, vfc. when for building a light-houfe near the entrance ncct ary. Q£ Q^^p^^jQ^j ^ „anci- for rebuilding when

necefTary, and keeping in good repair, the light-houfes, beacons, buoys, and public piers in the feveral ftates, and for furnifhing the fame, with all necefTary fupplies f and alfo to agree for the falaries, wages, or hire of the perfon or perfons appointed by the Prefident, for thefu- perintendance and care of the fame.

Seel. 4. And be it further enacled, That all pil°tl^dbe pilots in the bays, inlets, rivers, harbours and byttieexift- ports of the United States, fhall continue to be ^s1^™^' regulated in conformity with the exifting laws rive dates, ofthe ftates refpedtively wherein fuch pilots jnay be, or with fuch laws as the flates may

C 35 ]

refpedively hereafter enaft for the purpofe, un- til further legillative provinon ftiall be made by Congrefs.

FREDERICK AUGUSTUS MUHLENBERG,

Speaker of the Houfe of Reprefentatives.

JOHN ADAMS, Vice-Prefident of the United States, and Prejident of the Senate.

Approved, Augufl the 7th, 1789 :

GEORGE WASHINGTON,

Prejident of the United States.

CHAPTER X.

An Act providing for the Expenses which may attend Negociations or Treaties with the Indian Tribes, and the Appoint?nent of CommiJJion* ers for managing the fame.

(expired. J

CHAPTER XI.

An Aft for regiftering and clearing Veffels, re- gulating the Coqfling Trade, and for other Purpofes. . .

(repealled.)

t 3S 3 CHAPTER XII.

An Aft to efiahlijlo the Treafury Department.

Se&ion i. T> £ it enafted by the Senate and

J3 Uoufe of Reprefentathes of the

Depart- United States of America in Congrefs affembled,

»aCteddeflS" "^at ^ere $N8 )jQ a department oi Treafury,

jn whicli fhall be thefollowing officers, namely ;

a' Secretary of the Treafury, to be deemed head

of the department 5 a Comptroller, an Audi-

officers tor' a Treafufer, a Regifter, and an Affiftant

tliemn, to the Secretary of the Treafury, which Affiftant

" be appointed by the faid Secretary.

Duties of the iecrcta-

Sec. 2. And be it further enacled, That it fliall be the duty of the Secretary of the Trea- ty, fury to digeft and prepare plans for the improve- ment and management of the revenue, and for the fupport. of .public credit; to prepare and report eftimates of the public revenue, and the public expenditures ; to fuperintend the collec- tion of the revenue ; to decide on the forms of keeping and ftating accounts and making re- turns,' and to grant under the limitations here- in eftablifned, or to be hereafter provided, all warrants for monies to be iffued from the Trea- fury, in purfuance of appropriations by law ; to execute fuch fervices relative to the fale of the lands belonging to the United States, as may be by law required of him ; to make re- port, and give information to either branch of the Legislature, in perfon or in writing (as he may be required,) refpecling all matters refer- red to him by the Senate or Iioufe of Repre- fentatives, or which mail appertain to his office ; and generally to perform all fuch fervices re- lative to the finances, as he fhall be directed to perform.

I 37 1

Sec 3. And be it further matted, That it ^fecsom£ {hall be the duty of the Comptroller to fuper- troiier. intend the adjuftment and prefervation of the public accounts ; to examine all accounts fettled by the Auditor, and certify the balances arifmg thereon to the Regiiler ; to counterfign all warrants drawn by the Secretary of the Trea- fury, which mall be warranted by law ; to re- port to the Secretary the official forms of all papers to be iffued in the different offices for collecting the public revenue, and the manner and form of keeping and Hating the accounts of the feveral perfons employed therein : He mall moreover provide for the regular and punctual payment of all monies which may be collected, and mail direct profecutions for all delinquen- cies of officers of the revenue, and for debts that are, or mall be due to the United States.

Sec. 4. And be it further enabled^ That it of the mall be the duty of the Treafurer to receive treafarer* and keep the monies of the United States, and to difburfe the fame upon warrants drawn by the Secretary of the Treafury, counterfignea by the Comptroller, recorded by the Regifter, and not otherwife ; he mall take receipts for all monies paid by him, and all receipts for monies received by him, fhall be endorfed up- on warrants figned by the Secretary of the Trear fury, without which warrant fo figned, no ac~ knowledgment for money, received into the public treafury mall be valid. ' And the faid Treafurer mall render his accounts to the Comp- troller quarterly (or oftener if required,) and fhall tranfmit a copy thereof, when fettled, to the Secretary of the treafury. He fhall moreo- ver, on the third day of every feffion of Con- grefs3 lay before the Senate and Houfe of Re- prefentatives, fair and accurate copies of all

rcr.

] 38 ]

Dbtios r,r accounts by him from time to time' rendered l" to, and fettled with the Comptroller as afore- faid, as alio, a true and perfect account of the Rate of the treafury. He mail at all times fub- mit to the Secretary of the Treafury, and the Comptroller, or either of them, the infpecticn of the monies in his hands ; and fha!l, prior to the entering upon the duties of his office, give bond, with fufficient fureties, to be approv- ed by the Secretary of the Treafury and Comp- troller, in the fum of one hundred and fifty thoufand dollars, payable to the United States, with condition for the faithful performance of the duties of his office, and for the fidelity of the perfons to be by him employed, which bond fliali be lodged in the office of the Comp- troller of the Treafury of the United States.

ofthsau- 'Sec. 5. And be it further enaded, That it mall be the duty of the Auditor to. receive all public accounts, and after examination to cer- tify the balance, and tranfmit the accounts with the vouchers and certificate to the Comp- troller for his decifion thereon : Provided. That if any perfon whofe account fhall be fo audited, be diffatisfied therewith, he may with- in fix months appeal to the Comptroller .againft fuch fettlement. of there ... . Sec. 6. And be it further ■enacted ', That it fhall be the duty, of the Regifter to keep all ac- counts of the receipts and expenditures of the public money, and of all debts due to or from the United States ; to receive from the Comp- . troller the accounts which fhall have been fi- nally adjufted, and to preferve fuch accounts with their vouchers and certificates: to record ■ all' warrants for the receipt or payment of mo- nies at the treafury, certify the fame thereon,

dito

gifter ir

office under this adi:,

[ 39 ]

and to tranfmit to the Secretary of the Trea- Jury, copies of the certificates of balances of ac- counts adjufted as is herein directed.

Sec. 7. And. be it further evaded. That £eeretary whenever the Secretary mall be removed from removed,©* office by the Frefident of the United States, or ^aSfl* in any other cafe of vacancy in the office of tanttohave Secretary, the affiftant fhall, during the vacan- ^S,^ cy, have the charge and cuftody of the re- cords, hooks, and papers appertaining to the faid office.

Sec. 8. And be it further enacled, That no „ r

. ... . . ,..- J- as-, ,- •„, . £, Perfonsap-

perfon appointed to any office inihtuted by pointed to this aft, fhall directly or indirectly be concern- ed or interefted in carrying on the bufinefs of trade or commerce, or be owner in whole- or in part of any fea veffel, or purchafe by him- prohibition felf, or another in trull for him, public lands llF°04 or any other public property, or be concerned in the purchafe or difpofal of any public fecu- rities of any fiate, or of the United States, or take or apply to his own ufe, . any emolument or gain for negociating or tranfacting any bu- finefs in the fajd department, other than what mall be allowed by law ; and if any perfon breach of fhall offend againfl any of the prohibitions of l" em 'this act, he fhall be deemed guilty of a high mifdemeanor, and forfeit to the United States the penalty of three thoufand dollars, and fhall upon conviction be removed from office, and forever thereafter incapable of holding any of- fice under the United States : Provided; That if any other perfon than a public profecutor fhall give information, of any fuch ofFence, up- on which a profecution and conviction fhall fee had, one half the afbrefaid penalty of three

And penal- ty for

C 40 ]

thoufand dollars, when recovered, fhall be for

the ufe of the perfon giving fuch information.

FREDERICK AUGUSTUS MUHLENBERG,

Speaker of the Houfe of Reprefentatives.

JOHN ADAMS, Vice- Prefident of the United

Stat s^ and Prefident of the Senate.

Approved, September the 2d, 1789:

GEORGE WASHINGTON, Prefident of the United States.

Annual fa laries efta; biifiied, payable Cfuarterly ;

CHAPTER XIII.

Art A3 for eftablifhingthe Salaries of the Execu- tive Officers of Government , with their AJJif* iants and Clerks.

Section I. "0> E it enacled by the Senate and J3 Houfe of Reprefentatives of the United States of America in Congrefs affembled^ That there fhall be allowed to the Officers here- after mentioned, the following annual falaries, payable quarterly at the treafury of the United States: To the Secretary of the Treafury, three thoufand five hundred dollars : To the Secre- tary in the department of ftate, three thoufand S^haVof- fiye hundred dollars : To the Secretary in the department of war, three thoufand dollars : To the Comptroller of the treafury, two thoufand dollars : To the Auditor, fifteen hundred dol* lars : To the Treafurer, two thoufand dollars : To the Regifter, twelve hundred and fifty dol- lars: To the Governor of the weftern territory, for his falary as fuch, and for discharging the duties of fuperintendant of Indian affairs in the northern department, two thoufand dollars: To the three judges of the weftern territory, each

-iicers al- lowed.

t 4» 1

feighthundred dollars: TotheaMantoftheSte* cretary of the Treafury, fifteen hundred dollars* To the chief clerk in the department of ftate, eight hundred dollars : To the chief clerk in. the department of war, fix hundred dollars : To the Secretary of the weftern territory, feven hundred and fifty dollars : To the principal clerk of the Comptroller, eighthundred dollars : To the principal clerk of the Auditor, fix hun- dred dollars: To the principal clerk of the Trea- furerj fix hundred dollars*

Sec* 2* And be it further endcled, That the Hea& <*f heads of the three departments firfl above men* JfJJJJ",^ tioned, fhall appoint fuch clerks therein refpec- appoint tively as they fhall find neceffary ; and the fala- clerks ; ry of the faid clerks refpe&ively fhall not exceed the;r fa^ the rate of five hundred dollars per annum. "«»

FREDERICK AUGUSTUS MUHLENBERG,

Speaker of the Houfe of Reprefentatives,

JOHN ADAMS, Vice-Prcfident of the United States, and Prejident of the Senate*

Approved, September the nth, 1789:'

GEORGE WASHINGTON,

Prejident of the United States*

CHAPTER XIV.

An Acl to provide for the Safe-keeping of the. Acls, Records, and Seal of the United States t and for other Purpofes*

Seftion 1 , "Of E it enaEied by 'the Senate and

JL3 Houfe of Reprefentatives of the

United States of America in Congrefs affembled^

That the Executive Department, denominated

Vol. I. F

L 42 1

mcntof fo- ^e Department of Foreign Affairs, fhall here* reigaafl^irs after be denominated the Department of State, the depl-t° anc* t^le principal officer therein fhall hereafter mem of be called the Secretary of State.

Sec. 2. And be it further ena fled , That when- ever a bill, order, resolution or vote of the Se- Additionai nate and Houfe of Reprefentatives, having been figned ie approved and figned by the Prehdent of the fecreuryof United States, or not having been returned by partment, -him with his objections, fhall become a law, or take effect, it fhall forthwith thereafter be re- ceived by the faid Secretary from the Prefident: and whenever a bill, order, refolution or vote, fhall be returned by the Prefident with his ob- jections, and fhall, on being reconfidered, be agreed to be paffed, and be approved by two- thirds of both Houfes of Congrefs, and thereby become a law or take effect, it fhall, in fuch cafe, be received by the faid Secretary from the Prefident of the Senate, or the Speaker of the -Houfe of Reprefentatives, in whichfoever Houfe it fhall laft have been fo approved ; and the faid Secretary fhall, as foon as conveniently may be, after he fhall receive the fame, caufe every fuch law, order, refolution, and vote, to bepublifh- ed in at leafl three of the public newfpapers printed within the United States, and fhall alfo caufe one printed copy to be delivered to each Senatorand Reprefentativeof the United States, and two printed copies duly authenticated to be fent to the executive authority of each flate j and he fhall carefully preferve the originals, and fhall caufe the fame to be recorded in books to be provided for the purpofe.

Sec. 3. And be it further enacled. That the seal of the feal heretofore ufed by the United States in United Congrefs affembled, fhall be and hereby is de- clared to be the feal of the United States.

t 43 1

Sec. 4. And be it further enatled, That the J^ » faid Secretary fhall keep the faid feal, and fhall fix the fcai make out and record, and fhall affix the faid ^mif.1 feal to all civil commiffions, to officers of the fions. United States, to be appointed by the Prefident by and with the advice and- confent of the Se- nate, or by the Prefident alone. Provided, That the faid feal fhall not be affixed to any com- miffion, before the fame fhall have been figned by the Prefident of the United States, nor to. any other inftrument or aft, without the fpeci- al warrant of the Prefident therefor.

Sec. 5. And be it further enaded, That the. s«^[7 l° faid Secretary fhall caufe a feal of office to be fcai of office made for the faid department, of fuch device as the Prefident of the United States fhall approve, and all copies of records and. papers in the faid office, authenticated under the faid feal, fhall be evidence equally as the original record or paper.

Sec. 6. Andbe it further enatled, That there Jee* °£ °f* fhall be paid to the Secretary, for the ufe of the paidforthe United States, the following fees of office, by1 ^e. °| the the perfons requiring the fervices to be per- states. formed, except when they are performed for any officer of the United States, in a matter relating to the duties of his office, to wit : For making out and authenticating copies of records, ten cents for each fheet, containing one hun- dred words ; for authenticating a copy of a re- cord or paper under the feal of office, twenty- five cents.

Sec. 7. And be it further enaclcd^Th^t the Seeretar/to faid Secretary fhall forthwith after his appoint- ^fpa^erl ment,be entitled to havethe cuftody and charge &c. of fete of the faid feal of the United States, and alfo Consrefs' of all books, records and papers, remaining in the office of the late Secretary of the United

C 44 ]

States in Congrefs affembled ; and fuch of the iaid books, records and papers, as may apper- tain to the treafury department, or war depart- ment, mall be delivered over to the principal officers in the faid departments relpetuvely, as, the Prefident of the Onited States fhall direct

FREDERICK AUGUSTUS MUHLEISBERG>

Speaker of the Honfe of Reprefentatives.

JOHN ADAMS, Vice-Prefdent of the United States, and Prefident of the Senate*.

Approved, September the 15th, 1789 ;

GEORGE WASHING

Prefident of the United States,.

CHAPTER XV.

In Acl tofufpend Part of an Acl, entitled, " Am Ad to regulate the Colledhn of the Duties im-> pofed by haw on the Tonnage of Ships or Vef. fels, and on Goods, Wares, and Merchandizes \ imported into the United States," and for of hew Purpofeu

""'■"TiiwmHftHif

CHAPTER XVI.

'An. Aft for the temporary Eflablifhmeni of tM Pofl-Office.

(EXMItMD'J.

C 45 3

CHAPTER XVII.

An Ad for allowing Compenfation to the Members of the Senate and Haufe of Reprefcntatives of the United States, and to the Officers of both Houfeu

CHAPTER £VIII.

An Aft for allowing certain Compenfation to the fudges of the Supreme and other Courts , and to the Attorney-General of the United States.

Section i, TOE it enailed by the Senate and Sa|arjes e| JL3 Houfe of Reprefentatives of the chief juf- United States of America in Congrefs affembledy SJhefii^"* That there fhall be allowed to the judges of the premecourt fupreme and other courts of the United States, ^l^xx^ the yearly compenfations herein after mention- ed, to wit ; to the chief juftice, four thoufand dollars ; to each of the juftjees of the fupreme court, three thoufand five hundred dollars ; to the judge of the diftri£t of Maine, one thoufand dollars ; to the judge of the diftricT: of New- Hampfhire, one thoufand dollars ; to the judge of the diftrict of Maifachufetts, twelve hundred; dollars ; to the judge of the diftricT: of Con- necticut, one thoufand dollars ; to the judge of the diftricT: of New- York, fifteen hundred dol- lars; to the judge of the diftricT: of Mev-Jerfey,. one thoufand dollars ; to the judge of the cliftrict of Pennfylvania, fixteen hundred dollars ; to the judge of the diftricT: of Delaware, eight hun- dred dollars ; to the judge of the diftricT: of Maryland, fifteen hundred dollars ; to the judge of the diftrift p£ Virginia, eighteen hundred del-

r 46 ]

lars ; to the judge of the difh-icT of Kentucky, one thoufand dollars ; to the judge of the diftricT: of South-Carolina, eighteen hundred dollars ; to the judge of the diftrict of Georgia, fifteen hundred dollars ; and to the attorney-general of the United States, fifteen hundred dollars ; com. which compenfations fhall commence from their Sf andh^v refpettive appointments, and be paid at the payable treafury of the United States in quarterly pay- ments.

FREDERICK AUGUSTUS MUHLENBERG,

Speaker of the Houfe of R eprefentatives.

JOHN ADAMS, Vice-Preftdent of the United States, and Prefident of the Senate.

Approved, September the 23d, 1789:

GEORGE WASHINGTON,

Prefident of the United States.

CHAPTER XIX.

An Aclfor allowing a Compenfation to the Pre- Jident and Vice-Prefiden't of the United States.

Seclion 1 . "|3 E it enacled by the Senate and 5. s Houfe of Reprefentatives of the vice-dprefi^ Uiiited States of America in Congrefs a/fembled, dent of the That there fhall be allowed to the Prefident of. ««n enfa-' tne United States, at the rate of twenty-five tionto,com- thoufand dollars, with the ufe of the furniture S^ndhow anc* other effects, now in his poffeffion, belong- payabie, ing to the United States ; and to the Vice-Pre- fident, at the rate of five thoufand dollars per annum, in full compenfation for their refpec- tive fervices, to commence with the time of their entering on the duties of their offices ref-

[47 3

pectively, and to continue fo long as they mall remain in office, and to be paid quarterly out ©f the treafury of the United States. FREDERICK AUGUSTUS MUHLENBERG,

Speaker of the Houfe of Reprefentatives. JOHN ADAMS, Vice- P reft dent of the United States, and Prefident of the Senate.

Approved, September the 24th, 1789 :

GEORGE WASHINGTON,

President of the United States.

CHAPTER XX.

An Ad to efiablijh the yudicial Courts of the United States.

Se&ion 1. "|3 E it enacted by the Senate and J£3 Houfe of Reprefentatives of the United States of America in Congrefs affembled, court^chief That the fupreme court of the United States juffice, five mall confift of a chief juftice and five affociate ai ociates' juftices, any four of whom mail be a quorum, and mall hold annually at the feat of govern- ment two feffions, the one commencing the firft Two fe(r!~

OlIS 3 II 11 'J 3 1—

Monday of February, and the other the firft iy. Monday of Auguft. That the aifociate juftices fhali have precedence according to the date of their commiffions, or when the commiffions of two or more of them bear date on the fame day, according to their refpe&ive ages.

Seel. 2. And be it further enacled, That the Thirteen United States mail be, and they hereby are di- diftrias. vided into thirteen diftri&s, to be limited and called as follows, to wit ; one to confift of that part of the ftate of MaiTachufetts which lies eafterly of the ftate of New-Hampfhire, and to

t 48 3

tie called Main Diftricl ; one to confift of the itate of New-Hampfhire, and to be called New- Hampfhire Diftrict ; one to confift of the re- maining part of the date of Maflachufetts, and to be called Maflachufetts Diftrict ; one to ^confift of the Itate of Connecticut, and to be called Connecticut Diftricl: ; one to confift of the ftate of New- York, and to be called New- York Diftricl; ; one to confift of the ftate of New-Jerfey, and to be called New-Jerfey Dif- tricl: ; one to confift of the ftate of Pennfylva- Thcirdm- nia5 and to be called Pennfyjvania Diftricl:; one to confift of the ftate of Delaware, and to be called Delaware Diftricl: ; one to confift of the ftate of Maryland, and to be called Mary- land Diftricl ; one to confift of the ftate of Virginia, except that part called the Diftricl of Kentucky, and to be called Virginia Diftricl ; one to confift of the remaining part of the ftate of Virginia, and to be called Kentucky Diftricl; one to confift of the ftate of South- Carolina, and to be called the South -Carolina Diftricl ; and one.to confift of the ftate of Georgia, and to be called Georgia Diftricl.

Sec. 3. And be ii further1 enacted \ That there

be a court called a Diftricl Court, in each of

a a?ftri<a the aforementioned diftricls, to confift of one

ea°hdiftriajtidge, who fhall refide in the diftricl for which

he is appointed, and fhall be called a Diftricl

judge, and mall hold annually four fefiiOns^ the

four feffi- £rjfj. 0f which to commence as follows, to wit :

ons annual- . ■ ,. *. « 7 7

ly m a dif- in the diftricls of New- York and or New-Jeriey an? when on tne ^r^' *n ^ diftrict of Pennfylvania en held, ~ the fecond, in the diftricl of Connecticut on the third, and in the diftricl of Delaware on the fourth Tuefdays of November next; in the dif- tricls of Maflachufetts, of Main, and of Mary- land, on the firft ; in the diftricl of Georgia,

I 49 1

blithe fecond, and in the diftrifts of New* Hampfhire, of Virginia, and of Kentucky, oil the third Tuefdays of December next ; and the other three feffions progrefiively in the refpec- tive diftricls on the like Tuefdays of every third calendar month afterwards, and in the diftricl: of SoUth-Carolina, on the third Monday in March and September, the -firft Monday in July, and the fecond Monday of December of each and every year, commencing in December next ; and that the diftricl: judge (hall have pow-§pec;aidjfl) er to hold fpecial courts at his difcretion. That tri<a-court*. the dated diftricl: court mall be held at the places following, to wit, in the diftricl: of Main, at Portland and Pownalborough alternately, be- ginning at the firft; in the diflrict of New- Hampfhire, at Exeter and Portfmouth alter- nately, beginning at the firft ; in the drftricl of Maffachufetts, at Bofton and Salem alternately, beginning at the firft ; in the diftricl: of Con- necticut, alternately at Hartford and New-Ha- ven, beginning at the firft ; in the diftricl: of New- York, at New- York ; in the diftricl; of New-Jerfey, alternately at New-Brunfwick and Burlington, beginning at the firft ; in the dif- tricl: of Pennfylvania, at Philadelphia and York- Town alternately, beginning at the firft ; in the diftricl: of Delaware, alternately at Newcaftle and Dover, beginning at the firft ; in the dif- tricl: of Maryland, alternately at Baltimore and Eafton, beginning at the firft ; in the diftricl: of Virginia, alternately at Richmond and Wil- liamfburgh, beginning at the firft ; in the dif- trict of Kentucky, at Harrodfburgh ; in the diftricl: of South- Carolina, at Charleftqn ; and in the diftridt of Georgia, alternately at Savan- Special nah and Augufta, beginning at the firft ; and Jf^,^ that the fpecial courts fliall be held at the fame - Vol. I. G

t 5° ]

place in each diftricT as the ftated' courts, or in diftricTs that have two, at either of them, in the difcretion of the judge, or at fuch other place in the diftricT, as the nature of the bufmefs and his difcretion (hall direct. And that in the dif- tricTs that have but one place for holding the where re- diftricT court, the records thereof fhall be kept cords kept. at that place ; and in diftricTs that have two, at that place in each diftricT which the judge fhall appoint,

T vre* un~ Sec. 4. And be it further enacted. That the

cuits, &hcnv - ^ 1- n • c\ 1 r nt/r •

divided, before-mentioned dinners, except thofe or Main andKentucky,fhallbedividedinto three circuits, and be called the eaftern, the middle and the fouthern circuit. That the eaftern circuit fhall eonfift of the diftricTs of New-Hampfhire, Maf- fachufetts, ConnecTicut and New-York ; that the middle circuit fhall eonfift of the diftricTs of New-Jerfey,Pennfylvania, Delaware, Maryland and Virginia ; and that the fouthern circuit fhall eonfift of the diftricTs of South-Carolina and Georgia, and that there fhall be held an- nually in each diftricT of faid circuits, two courts which fhall be called circuit courts., and fhall eon- fift of any two juftices of the fupreme court, and the diftricT judge of fuch diftricTs, any two of whom fhall conftitute a quorum : Provided, That no diftricT judge fhall give a vote in any cafe of appeal or error from his own decifion ; - but may affign the reafens of fuch his decifion. Sec. 5. And be it further enacted. That the oi thl dr- foft fcftion of the faid circuit court in the feve- cuic courts, ral diftricTs fhall commence at the times follow- ing, to wit ; in New-Jerfey on the fecond, in New- York on the fourth, in Pennfylvania on the eleventh, in ConnecTicut on the twenty-fe- cond, and in Delaware on the twenty-feventh days of April next j in Maflachufetts on the

r 51 j

third, in Maryland on the feyenth, in South- p.rft f-ff n Carolina on the twelfth, In New-Hampfhire on of the dr- the twentieth, in Virginia on the twenty-fecond, cult courts- and in Georgia on the twenty-eighfh days of May next, and the fubfequent feffions in the refpective diftricts on the like days of every fixth calendar month afterwards, except in South- Carolina, where the feflion of the faid court fhall commence on the firft, and in Georgia where it fhall commence onthefeventeenth day of October, and except when any of thofe days mall happen on a Sunday, and then the femon fhall commence on the next day following. And the feflions of the faid circuit court fhall be held in the diftrict of New-Hampfhire, at Portfmouth and Exeter alternately, beginning at the firft ; in the. diftricTt of Maffackufetts, at Boflon ; in the diftrict of Connecticut, alternately at Hart- ford and New-Haven, beginning at the laft ; in the diftrict of New- York, alternately at New- York and Albany, beginning at the firft ; in the diftricTt of New-Jerfey, at Trenton; in the diftrict of Pennfylvania, alternately at Philadel- phia and York-Town, beginning at the firft ; in the diftricTt of Delaware, alternately at New- castle and Dover, beginning at the firft ; in the diftrict of Maryland, alternately at Annapolis and Eafton, beginning at the firft ; in the dif- trict of Virginia, alternately at Charlottefville and Wiiliamfburgh, beginning at the firft ; in the diftrict of South-Carolina, alternately at Columbiaand Charlefton, beginning at the firft ; ■and in the diftrict of Georgia, alternately at Sa- vannah and Auarufta, beginning at the firft. And the circuit courts fhall have power to hold fpecial feiTions for the trial of criminal caufes at coonl any other time at their difcretion, or at the dif- special fef* cretion of the fuprenre court. 10ns*

[ 5* 1

circuit courts ad- journed,.

Diftri& courts ad |ourned».

Supreme Sec. 6. And be it further enabled, That the.

wiicd ''by fupreme court may, by any one or more of its one or more juftices being prefent, be adjourned from day to day until a quorum be convened ; and that a circuit court may alfo be adjourned from day to day by any one of its judges, or if none are prefent, by the marfhal of the diflrict. until a quorum be convened ; and that a diflricr. court in cafe of the inability of the judge to attend at the commencement of a feffion, may by virtue of a written order from the faid judge directed to the marfhal of the diflrict., be adjourned by the faid marfhal to fuch day, antecedent to the next ftated feffion of the faid court, as in the faid order fhall be appointed,- and in cafe of the death of the faid judge, and his vacancy not ber ing fupplied, all procefs, pleadings and proceed- ings of what nature foever, pending before the faid court, fhall be continued of courfe until the next ftated feffion after the appointment and acceptance of the office by his fuccefTor.

Sec, 7. And be it enacled, That the fupreme, court, and the diflrict courts fhall have power, to appoint clerks for their refpedtive courts, and that the clerk for each diflrict court fhall be. clerk aho of the circuit court in fuch diflrict, and each of the faid clerks fhall, before he en-, ters upon the execution of his office, take the.

Their oath f°^owing oath or affirmation, to wit; " I, A. B.

f»r affirma- " being appointed clerk of do folemnly

" fwear or affirm, that I will truly and faithfully "■ enter and record all the orders, decrees, judg- " ments and proceedings of the faid court, and " that \ win faithfully and impartially difcharge ce and perform all the duties of my faid office, " according to the befl of my abilities and un-% " derftanding. So help me God." Which words, fo help me God, fhall be omitted in all

The courts have power to appoint clerks. "

t^on.

[ 53 1

cafes where an affirntation is admitted inftead of an oath. And the faid clerks fhall alfo feverally give bond with fufficient fureties, (to be approv- ed of by the fupreme and diftri&s courts ref- pedively) to the United States, in the fum of two thoufand dollars, faithfully to difcharge the duties of his office, and feafonably to record the decrees, judgments and determinations of the court of which he is clerk.

Sec. 8. And be it further enacled, That the juftices of the fupreme court, and the diftricl: judges, before they proceed to execute the du- ties of their refpecliive offices, fhall take the fol- lowing oath or affirmation, to wit ; " I, A. B. dwh of do folemnly fwear or affirm, that I will adminif- iuft!c^s of ter juftice without refpeQ: to perfons, and do court and equal right to the poor and to the rich, and that i"ds e* °f I will faithfully and impartially difcharge and court. perform all the duties incumbent on me as , according to the heft of my abilities and underftanding, agreeably to the conftitu- tion and laws of the United States, So help me God."

Sec. 9. And be it further enacjed. That the diftricl; courts fliall have, exclufively of the fount ex courts of the feveral ftates, cognisance of all ciufive ju-. crimes and offences that fhall be cognizable nfdll5han° under the authority of the United States, com- mitted within their refpective diftri&s, or upon the high feas ; where no other punifhment than whipping, not exceeding thirty ftripes, a fine not exceeding one hundred dollars, or a term of imprifonment not exceeding fix months, is cognizance to be inflicted ; and fliall alfo have exclufive >Vmarkime

. . t . rn"-i r r 1 • cauies & of

original cognizance or ail civil cauies or admi- feiZUre un- ralty and maritime iurifdiclion, including all dertheWs

o • , . J r • n • - oftheUni-

leizures under laws or impoit, navigation or ted states* trade of the United States, where the. feizures-

Concurrent

[ 54 ]

are made, on waters which are navigable from the fea by veflels of ten or more tons burthen, within their respective diftricts as well as upon the high feas ; laving to fuiters, in all cafes, the right of a common law remedy, v/here the com- mon law is competent to give it : And mall al- io have exclufive original cognizance of all fei- zures on land, or other waters than as aforefaid made, and of all fuits for penalties and forfei- tures incurred, under the laws of the United States. And mall aifo have cognizance, con- current with the courts of the feveral flates, or the circuit courts, as the cafe may be, of all caufes where an alien fues for a tcrt only in vio- lation of the law of nations or a treaty of the juriSiSion United States. And mail aifo have cognizance, concurrent as laft mentioned, of all fuits at com- mon law where the United States fue, and the matter in difpute amounts, exclufive of colts, to the fum or value of one hundred dollars. And mall aifo have jurisdiction exclufively of the courts of the feveral ftates, of all fuits againft confuls or vice-confuls, except for offences above the defcription aforefaid. And 'the trial Trial of faa °f iffues in fact, in the diftricts courts, in all by jury, caufes except civil caufes of admiralty and ma- ritime jurisdiction, mail be by jury. K , Sec. i o. And be it farther enacted^ That the

diftria y diftrict court in Kentucky diftrict mail, befides court. foe jurisdiction aforefaid, have jurisdiction of all other caufes, except of appeals and writs of error, herein alter made cognizable in a cir- cuit court, and mail proceed therein in the fame manner as a circuit court, and writs cf error and appeals mail lie from decifions therein to the fupreme court in the fame caufes, as from a circuit court to the fupreme court, and under the fame regulations. And the diftricl ccurt

C S5 ]

in Main diftria, fhall befides the jurifdiction herein before granted, have jurifdiction of all caufes, except of appeals and writs of error herein after rhade cognizable in a circuit court, and fhall proceed therein in the fame manner as a circuit court : And writs of error fhall lie from decifions therein to the circuit court in the diftricl: of MafTachufetts in the fame man- ner as from other diftricl: courts to their refpec- tive circuit courts.

Sec, n* And be it farther enafied, That the circuit courts mall have original ccgnizance, concurrent with the courts of the feveral ftates, of all fuits of a civil nature at common law or in equity, where the matter in difpute exceeds, exclufive of cofts, the mm or value of five hun- dred dollars, and the United States arc plain- tiffs, or petitioners ; or an alien is a party, or the fuit is between a citizen of the ftate where the fuit is brought, and a citizen of another ftate. And mall have exclufive cognizance of all crimes and offences cognizable under the authority of the United States, except where this act. otherwife provides, or the laws of the United States fhall otherwife direct., and con- current jurifdiction with the diftricl: courts of the crimes and offences cognizable therein. But no perfon fhall be arrefted in one diftricl; for trial in another, in any civil action before a circuit or diftricl: coUrt : And no civil fuit mall be brought before either of faid courts againft an inhabitant of the United States, by any original procefs in any other diftricl: than that whereof he is an inhabitant, or in which he fhall be found at the time of ferving the writ, nor fhall any diftricl; or circuit court have cognizance of any fuit to recover the contents of any promifTory note or other chofe in adion

Main dif- tricl: courts

Circuit courts ori-* ginal cog* riizance-

Exc'ufivc cognizance*

Circuit

C 5<5 ]

in favour of an affignee, unlefs a fuit might have been profecuted in fuch court to recover the faid contents if no affignment had been made, except in cafes of foreign bills of ex- change. And the circuit courts fhall alfo have pdiate ju- appellate jurifdi&ion from the diflricl courts nfdi&ioa. uncjer tne regulations and reftrictions herein

after provided. Matter in Sec. 12. And be it further enabled, That if bove te j-co a ^u^ ^e commenced in any ftate court againft dollars, an alien, or by a citizen of the ftate in which the fuit is brought againft a citizen of another ftate, and the matter in difpute exceeds the aforefaid fum or value of five hundred dollars, exclufive of coils, to be made to the fatisfac- tion of the court ; and the defendant fhall, at the time of entering his appearance in fuch ftate court, file a petition for the removal of the caufe for trial into the next circuit court* to be held in the diftricl where the fuit is pend- ing, or if in the diftrict of Main, to the diftricl: court next to be holden therein, or if in Ken- tucky diftricl, to the diftricl; court next to be holden therein, and offer good and fufficient furety for his entering in fuch court* on the firft day of its feffion, copies of faid procefs againft him, and alfo for his there appearing and entering fpecial bail in the caufe, if fpecial speeiaibaii. j^j was originally requifite therein, it ihall then be the duty of the ftate court to accept the furety, and proceed no further in the caufe, and any bail that may have been originally taken mail be difcharged, and the faid copies being entered as aforefaid, in fuch court of the United States, the caufe fhall there proceed in the fame manner as if it had been brought there by original procefs. And any attach* ment of the goods or eftate of the defendant.

t 57 'i

by the original procefs, fhall hold the goods Attach-. 'or eifcate fo attached, to anfwer the final judg- goods hoicU "merit in the fame manner as by the laws of ?n t0 fmai fuch (late they would have been holden to an- J" smcn ' fwer final judgment, had it been rendered by the court in which the fuit commenced. And if ,r-,i n j in any action commenced m a itate court, the where va- title of land be concerned, and the parties are fcfEll citizens of the fame (late, and the matter in difpute exceeds the futtx or value of five hun- dred dollars, exclufive of coils, the fum or va- lue being made to Appear to the fatisfaclion of t'fra court, either party, before the trial, fhall flate to the court and make affidavit if they re- j quire iff* that he claims and fhall rely upon a < right or title to the land, under a grant from a ilate, other than that in which the fuit is pend- ing, and produce the original grant or an ex- emplification of it, except where the lofs of public records mall put it out of his power, and mail move that the advene party inform the court, whether he claims a rMit or title to the land under a grant from the ftate in which the fuit is pending ; the ' faid adverfe fhall give fuch information, or otherwife not to be allowed to plead fuch grant, or give it in evidence up- on the trial, and if he informs that he does claim under fuch grant, the party claiming Under the grant firft mentioned, may then, on motion, remove the caufe for trial to the next circuit court to be holden in fuch diftricl, or if in the diftria of Main, to the court next to be Ifjj\faJne

. i , . 3 and lven-

holGcn therein ; or if in Kentucky diltricl, to tacky, the diftricfc court next to be' holden therein; ^Z"Z but if he is the -defendant, fhall clo it under the movabk, fame regulations as in the beforenientioned cafe of -the removal of a caufe into fuch court by an alien : And neither patty removing the Vol. L II

r 58 3

caufe, mall be allowed to plead cr give evidence fJtbVjary. of any other title than that by him Hated as aforefaid, as the ground of his claim. And the trial of iffues in fact in the circuit courts mail, in all fuits, except thofe of equity, and of ad- miralty, and maritime jurifdiction, be by jury. supreme Sec. I j. And be it further enafled, That dufiv/jii- tne fupreme court mall haveexclufi've jurifdic- iifdiaio.j. tion of all controverfies of a civil nature, where a flate is a party, except between a ilate and its citizens ; and except alio between a ftate and citizens of other ftates, or aliens, in which latter cafe it (hail nave original but not exclu- proceecu flve jurifdiction. And fliall have excluftvely all public mi- fuch jurifdiction" of fuits or proceedings againft aiders. ambaffadors or other public minifters, or their domeftics, or domeftic fervants, as a court of law can have or exercife confidently with the law of nations ; and original, but notexclufive jurifdiction of all fuits brought by ambaffadors or other public minifters, or in which a conful, or vice-conful, mall be a party. And the trial of iffues in fact in the fupreme court, in all actions at law againft citizens of the United Supreme States, fhall be by jury. The fupreme court fliall peiia'te ju- alfo have appellate jurifdiction from the circuit rifdsfaon. courj-s an(j COurts of the feveral ftates, in the cafes herein after fpecially provided for : And mail have power to iffue writs of prohibition to the diftrict courts, when proceeding as courts of admiralty and maritime jurifdiction, and writs of mandamus •, in cafes warranted by the principle and ufages of law, to any courts ap- pointed, or perfons holding office, under the authority of the United States.

Sec. 14. And be it further cnacled^ That all the beforementioned courts of the United States, mail hav$ power to iffne writs of fcire facias.,.

C 59 ]

habeas corpus1, arid all other* writs no^petially

provided for by ftatute, which may be neceffa- theU.st'ates ry for the exercife of their refpe&ive jurifdic- j.".^ J.vn.ts lions, and agreeable to the principles and ufages bv. of law. And that either of the juflices of the fupreme court, as well as judges of the diftrict. jufticesand courts, mail have power to grant writs oihabc- jw/^8*^

c t r r • i power.

as corpus tor the purpoie or an enquiry into the caufe of commitment. Provided, That writs of habeas corpus, mail in no cafe extend to prifon- crs in gaol, unlefs where they are in cuftody, under or by colour of the authority of the Uni- ted States, or are committed for trial before fome court of the fame, or are necefiary to be brought into court to teftify.

Sec. 15. And be it further enaffed, That all Parties fhaii the laid courts of die United States, mall have frofuce .

" . . books and.

power m the trial of actions at law, on motion writings, and due notice thereof being given, to require the parties to produce books or writings in their poffeffion or power, which contain evidence pertinent to the iiTue, in cafes and under cir- cumllances where they might be compelled to produce the fame by the ordinary rules of pro- ceeding in chancery ; and if a plaintiff mall fail to comply with fuch order, to produce books or writings, it fliall be lawful for the courts refpecliveiy, on motion, to give the like judgment for the defendant as in cafes of non- fuit ; and if a defendant mall fail to comply with fuch order, to produce books or writings, it fliall be lawful for the courts refpe&ively on motion as aforefaid, to give judgment againfl him or her by default.

Sec. 1 6. And be it further enacled, That fuits in equity mail not be fuiLained in either qu^ '£„£ of the courts of the United States, in any cafe ted.

£ 6° 3

wher*e plain, adequate and complete remedy may be had at law.

Sec. 17. And be h * further enafrsd, That al! Jfimwta of the faid courts of the United States fhall have

the u. States . , r . ,

may grant power to grant new trials, m cales where there new trials, flas fccen a trial by jury for reafons for which new trials have ufually been granted in the courts of law ; and mall have power to im- pofe -and adminifter all neceffary oaths or af- firmations, and to punifh by fine or imprifon- jnent, at the difcretion of faid courts, all con- tempts of authority in any caufe or hearing before the fame ; and to make and eflablifh all neceffary rules for the orderly conducting bu- fmefs in the faid courts, provided fuch rules are not repugnant to the laws of the Unitecf y States.

Sec. 1 8. And be it further enacled, That Attention when in a circuit court, judgment upon a ver- c4u«i&. diet m a civil action "tliail be entered, execu- tion may on motion of either party, at the difcretion of the court, and on fuch condi- tions for the iecurity of the adverfe party as they may judge proper, be flayed forty-two days from the time of entering judgment, to give time to file in the clerk's office of faid court, a petition for a new trial. And if fuch peti- tion be there filed within faid term of forty- two days, with a certificate thereon from either of the judges of fuch court, that he allows the fame to be filed, which certificate he may make or refufe at his difcretion, execution mall of courfe be further flayed to the next fefficn of* faid court. And if a new trial be granted, the former judgment mall -be thereby rendered void.

Seel. 19. And he it further enacted, That it ftiaU-be the duty of circuit courts, in caufes ip,

[ 6i ]

equity and of admiralty and maritime jurifdic- ^frs ^aJ*. tion/to cauie the facts on which they found cord. '•'• their fentence or decree, fully to appear up- on the record either 'from the pleadings and decree itfelf, or a date of the cafe agreed by the parties, or their council, or if they difa- gree, by a flating of the cafe by the court.

Sec. 20. And be it further enacled, That ■. •

. . . . . ■y,..rr. o» ' CaV-s v'ot

where in a circuit court, a piamtirr in an action, aa0wed un. originally brought there, or a petitioner in iefs recover, equity, other than the United States, recovers lefs than the fum or value of five hundred dollars, or a libellant, upon his own appeal, lefs than the fum or value of three hundred dollars, he mail not be allowed, but at the dif- creticn of the court, may be adjudged to pay colts.

Sec. 2 1 . And be it further enacled. That Appeals from final decrees in a diftrici court in caufes ^/^"difl of admiralty and maritime jurifdiclion, where pute ex- the matter in difpute exceeds the fum or value dollars.3 of three hundred dollars, exclufive of 'cofts, an appeal mall be allowed to the next circuit court, to be held in fuch diitrict. Provided ne- I'erthelejs, That all fuch appeals from final de- crees as aforefaid, from the diflridt court of Main, ihail be made to the circuit court, next to be holden after each appeal in the diftricl: of Malfachufetts.

Sec. 11. And be it further enacted, That fi- Final de- nal decrees and judgments in civil actions in a £"£«?""" diflricl court, where the matter in difpute ex- bove 50 ceeds the fum or value of fifty dollars, exclu- dollars-

I five of cofts, may be re-examined, and reverfed or affirmed in a circuit court, holden in the fame diftrici, upon a writ t of error, whereto

ifhall be" annexed and returned, therewith at

t ^ ]

the day and place therein mentioned, an au- thenticated tranfcript of the record, and af- fignment of errors, and prayer for reverfal, with a citation to the adverfe party, figned by the judge of fuch diftrid: court, or a juftice of the fupreme court, the adverfe party having and funs in st leaft twenty days notice. And upon a like equity ex- procefs, mav final judgments and decrees in

ceed the Va,J • ■ ■ » •

hie of 2000 civil actions, and fmts in equity in a circuit dollars. court, brought there by original procefs, or removed there from courts of the feverai dates, or removed there by appeal from a diftricl court where the matter in difpute exceeds the fum or value of two thoufand dollars, exclu- sive of cofts, be re-examined and reverfed or affirmed in the fupreme court, the citation be- ing in fuch cafe figned by a judge, of fuch cir- cuit court, or juftice of the fupreme court, and the adverfe party having at leaf! thirty days notice. But there fhall be no reverfal in ei- ther court on fuch writ of error for error in ruling any plea in abatement, other than a plea to the jurifdiction of the court, or fuch plea to a petition or bill in equity, as is in the nature Writs of c'f a demurrer, or for any error in fact. And error limi- writs of error mall not be brought but within five years after rendering or paffing the judg- ment or decree complained of, or in cafe the perfon entitled to fuch writ of error be an in- fant, fenje. covert non compos ?nentisi orimprifon- ed, then within five years as aforefaid, exclu-

;••. Irr five of the time of fuch disability. And every Plaintiff to . r . . . r . J Jr

give fecuri- paltice or judge lignmg a citation on any writ

VI- of error as, aforefaid, mall take good and futti-

cient fecurity, that the plaintiff in error mall profecute his writ to effect., and aiifwer all da- mages and coils if he fail to make his plea good.

L 63 J

Sec. 23. And be it further e?iacled, That ft Writs of n* writ of error as aforefaid fhall be a fuperfedeas rorrof,a fu"

• • r 1 i i_ • ptrfedeas

and ftay execution in caies only where the writ in leafc. of error is jferved, by a copy thereof being lodg- ed for the adverfe party iii the clerk's office where the record remains, within ten days, Sun- days exclufive, after rendering the judgment or palling the decree complained of. Until the ex- piration of which term of ten days, executions fhall not iiiue in any cafe where a writ of er- ror may be a fuperfedeas; and whereupon fuch writ of error the fupreme or a circuit court (hall affirm a judgment or decree, they mail adjudge or decree to the refpondent in error jull damages for his delay, and fingle or dou- ble colts at their difcretion.

Sec. 24. And be it further enaded, That Judgmtm* when a judgment or decree fhall be reverfed rcverfedf in a circuit court, fuch court mall proceed to render fuch judgment or pafs fuch decree as the diftricT: court mould have rendered or pafT- ed ; and the fupreme court fhall do the fame on reverfals therein, except where the rever- fal is in favour of the plaintiff, or petitioner in the original fuit, and the damages to be afTefTed3 or matter to be decreed, are uncertain, in which - cafe they fhall remand ^he caufe for a final de- cifion. And the fupreme court mall not iffue _

r , " -' Supreme

execution m cauies that are removed berore court not them by writs of error, but fhall fend a fpecial ,fuee*eca* manidate to the circuit court to award execu- tion thereupon.

Sec. 25. And be it further enacted) That a ft- where va» nal judgment or decree in any fuit, in the high- lldlt>r °f a efl court of law or equity of a ftate in which quePJoned, a decifion in the fuit could be had, where is faufe mAf

n . . . oe re-exi-

drawn in queftion the validity of a treaty or mined, ftatute of2 or an authority exercifed under the

C 64 ]

United States., and the decifion is againfl their validity ; or where is drawn in queftion the validity of a ftatute of, or an authority rx- ercifed under any ftate, on the ground of their being repugnc"tto the conltitittion,* trea- ties or laws of the United States, and the deci- fion is in favour of fuch their validity,.or where is drawn in queftion the conftructron of any claufe of the Ccnfutution, or of a treaty, or ftatute of, or cOmmiffion held under the United States, and the decifion is againft the title, right, privilege or exemption fpecially fet up or claim- ed by either party, under fuch claufe of the faid conftitution, treaty, ftatute. or comniiflion, may be re-examined and reverfed or affirmed in the fupreme court of the United States upon a writ of error, the citation being figned by the chief juftice, or judge or chancellor of the court ren- dering or palling the judgment or decree com- plained of, or by a juftice of the fupreme court of the United States, in the fame manner and under the fame regulations, and the writ mall have the fame effecl, as if the judgment or de- cree complained of had been rendered or pall- ed in a circuit court, and the proceeding upon Proceedings tne reverfal lhall alfo be the fame, except that on reverfal,- the fupreme court, inftead of remanding the caufe for a final decifion as before provided, may at their difcretion, if the caufe fhaii have been once remanded before, proceed to a final decifion of the fame, and award execution.

No writs of gut no 0ther error mail be afhVned or regard- error bat as r . ° , °r

rAbovemeii- ed as a ground 01 reveriai m any iucn caie as

tioned, ■ aforefaid, tnan fuc^ as appears on the face of

the record, and immediately refpects the be-

forementioned queflions of validity cr conftruc-

tion of .the faid conftkution, treaties, ftatutes,

eommiiiions, or authorities in diipute.

C 65 ]

Sec. 26. And be it further enafied, That in In Mki of all caufes brought before either of the courts forfeiture of the United States t© recover the forfeiture rhe coV"s annexed to any articles of agreement, covenant^ judgment bond or other fpeciality, where the forfeiture, m ^mtt' breach or non-performance (hall appear, by the default or confeffion of the defendant, or upon demurrer, the court before whom the action is, mail render judgment therein for the plaintiff to recover fo much as is due accord- ing to equity. And when the fum for which s"™ */rrf* judgment fhould be rendered is uncertain, the , J fame mall, if either of the parties requefl it, be afleiTedby a jury.

Sec. 27. And be it further enaffed, That a Marfliai marihal Ihall be appointed in and for each dif- -lPP0«lte<Jj -tricT: for the term of four years, but Ihall be re- moveable from office at pleafure, whofe duty it fnall be to attend the diftricl: and circuit courts when fitting therein, and alio the fu- preme court in the diflricl: in which that court ihall fit. And to execute throughout the dif- tricl:, all lawful precepts directed to him, and ilfued under the authority of the United States, and he mall have power to command all ne- cefTary amflance in the execution of his duty, and to appoint as there ihall be occafion, one dr more deputies, who fnall be removeable from office by the judge of the diflridt court, or the circuit court fitting within the diflricl:, at the pleafure of «ither, and before he enters on the duties of his office, he mail become bound for the faithful performance of the fame, by himfelf and by his deputies before the judge of the diflricl: court to the United States, jointly and feveraily with two good and fufficient fureties, inhabitants and freeholders of fucli diftricl, to be approved by the diflricl: judges

Vol. L J

C <5& ]

in the fum of fwenty thoufand dollars, and flalf take before faid judge, as fhall alfo his depu- ties, before they enter on the duties of their

'His oath, appointment, the following oath of office : " I, A. B. do folemnly fwear or affirm, that I will faithfully execute all lawful precepts directed to the marfhal of the diftric~r. of under

the authority of the United States, and true returns make, and in all things well and truly, and without malice or partiality, perform the duties of the office of marfhal (or marfhal' s de- puty, as the cafe may be) of the diflricl: of during my continuance in faid office,. and take only my lawful fees. So help me. God."

Marfhal a Sec. 28. And be it further enacled, That m-

"^"y^ all cauies wherein the marfhal or his deputy mall be a party, the writs and precepts therein fhall be directed to fuch difmterefled perfon as the court, or any juftice or judge thereof may appoint, and the perfon fo appointed, is hereby authorifed to execute and return the fame. And in cafe of the death of any marfhal, his de- puty or deputies mall continue in office, unlefs otherwife fpecially removed ; and fhall execute the fame in the name of the deceafed, until another marfhal fhall be appointed and fworn :

Defaults of ^nc[ j-j^ defaults or misfeafances in office of fuch

deputies.

deputy or deputies in the mean time, as well as before, fhall be adjudged a breach of the condition of the bond given, as before direct- ed, by the marfhal who appointed them ; and Ex-cut or or tae executor or adminiftrator of the deceafed sdminiftra- marfhal fhall have like remedy for the defaults Sfedmar- anc^ misfeafances in office of fuch deputy or de- nials, puties during fuch interval, as they would be entitled to if the marfhal had .continued in life and in the exercife of his faid office, until his;

r 67 3

iuccefior was appointed, and fworn or affirmeds And every marfhal or his deputy when remov- ed from office, or when the term for which the -marmal is appointed mail expire, fhall have .power notwithft.ar*dmg to execute all fuch precepts as may be in their hands refpectively at the time of fuch removal or expiration of oilice ; and the marfhai fhall be held anfwera- Marfcal's ble for the delivery to his fucceflbr of all pri- Power fter

, . , l . i • n 1 i • removal.

loners which may be m his cuitody at the time of his removal, or when the term for which he is appointed fhall expire, and for that purpofe may retain fuch prifoners in his cuftody until .his fucceflbr fhall be appointed and qualified •as the lav/ directs.

Sec. 29. And be it further enafled, That in Cafes pu- eafes punifhable with death, the trial mail be ^hh dntfr ■had in the county where the offence was com- tobehadin •niitted, or where that cannot be done without county- great inconvenience, twelve petit jurors at leaft fhall be fummoned from thence. And jurors in all cafes to ferve in the courts of the United States fhall be defignated by lot or otherwife in each flate refpectively according to the mode of forming juries therein now practiced, fo far as the laws of the fame fhall render fuch de- fignation practicable by the courts or marfhals ol the United States.; and the jurors fhall have jurors b the fame qualifications as are requifite for ju- lot- rors by the laws of the flate of which they are citizens, to ferve in the highefl courts of law of fuch ftate, and fhall be returned as there fhall be occafion for them, from fuch parts of the diftrict from time to time as the court fhall .direct, fo as mail be mofl favourable to an ircu .partial trial, and fo as not to incur an unnecef? ■iary expence, or unduly to burthen the citizens i&£ any part of the diftrict with fuch fervices.,

C 68 1

Writ* ve- _An(j writs of venire facias when dire&ed by fromcicrk's the court fhall ifiue frcm the clerk's office, and officc- fhall be ferved and returned by the marfhal in his proper perfcn or by his deputy, or in cafe the marfhal or his deputy is not an indifferent perfon, or is interefted in the event of the caufe, by fuch fit perfcn as the court fhall fpecially appoint for that purpoie, to whom they fhall adminifter an oath or affirmation that he will truly and impartially ferve and return fuch writ. And when frcm challenges or otherwife there fhall not be a jury to determine any civil or criminal caufe, the marfhal or his deputy fhall, by order of the court where fuch defect of jurors mall happen, return jurymen de tali- bus circumjlantibus fufficient to complete the pannel ; and when the marfhal or his deputy are difqualified as aforefaid, jurors may be re- turned by fuch difinteref ted perfon as the court fhall appoint,

Sec. 30. And 'be it further enaded, That the mode of proof by oral teftimony and examina- tion of witneffes in open court fhall be the fame in all the courts of the United States, as well in the trial of caufes in equity and of admiral- ty and maritime jurif diction, as of actions at common law. And when the teftimony of any perfcn fhall be neceffary in any civil caufe de- pending in any diftricl: in any cotlrt of the United States, who fhall live at a greater dif- tance frcm the place of trial than one hundred m.'les. or h bound on a voyage to fea, or is about to gc out of the United States, or out of fuch difincl, and to a greater diftance from the place of trial than as aforefaid, before the time of triaf, or is ancient or very infirm, the depofiticn of fuch perfon may be taken de bene ejfe before any juflice or judge of any of the courts cf the?

Juries de r.nihus,

|5&

Mode of proof,

Depolit'f n dcbciieciii.

[ 69 1

United States, or before any chancellor, juf- tice or judge of a fupreme or fuperior court, mayor or chief magiflrate of a city, or judge ©f a county court or court of common pleas of any of the United States, not being of coun- fel or attorney to either of the parties, or in- terefled in the event of the caufe, provided Adverfe that a notification from the magiflrate before Pa"y liwri> rrhom the depofition is to be taken to the ad- rerfe party, to be prefent at the taking of the fame, and to put interrogatories, if he think fit, be firft made out and ferved on the adverfe party or his attorney as either may -be neareff, if either is within one hundred miles of the place of fuch caption, allowing time for their at- tendance after notified, notlefs than at the rate of one day, Sundays exclufive, for every twenty miles travel. And in caufes of admiralty and maritime jurifdiclion, or other cafes offeizure ancTmaiZ' when a libel fliall be filed, in which an adverfe time cauf^ party is not named, and depofitions of perfons circumflanced as aforefaid mall be taken before a claim be put in, the like notification as afore- faid mail be given to the perfon having the agency or poiTeflion of the property libelled at the time of the capture or feizure of the fame, if known to the libellant. And every perfoa depofing as aforefaid mall be carefully examin- ed and cautioned, and fworn or affirmed to Agent nod-. teftify the whole truth, and mail fubfcribe the teflimony by him or her given after the fame - mall be reduced to writing, which mail be done only by the magiflrate taking the depofition, or by the deponent in his prefence. And the De ^ depofitions fo taken fliall be retained by fuch retained. magiflrate until he deliver the fame with his own hand into the court for which they jvq .$akena. or fhall, together with a certificate of

r 70 3

the reafons as aforefaid of their being taken, and of the notice if any given to the adverfe party, be by him the faid magiflrate fealed up and directed to fuch court, and remain under his feal until opened in court. And any per- ibn may be compelled to appear and depofe as aforefaid in the fame manner as to appear and teliily in court. And in the trial of any Vowx?.1 Cl' -caiife of admiralty or maritime jurifdiclion in n diflric~t court, the decree in which may be appealed from, if either party mail fugged to ■and fatisfy the court that probably it will not .be in his power to produce the v/itneifes there tefiify-inp- before the circuit court mould an

JO . -- .

appeal be had, and (hall move that their tefti- •mony be taken down in writing, it fhall be fo clone by the clerk of the court. And if an ap- peal be had, fiicli tefliniony may be ufed on the trial of the fame, if it fhall appear to the fa* 'tisfaction of the court which mall try the ap- peal, that the witneiles are then dead or gone out of the United States, or to a greater dif, -tance than as aforefaid from the place where the court is fitting, or that by reafon of age, licknefs, bodily infirmity or imprifonment, ' they are unable to travel and appear at court, ,D«po(itions:but not otherwife. And unlefs the fame fhali ^"fi'kTff^ made to appear on the trial of any caufe, death, &c,' with refpecl to witneffes whofe depofitions may have been taken therein, fuch depofitions fhall not be admitted or ufed in the caufe. Pr'ovU dedj That nothing herein mail be conftrued to pre-, cut any court of the United States from Bccifmus granting a dedimus potejiatem to take depofitions pateftatua according to common ulage, when it may be necefiary to prevent a failure or delay of jus- tice ; which power they fhall feveraily poflefs, nor to "extend to depofitions taken mterpciuam

Executor re iminiftra-.

prosecute

ddefeaA

r /'. j

nm mtmoriam, which if they relate to matters that may be cognizable in any court of the United States, a circuit court on application thereto made, as a court of equity may, accord- ing to the ufages in chancery direct to betaken. Sec. 3 1 . And be It enafled, That where any fui-t (hall be depending in any court of the Uni- ted States, and either of' the parties mail die before final judgment,, the executor or admi- niflrator of fuch deceafed party who was plain- tiff, petitioner, or defendant, in cafe the caufe tor ma of action doth bv law furvive, fhail have full power to profecute or defend any fuch iuit or action until final judgment ; and the defendant or defendants are hereby obliged to anfwer thereto accordingly ; and the court before whom fuch caufe may be depending, is hereby empowered and directed to hear and determine the fame, and to render judgment for or againft the executor or administrator, as the cafe may require. And if fuch executor or administrator having been duly ferved with a j "are facias from the office of the clerk of the court where fuch fuit is depending, twenty days beforehand, fhall neglect or refufe to become a party to the fuit, the court may render judgment againft the eftate of the deceafed party, in the fame manner as if the executor or administrator had voluntarily made himfelf a party to the fuit : And the executor or administrator who fhall Execasw* become a party as aforefaid, fhall, upon motion. ^rm^yr*" to the court where the fuit is depending, be have con- entitled to a continuance of the fame until the tmuanCl-"- next term of the faid court. And if there be ~, , .

, , 1 wo plain.-*

two or more plaintiffs or defendants, and one tiffs, or more of them fhall die, if the caufe of ac- tion fhall furvive to the furviving plaintiff or plaintiffs, or againft the furviving defendant or

C 72 1

Smrvi'visw defendants, the writ or action fiiall not be there*

piaintiir by abated 5 but fuch death being fuggefted up-

nu«fuit? on the record, the action fiiall proceed at the

fuit of the furviving plaintiff or plaintiffs againft

the furviving defendant or defendants.

Sec. 32. And be it further enacled, That no fummons, writ, declaration, return, prccefs, Writs iliail judgment, or other proceedings in civil caufes jbr deieia in any of the courts of the United States, mail offoriM. ke aDat;ed, arrefled, quafhed or reverfed, for &ny«defect or want of form, but the faid courts refpectively fhall proceed and give judgment according as the right of the caufe and matter in law fhall appear unto them, without regard- ing any imperfections, defects, or want of form in fuch writ, declaration or other pleading, re* turn, procefs, judgment or courfe of proceed- ing whatsoever, except thofe only in cafes of demurrer, which the party demurring fhall fpecially fit down and exprefs together with his demurrer as the caufe thereof. And the faid courts refpectively fhall and may, by virtue Court* itfay of this act, from time to time, amend all and Wcaions" evei7 lPucn imperfections, defects and wants of form, other than thofe only which the party demurring fhall exprefs as aforefaid, and may at any time permit either of the parties to amend any defect in the procefs or pleadings, upon fuch conditions as the faid conrts refpectively fhall in their difcretion, and by their rules pre- scribe.

Sec. 33. And be it further enacted, That for Crimkais &ny crime or offence againft the United States, agaioti the tne offender may, by any juftice or judge of s rates ar- the United States, or by any juftice of the refed by peace, or other magiflrate of any of the Uni- oFtbe U ted States where he may be found agreeably to peace, the. ufual mode of procefs againft offenders m

fuch ftate, and at the expence cf the United States, be arretted, and fmprifoned or bailed, as the cafe may be, for trial before fuch court of the United States as by this ad has cogni- zance of the offence : And copies of the pro- Recogm- cefs mail be returned as fpeedily as may be in- ^e/S to the clerk's office of fuch court, together with the clerk'* the recognizances of the witneffes for their ap- ° ce" pearance to teftify in the cafe ; which recog- nizances the magistrate before whom the ex- amination fhall be, may require on pain of imprifonment. And if fuch commitment of , the offender, or the witneffes mall be in a dif- may "be re- tried other than that in which the offence is to movcd bx be tried, it fhall be the duty of the judge of that diftricl: where the delinquent is imprifon- cd, feafonably to iffue, and of the marfhal of the fame diftricl: to execute, a warrant for the removal of the offender, and the witneffes or either of them, as the cafe may be, to the dif- tricl in which the trial is to be had. And upon Bail admit- all arrefts in criminal cafes, bail fhall be admit- ted- ted, except where the punifhment may be death, in which cafes it fhall not be admitted but by the fupreme or a circuit court, or by a juftice of the fupreme court, or a judge of a diftricTt court, who fhall exercife their difcretion there- in, regarding the nature and circumftances of the offence, and of the evidence, and the ufages of law. And if a perfon committed by a juf- tice of the fupreme or a judge of a diftricl B^> h?w court for an offence not punifhable with death, cafe. fhall afterwards procure bail, and there be no judge of the United States, in the diftricl: to take the fame, it may be taken by any judge of the fupreme, or fuperior court of law of fuch ftate.

Vol. I. K

[ 74 ]

$.aws of

#atcsj rules .of decifion.

^Parties ma- page their iO\vj? vcauie.

Attorney /or each

Atterney- general.

Sec. 34. And be it further enaffed, That the laws of the feveral flates, except where the conftitution, treaties or ftatutes of the Uni- ted States mall otherwife require or provide, mall be regarded as rules of decifion in trials at common law in the courts of the United States in cafes where they apply.

Sec, 2>5' And be it further enacled, That in all the courts of the United States, the pari- ties may plead and manage their own caufes peifonaily or by the affiflanoe of fuch counfel or attornies at law as by the rules of the faid courts reflectively mail be permitted to manage and conduct caufes therein. And there mail be appointed in each diftrict a meet perfon learned in the law to act as attorney for the United States in fuch diftrict, who mall be fworn or affirmed to the faithful execution of his office, whofe duty it mail be to profecute jn fuch diftrict all delinquents for crimes and .offences, cognizable under the authority of the United States, and all civil actions in which the United States fhall be concerned, except before the fupreme court in the diftrict in which that court fhall be holden. And he mall receive .as,, a compenfation for his fervices fuch fees as fhall be taxed therefor in the refpective courts .before which the fuits or profecutions fhall be, And there mall alfo be appointed a meet perfon learned in the law, to act as attorney -general for the United States, who fhall be fworn or affirmed, to a faithful execution of his office ; whofe duty it fhall be to profecute and conduct all fuits in the fupreme court in which the Uni- ted States fhall be concerned, and to give his •adyke and opinion upon queftions of law when required by the Prefident of the United States, gi when requested by the heads of any of the.

[ 75 3

departments, touching any matters that may concern -their departments, aiid mall receive fuch cpmpenfation for his iervices as lhall by law be provided.

FREDERICK AUGUSTUS MUHLENBERG,

Speaker of the Houfe of Reprefentatives.

JOHN ADAMS, Vice-Prefident of the United States, and Prefident of the Senate.

Approved, September the 24th, 1789 :

GEORGE WASHINGTON*

Prefident of the United States*

CHA? TEl XXL

In Acl to regulate Proceffes in the Courts of the United States.

(expired.)

CHAPTER XXII,

An Atl to explain and amend an Acl, intituled^ 66 An Ac! for regiftering and clearing veffels9 Regulating the coqfiing Ttade, and for otkef Purpofes"

(expired.)

C 7* ]

CHAPTER XXIII.

An Ac! making Appropriations for the Service of the prefent tear.

Section i.TOE it enacled by the Senate and JL3 Houfe of Reprefentatives of the specific ap- United States of America in Congrefs affembledy tf°moncy nS That there be appropriated for the fervice of forexpences the prefent year, to be paid out of the monies sndwu * which arife, either from the requifitions here- fcpart- tofore made upon the feveral ftates, or from the duties on impoft and tonnage, the follow- ing funis, viz. A fum not exceeding two hun- dred and fixteen thoufand dollars for defraying the expences of the civil lift, under the late and prefent government ; a fum not exceeding one hundred and thirty-feven thoufand dollars for defraying the expences of the department of war ; a fum not exceeding one hundred and ninety thoufand dollars for difcharging the charge war- warrants ifTued by the late board of treafury, rants of late anc[ remaining unfatisfied ; and a fum not ex- trTafury/cs' ceeding ninety-fix thoufand dollars for paying forpeniicns the penfions to invalids.

to invalids. x *

FREDERICK AUGUSTUS MUHLENBERG,

Speaker of the Houfe of Reprefentatives.

JOHN ADAMS, Vice-Prefident of the United States , and Prejident of the Senate*

AppPvGVed, September the 29th, 1789 :

GEORGE WASHINGTON,:

Prefident.ofthe United States.

r 17 i

CHAPTER XXIV-

An Acl providing for the Payment of the Invalid

Penfioners of the United States*

(expired. J

CHAPTER XXV.

An Acl to recognize and adapt to the Conflitutkn of the United States the Ejlablijhment of the Troops raifed under the Refohes of the Uni- ted States in Congrefs affembled*. and for other Purpofes therein mentioned* (expired. J

CHAPTER XXVI.

An Acl to allow the Baron de Glauheck the Pay of a Captain in the Army of the United States*

(PRIFATE.)

CHAPTER XXVII.

An AH to alter the Time for the next Meeting of Congrefs.

(ex<pire$.J

r- »

ACTS

PASSED AT THE

SECOND SESSION

OF THE

FIRST CONGRESS

O F T H E

United States of America,

BEGUN AND HELD AT THE CITY OF NEW-YORK, On Monday the Fourth of January,

IN THE YEAR M,DCC,XC :

AND OF THE

Independence of the United States THE FOURTEENTH.

ij^mmuumtmm ■ , n \ nLw.um.Miw ' ■■■ ■■■■■■■■■■■ i l1r-,*^il>l^«ur?B?

ACTS

6 F

CONG R E S &

mnili rl. M.BHTWH— w

CHAPTER I.

^Fw Acj for giving Effecl to the feveral Acls therein mentioned, in RefpeB to the State of North-Carolina, and other Purpofes% {repealed. J

magaeeasssmaSii

CHAPTER II.

Ah Acl providing for the Enumeration of the Irt<* habitants of the United States*

Section i; TJE // enacied by the Senate and JL$ Houfe of Reprefentatives of the United States cf America in Congrefs affembled, That the marfhals of the feveral diftri&s of Marfliais ft the United States^ fhall be, and they are here- dia^<aJc of by authorised and required to caufe the nun> theu. states ber of the inhabitants within their refpe&ive Sumera- * diflricls to be taken; omitting in filch enu- tion,andia meration Indians not taxed, and diftinguifhing free perfons, including thofe bound to fervice for a term of years, from all others; diftinguifh- ing alfo the fexes and colours of free perfonsj, Vol* h L

t 52 J

ftnd the free males of fixteen years and npj. wards from thofe tinder that age ; for effect way ap- ing which purpofe the marfhals fhall have pow- tulto! ^^ er to appoint as many affiftants within their refpective diitricts as to them fliali appear ne- celTary ; afligning to each afliftant a certain divifion of his diftrict, which divifion fhali con- fifl of one or more counties, cities, towns, townfhips, hundreds or parimes, or of a ter- ritory plainly and diftinctly bounded by wa- ter courfes, mountains, or public roads. The marfhals and their affiftants mall respectively : ■ f „ take an oath or affirmation, before iome iudee

ffliarfhals & . n . r . p . J q

affiftants to or juihee of the peace, refident within their *athan refpe&ive diftricts, previous to their entering on the difcharge of the duties by this act re- quired. The oath or affirmation of the mar.i! al mall be," I, A. B. marfhal of the diftrict of do folemnly fwear (or affirm) Formofthfc that. I will well and truly caufe to be made, a oath. a jufl and perfect enumeration and defcription.

of all perfons refident within my diftricl:, and return the fame to the Prefident of the United States^ agreeably to the directions of an act of Congrefs, intituled, " An act providing for the enumeration of the inhabitants of the * United States," according to the belt of my ability." The oath or affirmation of an afiif- tant mall be, " I, A. B. do folemnly fwear (or affirm) that I will make a jufl and perfect enu- meration and description of all perfons refident within the divifion affigned to me by the mar- ihal of the diftrict of . and make

due return thereof to the faid marfhal, agree- ably to the directions of an act of Congrefs, intituled, " An Act providing for the enume- ration of the inhabitants of the United States," according to the belt of my ability." The

t 83 ]

enumeration mall commence on the firfl Mon- T1V^]J!£ day in Auguft next, and mail clofe within to com- ; nine calendar months thereafter : The feveral m^ece an4 affiftants mail, within the faid nine months, tranfmit to the marfhals,. by whom they mall be refpe&ively appointed, accurate returns of all perfons, except Indians not taxed, within their refpeclive diviflons, which returns mall R<rturns t0 be made in a fchedule, diftinguifhing the fe- be by fche- veral families by the names of their mailer, ai?* miftrefs'j fteward, overfeer, or other principal perfon therein, in manner following, that is to fay :

The number of perfons within my divifion, confiding of appears in a fchedule

hereunto annexed, fubfcribed by me this day of 179

A. B. amfiant to the marfhal of Schedule of the whole Number of Perfons Form of the within the Divifion allotted to A. B. fchedule.

Sec. 2. And be it further enacled, That every affiftant failing to make return, or mak- AiMant ing a falfe return of the enumeration to the Sife rftum marfhal, within the time by this acl limitted, penalty on, fhall forfeit the fum of two hundred dollars.

Sec. 3. And be it further enacled, That the rflials t0 marfhals mall file the feveral returns aforefaid, file return with the clerks of their refpe&ive diftricl courts, ^JlfjJ who are hereby directed to receive and careful- the diftri<a If preferve the fame : And the marfhals ref- ^Xlttf2

r 84 3

aggregate pe&ively fhall, on or before the firft day of thereof to September, one thoufand feven hundred and the Prcn- ninety-one, tranfmit to the Prefident of the befor°?he United States, the aggregate amount of each jftofsept. defcription of perfons within their refpefrive, diftri&s. And every marfhal failing to file the returns of his amftants, or any of them, with failing fo to fjjg clerks of their refpeclive diftricTt courts, or

$0, penalty _ ... . r r '%

ict'. tailing to return the aggregate amount 01 each

defcription of perfons in their refpeclive dif- tricls, as the fame mall appear from faid returns, to the Prefident of the United States, within the time limitted by this a£t, fhall, for every fuch offence, forfeit the fum of eight hundred dollars ; all which forfeitures fhall be recover- able in the courts of the diftricts where the offences fhall be committed, or in the circuit "How reeo- courts to be held within the fame, by action of ver^bie, debt, information or indictment ; the one half thereof to the ufe of the United States, and the other half to the informer ; but where the profecution fhall be firft inflituted on behalf of the United States, the whole fhall accrue to, their ufe. And for the more effectual difcove- ry of offences, the judges of the feveral diflricl: ®"f .dirc(^ courts, at their next femons to be held after the expiration of the time allowed for making the returns of the enumeration hereby direct ed, to the Prefident of the United States, fhali give this act in charge to the grand juries, in their refpective courts, and fhall caufe the re- turns of the feveral afliftants to be laid before them for their infpe&ion.

Sec, 4. And be it further enacled^ That, eve-

Affi'ftants ry a^^:ant ft?aW receive at the rate of one dol-

rate of com- lar for every one hundred and fifty perfons by

■penfetion him returned, where fuch perfons refide in the

•country, and where fuch perfons refide in &

r »5 i

city, or town, containing more than five thou- fand perfons, fuch afiiftant fhall receive at the rate of one dollar for every three hundred per- fons ; but where, from the difperfed fituatiou of the inhabitants in fome divifions, one dollar for every one hundred and fifty perfons lhall be infufjkient, the marfhals, with the approba- tion of the judges of their refpeclive diftricls, may make fuch further allowance to the affil- tants in fuch divifions as mall be deemed aa adequate compenfation, provided the fame does not exceed one dollar for every fifty perfons by them returned. The feveral mar- ihals mall receive as follows : The marfhal of the diftricl of Maine, two hundred dollars ; the . _ .

JVi2r{i"eiIs

marfhal of the diftricl: of New-Hampfhire, two their co4* hundred dollars ; the marfhal of the diftricl of pen&iio* Maffachufetts, three hundred dollars j the mar- fhal of the diftricl of Connecticut, two hundred dollars ; the marfhal of the diftricl; of New- York, three hundred dollars ; the marfhal of the diftricl of New-jerfey, two hundred dol- lars ; the marfhal of t,he diftricl; of Fennfylva- nia, three hundred dollars ; the marfhal of the diftricl of Delaware, one hundred dollars ; the marfh-al of the diftricl of Maryland, three hun- dred dollars ; the marfhal of the diftricl of Vir- ginia, five hundred dollars j the marfhal of the diftricl of Kentucky, *wo hundred and fifty dollars j the; marfhal of the diftricl of North- Carolina, ffiree hundred and fifty dollars j the marfhal of the* diftricl, South-Carolina, three hundred dollars ; the marfhal of >the diftricl o£ Georgia, two hundred and fifty dollars. And to obviate all doubts which may arile refpecl- iing the perfons to be returned, and the man- ijier of making returns,

$cjl\ £. Be it ena£fed% That every perfon

t 8S }

Rules for whofe ufual place of abode fhall be in any fa- ycSnc™"2 m% on the aforefaid firfl Monday in Augufb next, fhall be returned as of fuch family ; and the name of every perfon, who fhall be an in- habitant of any diftritt, but without a fettled" place of refidence, fhall be inferted in the co- lumn of the aforefaid fchedule, which is allot- ted for the heads of families, in that divifion where he or fhe fhall be on the fa-id firfl Mon- day in Auguft next, and every perfon occa- sionally abfent at the time of the enumeration, as belonging to that place in which he ufually refides in the United States.

Sec. 6. And be it further entitled. That each What per- anc^ everv Perf°n more than fixteen years of fon of a fa- age, whether heads of families or not, belong- iSde?an *nS to anY fam% within any divifion of a dif- account of tricl: made or eflabiifeed within the United £6nthcVe- States, fhall be, and hereby is obliged to ren- ™> der to fuch affiflant of the divifion, a true ac-

count if required, to the beft of his or her knowledge, of all and every perfon belonging to fuch family refpectively, according to the feveral defcriprions aforefaid, on pain of for- feiting twenty dollars, to be fued for and reco- and penalty verec[ by fuch affiftant, the one half for his- "Orrc-iung. own ufe, and the other half for the ufe of the.; United States.

Sec. 7. And be it further enaded, That each.

affiftant fhall, previous to making his return

Copies of to the marfhal, caufe a correcl: copy, figned by

the fche- himfelf, of the fchedule, containing the num..

dutemeach , , \ . , . . , . , . j. : •> ,

divifion to ber or inhabitants within his divinon, to be befetnpatfet Up at two of the moil public places within

public pte- , J , . V , . r o • 1

ce», and the fame, there to remain tor the mipecnon or.

when. ajj concerned ; for each of which copies the, faid ajflftant fhall be entitled to receive two dollars, provided proof of a copy of the fche*

t 87 ]

dule having been fo fei up and fuffered to re* main, fhall be tranfmitted to the marfhal, with the return of the number of perfons ; artd in. cafe any affiftant fhall fail to make fuch proof to the marfhal, he fhall forfeit the compenfa- tion by this && allowed him* FREDERICK AUGUSTUS, MUHLENBERG, Speaker of the Houfe of Reprefentatives* JOHN ADAMS, Vice-Preftdent of the United States, and Prefident of the Senate* Approved, March the ift, 1790:

GEORGE WASHINGTON, Preftdent of the United States.

CHAPTER III.

An Ac! to e/lablifj an uniform Rule of Naturerii* zation.

(repealed.)

CHAPTER IV,

An Acl making Appropriations for the Support of Government, for the Tear one thoufand feven hundred and ninety.

Secxion 1. "0[E it enacled by the Senate and J|3 Houfe of Reprcfentatives of the United States of America in Congrefs afjembled^ That there be appropriated for the fervice of the year one thoufand feven hundred and nine*, ty, to be paid out of the monies arifing froili

r 83 ]

Appropri- the duties on imports and tonnage, the follow-

n!o°S5of *ng fums> to wit ; A mrn nQt exceeding one ifrifing hundred and forty-one thoufand, four hun- [icsjor the dred and ninety-two dollars, and feventy-three civil lift j cents, for defraying the expences of the civil lift, as eftimated by the Secretary of the Trea- sury, in the flatement annexed to his report made to the Houfe of Reprefentatives on the ninth day of January laft, including therein the contingencies of the feveral executive officers, vir d«- which are hereby authorized and granted ; and partment ; aif0j a fum no+ exceeding one hundred and fifty-five thoufand, five hundred and thirty- feven dollars, and feventy-two cents, for de- fraying the expences of the department of war; penfionsto and the farther fum of ninety-fix thoufand, nine' invalids, hundred and feventy-rtine dollars, and feventy- two cents, for paying the penfions which may become due to the invalids, as eftimated in the ftatements accompanying the aforefaid report. Sec. 2. And be it further endcled, That all the SpenSof expences arifmg from5 and incident to the fef- Congrefs. fions of Congrefs, which may happen in the courfe of the aforefaid year, agreeably to laws heretofore paffedj fhall be defrayed out of the monies arifmg from the aforefaid duties on im- ports and tonnage.

Sec. 3. And be it further enabled, That the contingent Prefident of the United States be authorized charges of tQ tjraw froIn the treafury a fum not exceeding

govern- J o

jjient; for ten thoufand dollars, for the purpofe of defray- ing the contingent charges of government, to be paid out of the monies arifmg as aforefaid from the duties on imports and tonnage ; and that he caufe a regular flatement and account ©f fuch expenditures to be laid before Congrefs at the end of the year.

Sec. 4. Andbs ii furlhcr cnaBcdj That a una certain' lp«- yiot exceeding; one hundred and forty-feven tl - ; ■ uc , fand Qne hundred and fixty-nine dollars, and fifty-four cents, be appropriated out of the mo- nies arifing as aforeiaid from the duties on im- ports and tonnage, for discharging the deman s which exit! againft the United States, as, fpeci- fie-d by the Secretary of the Treafury in his re- port made to the Houfe of K-epreTehtatiy.es on the firft of March inftant, including therein a proyifipn for building a light-houfe on Cape- [JJ„ ""i°ht. Henry in the ftafce of Virginia, and for defray- houfe on ing the expences arifmg from the acl, intituled, Sf ?caiua a'' " An aft for the eftablifhment and fupport of light-hohfes, beacons, buoys, and public piers."

Sec. 5. And be it further e?iacled, That out of the aforefaid appropriation of one hundred and forty-feven thoufand one hundred and fix- out of ty-nine dollars and fifty-four cents, the payment ™^v ;ver ' of the following fums, not heretofore provided merits, not for by law, and eflimated in the aforefaid re- b-er°r1Cff^"

J 7 . viclecl lor

port of the Secretary of the Treafury of the by iaV;are firft of March inflant, is hereby authorifed and authorizJ2 ■ intended to be made, to wit : For the ex- pences of the late office of foreign affairs, fix hundred and fifty dollars : To Roger Alden, for his Services, including his office expences, and the allowance to his clerks, eight hundred and feventy-three dollars, and feventy cents : To the late eommiffioner for fettling; the ac- counts of the departments of the late quarter- mailer-general, and conimiiiaries general of purchafes and ilnies, for his own and clerk's iei vices, from the eighth of May to the firft of Auguft, one thoufand feven hundred and eigh- ty-nine, one thoufand and ten dollars, and fif- : ty-flve cents: To the late conimiffioner for

i Vox. I. M

[ 9* ]

For Jehoia. kim M'- Tokfin,

James Ma- thers, and ,G. Dallcy.

fettling the accounts of the late marine, cloth- ing, and hofpital departments, for his own and clerk's fervices, from the eighth of May to the third of Augufl, one thoufand feven hundred and eighty-nine, fix hundred and twenty-eight dollars, and twenty-fix cents : To the late com-i miffioner for adjufling the accounts of the fe- cret and commercial committees of Congrefs, for his falary from the fTrft of July to the third of Augufl, one thoufand feven hundred and eighty-nine, one hundred and feventy-four dol- lars, and fixteen cents : For defraying the ex- traordinary expences of the late Prefident of Congrefs, three hundred and eighteen dollars, and fifty-three cents : For paying falaries to the late loan-officers of the feveral flates, from the thirtieth day of June to the thirty-firfl day of December, one thoufand feven hundred and eighty-nine, including office-charges, fix thou- fand feven. hundred and twenty-five dollars : For paying the intereft due on the loans made by the Secretary of the Treafury, two thoufand four hundred and fourteen dollars, and fixty- one cents.

Sec. 6. And be it further enafled. That the fum of one hundred and twenty dollars, be paid out of the monies arifing from the aforefaid duties on imports and tonnage, to Jehoiakim McToldin, in full compenfation for his fervices as an interpreter and guide in the expedition commanded by major-general Sullivan, in the year one thoufand feven hundred and feventy- nine ; and alfo the fum of ninety-fix dollars to James Mathers and Gifford Dalley, each, for fervices during the late recefs of Congrefs,

Sec. 7. And be it further enafled, That the Prefident of the ynited States be authorifed tg>

E 9* ]

'empower the Secretary of the Treafury, if he Prefident, mall deem it neceffary, to make fuch loans as '* "e"'fl** may be requifite to carry into effect, the forego- thorlze jng appropriations, for the re-payment of which J[Jj£ '° ^ the aforefaid duties on imports and tonnage there ap- fliall be, and are hereby pledged. EST""*

FREDERICK AUGUSTUS MUHLENBERG,

Speaker of the Houfe of Reprefentatives.

JOHN ADAMS, Vice- Prefident of the United States , and Prefident of the Senate*

Approved, March twenty-fixth, 1790:

GEORGE WASHINGTON,

Prefident of the United States*

C H A P T E R V.

An Acl to prevent the Exportation of Goods not didy infpecled according to the Laws of the feveral States,

Section 1. T3 E it enacled by the Senate and X3 Houfe of Reprefentatives of the United States of America in Congrefs affembled, colle&ors, That the collectors and other officers of the &c: n^ to cuftoms in the feveral ports of the United tnc"S)C in- states, be, and they are hereby directed to pay tila CCIt.ifi- due regard to the infpe&ion-laws of the dates fpeaion i» in which they may refpe&ively acl:, in fuch man- Produced> ner, that no veifel having on board goods lia- ble to infpection, mall be cleared out until the mafter or other proper perfon mail have pro*

[ 9^ ]

duced fuch certificate, that all inch goods haxe been duly infpecled, as the laws of .the re' tive ftatcs do or may require to be produced to collectors or other officers of the cuitoir^.

FREDERICK AUGUSTUS MUHLE- BERG, Speaker of the Houfe of Reprefentatives.

JOHN ADAMS, Vicc-Prefdent of the United States , and Prefident of the Seriate.

Approved, April the 2d, 1790 :

GSORGE WASHINGTON,

Prefident of the United States.*

CHAPTER VI.

Recital of An Acl to accept a Cefjion of the Claims of the the deed of State of North-Carolina, to a certain Di/lricl

cclfion, by . T„ Jn r^ *

tivefenators of Weft em 1 err it cry.

©f N. Caro-

UnUed l A DEED of ceffion having been execu- Scates; and _£~\_ ted, and in the Senate offered for ac- ceptance to the United States, of the claims of the ftate of North Carolina, to a diftricV of territory therein deferibed ; which deed is in. the words following, viz.

To all who fJjall fee thefe Prefents.

We, the underwritten Samuel Johnston and Benjamin Hawkins, Senators in the Con- grefs of the United States of America, du- ly and ccnftitutionally chofen by the Legis- lature of the ftate of North-Carolina, fend ereetirie.

C 93 1

WHEREAS the General Affembly of the •ft ate of North- Carolina, on the day

of December, in the year of our Lord one thou- land i'^cn hundred and eighty-nine, palled an aft, entitled, ts An Acr for the purpofe of cedino- to the United States of America, cer- tain weftern, lands therein defcribed," m the words following, to wit :

.Whereas the United States in Congrefs afrembled, . have repeatedly and earneftly re- commended to therefpe&ive ilates in theUnion, c[the s<a _ claiming or owning vacant weftera territory, theiegifia- ,to make •ceflions of part of the fame, as a fur- r^eV ther means, as wen of haftenmg the extinguish- which the ment of the debts, as of eilablifhing the harmo- thTfal'd"011 :ny of the United States.;- and the inhabitants dted is ©f the faid weftern territory heing alfo defirous autlorik* that fuch cellion ihouldcbe> made, in order to obtain a more ample protection than they have heretofore received : Now this ftate, beino* ever defirous of doing ample juftice to the pub- lic creditors, as well as the eftablifhing the har- mony of the. United States, and complying with the reafonable defires of her citizens ; Be it enacled by the General Ajfembiy of the Jiate of North-Carolina, and it is hereby enacled by the authority .of the fame, That the Senators of this ftate, in the Congrefs of the United States, or one of the Senators and any two of the Repre- sentatives, of this flate in the Congrefs of the United .States, are hereby autfiorifed, empow- ed and required to execute a deed or deeds on the part and behalf of this ftate, conveying to the United States of America, all rig-ht, title p , * and claim which this ftate has to the fovereignty and coud'i- and territory of the lands (ituated within the "„"?s3®f **# chartered limits of this ftate, weft of a line be- ginning on the extreme height of the Stone

C 94 ]

Mountain, at the place where the Virginia ie in c.ls it ; running thence along the ex- >e height of the laid mountain, to the place ■V augo River breaks through it ; thence Lirfe to the top of the Yellow Moun- :re Bright's Road croffes the fame ; okg the ridge of faid mountain, be- e waters of Doe River and the waters i Creek, to the place where the road the Iron Mountain ; from thence along . treme height of faid mountain, to where ■ uchucky River runs through the fame ; ; ience to the top of the Bald Mountain ; thence along the extreme height of the faid mountain, to the Painted Rock, on French Broad River ; thence along the highefl ridge oi the faid mountain, to the place where it is called the Great Iron or Smoaky Mountain ; thence along the extreme height of the faid mountain, to the place where it is called Uni- coy or Unaka Mountain, between the Indian towns of Cowee and Old Chota ; thence along the main ridge of the faid mountain, to the fouthern boundary of this (late, upon the fol- lowing exprefs conditions, and fubj eel thereto; that is to fay : Fir/i9 That neither the lands nor inhabitants weflward of the faid mountain fhall be eflimated after the ceflion made by virtue of this acl: fhall be accepted, in the af- certaining the proportion of this flate with the United States, in the common expence occafi- oned by the late war. Secondly, That the lands laid off, or directed to be laid off by any acl or acls of the General Affembly of this flate, for the officers and foldiers thereof, their heirs and affigns refpeclively, fhall be and enure to the ufe and benefit of the faid officers, their heirs and affigns rei'peclively ; and if the bounds of

C 95 1

the faid lands already prefcribed for the officers Bo,uncian^ and foldiers of the continental line of this itate, and condi- fhall not contain a fufficient quantity of lands %3£uL fit for cultivation, to make good the feveral pro- vilions intended by law, that fuch officer or foldier, or his aifignee, who mall fall ffiort of his allotment or proportion, after all the lands fit .for cultivation within the faid bounds are ap- propriated, be permitted to take his quota, or fuch part thereof as may be deficient, in any other part of the faid territory intended to be -ceded by virtue of this act., not already appro- priated. And where entries have been made agreeable to law,- and titles under them not perfected by grant or otherwife, then, and in that cafe, the Governor for the time being, fhall, and he is hereby required to perfect, from time to time, fuch titles, in fuch manner as if this act had never been paffed. And that all entries made by, or grants made to all and every perfon or perfons whatfoever, agreeable to law, and within the limits hereby intended to be ceded to the United States, fhall have the fame force and effect as if fuch ceffion had not been made ; and that all and every right of oc- cupancy and pre-emption, and every other right referved by any act or acts to perions fet- tled on, and occupying lands within the limits of the lands hereby intended to be ceded as afore- faid, fhall continue to be in full force, in the fame manner as if the ceffion had not been made, and as conditions upon which the laid lands are ceded to the United States. And further, it fhall be underflood, that if any perfon or per- fons fhall have, by virtue of the act, entitled, " An act for opening the land-office for the redemption of fpecie and other certificates, and ^charging the arrears due to the army," paf-

E 9'5 ]

EdtoMariri fed iri the year one thoufand fever, hundred »iid concU- and eighty- three, made his or their entry in ^:thc the office ufnally. called John Armhrong's of- fice, and located the fame to any foot or piece of ground, en which any other pcrion or pel - ions mli.ll have previously located any entry or entries, that then, and in that cafe, the peifon or pcrfons having made fuch entry qr en'trie^, or their aflignee or aflignees iliail have leave, and be at full liberty to remove the location of fuch entry or entries, to any iaricls ciiwhlch no entry has been fpecially locked', or on any vacant lands included within the limits of the lands hereby intended to be ceded : Jrrovided% That nothing herein contained mall extend or be coimTued to extend to the 'making pood any entry or entries, or any grant or grants heretofore declared void, by ?ny act or acls of tire General Aflembiy of this (tale. Thirdly, That all the lands intended to be ceded by vir- tue of this acl to the United States of America, and not appropriated as before mentioned.

ill _ -A

ihall be coniidercd as a common fend for the life and benefit of the United States of Ameri- ca, North- Carolina mclufive, according to their refpecrive and nfual proportion in the ge- neral charge and expenditure, and mail be iaithiully difpofed of for that purpofe, and lor no other life or purpole whatever, fourthly That the territory fo ceded, mail be laid out mid formed into a (late or dates, containing a /enable extent of territory, the inhabitants of which mall enjoy all the privileges, benefits and :;. /Vantages fet forth in the ordinance of the late Cooo-refs, for the government of the Wcf- tern Territory of the United States ; that is to fay, Whenever the Ccngreis of the United States ihall caule to be officially transmitted

t 9.7 1

%o the executive authority of this ftate, an au- Bonn«iarK* t'henticated copy of the aft to bepafled by the g$ 'Jfajs Congrefs of the United States, accepting the Ccffi«i. cefiion of territory made by virtue of this aft, under the exprefs conditions hereby fpecified, the faid Congrefs mall at the fame time affume the government of the faid ceded territory, which they mall execute in a manner fnnilai* to that which they fupport in the territory weft of the Ohio ; mall protect the inhabitants againft enemies, and mall never bar or deprive them of any privileges which the people in the territory well of the Ohio enjoy ; Provided always, That no regulations made or to be made by Congrefs, fhall tend to emancipate flaves. Fifthly, That the inhabitants of the faid ceded territory mail be liable to pay fuch fums of money, as may, from taking their cenfus, be their juft proportion of the debt of the Uni- ted States, and the arrears of the requisitions of Congrefs on this date. Sixthly, That all perfons indebted to this Itate, refidiiig in the territory intended ta be ceded by virtue of this aft, fhall be held and deemed liable to pay fuch debt or~dehts in the fame manner, and under the fame penalty or penalties as if this aft had never been palfed. Seventhly, That if the Congrefs of the United States do not accept the ceffian hereby intended to be made, in due form, and give official notice thereof to the executive of this ftate, within eighteen months from the paffing of this aft, then this aft lhall be of no force or effeft whatfoever. Eighthly, That the laws in force and ufe in the ftate of North-Carolina, at the time of palling this aft, fhall be, and continue in full force within the territory hereby ceded, until the fame fhall be repealed, or otherwife Vol. I. N

[ 98 1

pdtmdaries altered by the legiflative authority of the faid and condi- territory. Ninthly, That the lands of non-refi- ccffion.' e dent proprietors within the faid ceded territo- ry, fhall not be taxed higher than the lands of refidents. Tenthly, That this acl mall not prevent the people now refiding fouth of French Broad, between the rivers Tenefee and Big Pidgeon, from entering their pre-emptions in that tracl, mould an office be opened for that purpofe, under an acl: of the prefent Ge- neral AfTembly. And be it further enacted by the authority afore/aid, That the fovereignty and jurifdiclion of this ftate, in and over the territory aforefaid, and all and every the inha- bitants thereof, fhall be and remain the fame in all refpecls, until the Congrefs of the Uni- ted States fhall accept the ceffion to be made by virtue of this acl, as if this acl had never paffed.

Read three times, and ratified in General AfTembly, the day of December^

A. D. 1789.

CHAs, JOHNSON, Sp. Sen. S. CABARRUS, Sp. H. C." Now therefore know ye9 That we, Samuel Johnston and Benjamin Hawkins, Sena- tors aforefaid, by virtue of the power and au- thority committed to us by the faid acl, and in the name, and for and on behalf of the faid ftate, do, by thefe prefents convey, aflign, trans- fer, and fet over unto the United States of Ame- rica, for the benefit of the faid ftates, North- Carolina inclufive, all right, title, and claim which the faid ftate hath to the fovereignty and territory of the lands fituated within the chartered limits of the faid ftate, as bounded and defcribed in the above recited acl of the General AfTembly, to and for the ufes and pur-

G 99- J

pofes, and on the conditions mentioned in the

laid act.

In wilnefs whereof, we have hereunto fub- fcribed our names, and affixed our feals, in the fenate-chamber, at New-York, this twenty-fifth day of February, in the year of our Lord, one thoufand feven hundred and ninety, and in the fourteenth year of the independence of the United States of America.

SAM : JOHNSTON, (l. s.)

BENJAMIN HAWKINS, (l. s.)

Signed, fealed, and delivered in the prefence of

Sam : A. Otis

'}

Be it enacled by the Senate and Houfe of Re- presentatives of the United States of 'America in i Congrefs affembled, That the faid deed be, and Accepted, i the fame is hereby accepted,

FREDERICK AUGUSTUS MUHLENBERG,

Speaker of the Houfe of Reprefentatives.

JOHN ADAMS, Vice-Prefident of the United, States, and Prejident of the Senate.

Approved, April the 2d, 1790:

GEORGE. WASHINGTON,

Prefident of the United States K

CHAPTER VII,

An Ad: to promote the Progrefs of ufeful Arts. (repealed,)

C xoo ]

CHAPTER VIII.

An Aft further tofufpend Part of an Acl, inti- tuled, Aft to regulate the Colleclion of the Du- ties impofed by Law on the Tonnage of Ships or Vejels, and on Goods, Wares, and Mcrchan* di/es, imported into the United States" and to ammd the /aid Aft.

( REPEALED >>)

—— ■miimnm.n.'iTj.

Treafop, what cafes fliail be judged, how prov- ed & pu- *li.faed ;

alio of mif- prifion of treafon.

CHAPTER IX.

An Aft for the Punifhment of certain Crimes againft the United States.

Section, i . "tHI E it enafted by the Senate and JL3 Houfe cf Reprefentatives of the United, States of America in Congrefs affembled, That if any perfon or perfons, owing allegiance to the United States of America, mall levy

war againft

them, or fhall adhere to their en-

emies, giving them aid and comfort within the United States or elfewhere, and inall be thereof convicted, on confeffion in open court, or on the teilimony of two ■ witnelfes to the fame overt act of the treafon whereof he or they mall (land indicted, fuch perfon or perfons fhall be adjudged guilty of treafon againft the United States, and fhall fuffer death.

Sec. 2. And be it enacled, That if any perfon or perfons, having knowledge of the commif- fion of any of the treaions aforefaid, fhall con- ceal and not as foon as may be difclofe and make known the fame to the Prefident of the United States, or fame one of the judges there-

of, or to the Frefkient or Governor of a parti- cular ftate, or ibme one of the judges or juitices thereof, fuch perfon or perfons on conviction mail be adjudged guilty of mifpriiion of trea- fon, and fhall be imprifoned not exceeding • feven years, and lined not exceeding one thou* fand dollars.

Seel*. 3. And be it enacled, That if any- Murder m perfon or' perfons fhall, within any fort, arfe- J-J^'jJ* nal, dock-yard, magazine, or in any other nifhedwitb. place or diftricTt of country, under the fole and deathi exclufive jurifdi£tion of the United States, com- mit the crime of wilful murder, fuch perfon or perfons on being thereof convicted, fhall fuf- fer death*

Sect. 4. And be it alfo en-acled, That the court before whom any perfon fhall be convic- ted of the crime of murder, for which he or and court me fhall be fentenced to fuffer death, may at fp. *f d,er

, . . . ' J oitcnder s

their difcretion, add to the judgment,, that the body to be body of fuch offender fhall be delivered to a dJffeaf'- furgeon for defection ; and the marfhal who is to caufe fuch fentence to be executed, fhall ac- cordingly deliver the body of fuch offender, af- ter execution done, to fuch furgeon as the court fhall direct, for the purpofe aforefaid : Provided, That fuch furgeon, or fome other perfon by him appointed for the purpofe, fhali attend to receive and take away the dead body at the time of the execution of fuch offender.

Sec. 5. And be it further enacled, That if Refcue of a. any perfon or perfons fhall, after fuch execu- ed.for dfp' tion had, by force refcue or attempt to refcue fe&ion, pu- the body of fuch offender out of the cuftody "^ .ent of the marfhal or his officers, during the con- veyance of fuch body to any place for defec- tion as aforefaid; or fhall by force refcue ox

C *©2 ]

attempt to refcue fuch body from the houfe of ai.y furgeon, where the fame fhall have been deposited, is purluance of this ac"t ; every per- fen fo offending, fhail be liable to a fine not exceeding one hundred dollars, and an im- prifonment not exceeding twelve months* IWifprftidn Sec. 6. And be it enacled, That if any per- iiiSbaSfe ^on or P^rfons having knowledge of the aclu- tiiaii be al commiffion of the crime of wilful murder. low^u™" ox ot^er felony, upon the high feas, or within Biaieti.- any fort, arfenal, dock-yard, magazine, or other place or diftricl of country, under the fole and exclufive jurifdiclion of the United States, mall conceal, and not as foon as may be difclofe and make known the fame to fome one of the judges or other perfons in civil or mili- tary authority under the United States, on conviction thereof, fuch perfon or perfons fhall be adjudged guilty of mifprifion of felony, and fhall be imprifoned not exceeding three years,, and fined not exceeding five hundred dollars. Sec. 7. And be it enacled, That if any per- Je^jfafort" *°n or perfons fhall within any fort, arfenal, arfenal, &c, dock-yard, magazine, or other place or dif- Euflied.U" tr^ °f country, under the fole and exclufive jurifdiclion of the United States, commit the crime of man-flaughter, and fhall be thereof convicled, fuch perfon or perfons fhall be im- prifoned not exceeding three years, and fined not exceeding one thoufand dollars, piracy and Sec. 8. And be it enacled, That if any per- vha°' cafes f°n or perfons fhall commit upon the high feas, iiiaii be or in any river, haven, bafon or bay, out of wW tri- tne jurifdiclion of. any particular flate, mur- ed and der or robbery, or any other offence which if wiEJd,' committed within the body of a county, would by the laws, of the United States be punifh-.

able with death ; or if any captain or manner of any fhip or other veffel, fhall piratically and felonioufly run away with fuch fhip or veffel, or any goods or merchandize to the value of fifty dollars, or yield up fuch fhip or veffel Voluntarily to any pirate ; or if any feaman fhall lay violent hands upon his commander^ thereby to hinder and prevent his fighting in defence of his fhip or goods committed to his truft, or fhall make a revolt in the fhip ; eve- ry fuch offender fhall be deemed, taken and adjudged to be a pirate and felon, and being" thereof convicted, fhall fuffer death : and the trial of crimes committed on the high feas, or in any place out of the jurifdiction of any par- ticular flate, fhall be in the diftricl where the offender is apprehended, or into which he may firfl be brought.

Sec. 9. And be it ertaftedi That if any ci- tizen fhall commit any piracy or robbery aforefaid, or any acl of hoflility againfl the United States, or any citizen thereof, upon the high fea, under color of any commiflion from any foreign prince, or ftate, or on pre- tence of authority from any perfon, fuch of- fender fhall, notwithstanding the pretence of any fuch authority, be deemed, adjudged and taken to be a pirate, felon, and robber, and on being thereof convifted, fhall fuffer death.

Sec. 10. And be it enacledy That every perfon who fhall, either upon the land or Acce|&nW.

. .... thereir

the feas, knowingly and wittingly aid and af- how Pu* fift, procure, command, counfel or advife any ni{liecU perfon or perfons, to do or commit any murder or robbery, or other piracy aforefaid, upon the feas, which fhall affect the life of fuch per- fon. and fuch perfon or perfons fhall there*

I I04 ]

upon do or commit any fuch piracy or rob- bery, then all and every fuch perfon fo as aforefaid aiding, affilling, procuring, com- manding, counfelling or advifiag the fame, either upon the land or the fea, mall be, and they are hereby declared., deemed and ad- judged to be acceffary to fuch piracies before the fact, and every fuch perfon being there- of convicted fhall fuffer death*

SeCi ii. And be it enacted, That after any murder, felony, robbery, or other piracy what-^ foever aforefaid, is or mail be committed by any pirate or robber, every perfon who know- ing that fuch pirate or robber has done or committed any fuch piracy or robbery, fhall on the land or at fea receive, entertain or con- ceal any fuch pirate or robber, or receive or take into his cuftody any fhip, veffel, goods or chattels, which have been by any fuch pi- rate or robber piratically and feloniouily tak- en, mall be, and are hereby declared, deemed and adjudged to be acceflory to fuch piracy or robbery, after the fact j and on conviction thereof, fhall beimprifo.ned not exceeding three years, and fined not exceeding five hundred dollars.

„ , , Sec. 12, And be it enacled. That if any

Confederal r , ~ n ,, . J

cy to be- leaman or other perion lhall commit man- e-ome pj- flaughter upon the high feas, or confederate

rates, how ° i

guaifted; or attempt or endeavour to corrupt any com- mander, matter, officer or mariner, to yield up or to run away with any fhip or veffel, or with any goods, wares, or merchandize, or to turn pirate, or to go over to or confederate with pirates, or in any wife trade with any pi- ■ rate knowing him to be fuch, or fhall furnifh

' '^ fuch pirate with any ammunition, flores or

C 105 ]

provifions of any kind, or fhall fit out any veffel knowingly, and with a defign to trade with or ilipply or correfpond with any pirate or robber upon the feas ; or if any perfon or perfons fhall any ways confult, combine, con- federate or correfpond with any pirate or rob- ber on the feas, knowing hinl to be guilty of any fuch piracy or robbery ; or if any feaman mail confine the maftef of any fhip or other veffel, or endeavour to make a revolt in fuch fhip ; fuch perfon or perfons fo offending, and being thereof convicted, fhall be imprifoned nor exceeding three years, and fined not ex- ceeding one thoufand dollars,

Sec. 13. And be it enacted^ That if any Maiming perfon or perfons, within any of the places ^f^cafcs upon the land under the fole and exclufive judged;' jurifdiclion of the United States, or upon the ^j^S. high feas, in any veffel belonging to tile Uni- ted States, or to any citizen or citizens there- of, on purpofe and of malice aforethought,' fhall unlawfully cut off the ear or ears, or cut out or difable the tongue, put out an eye, flit the nofe, cut off the nofe or a lip, or cut off or difable any limb or member of atiy per- fon, with intention in fo doing to maim or disfigure fuch perfon in any the manners be- fore mentioned, then and in every fuch cafe the perfon or perfons fo offending, their couri- fellors, aiders and abettors (knowing of and privy to the offence aforefaid) fhall on con- viction, be imprifoned not exceeding fevenf years, and fined not exceeding one thoufand dollars.

Sec. 1.4. And he it entitled^ That if any per- fon or perfons fhall falfely make, alter, forge ©r counterfeit, or caufe or procure to be falfe-

Yol. L O

ic. in

[, 106 I

-'. Jy made, altered, forged, or counterfeited,*^ flw!ii,c willingly zc: or aiiifl in the falfe makini

'»Hlid taring, forging or counterfeiting any certifi-

how oil- '-'. o o o j

Bfthod. Cate, indent, or other public fecurity of the United States, or (hall utter, put off, or of- fer, or eaufe to be uttered, put off or offered iri payment or for fale any fuch falfe, forged,, altered or counterfeited certificate, indent or ether public fecurity, with intention to defraud any oerfon, knowing the fame to be falfe, al- tered, forged, or counterfeited, and fha.Il be thereof convicted, every fuch perfen mall fuffer death. stealing or Sec. 15. Arid be it enacfed, That if any per- ^rSofd," fon ftali felcnioufly fleal, take away, alter, proeefs, falfify, or otherwife avoid any record, writ, procefs, or other proceedings in any of the courts of the United States, by means where- of any judgment fhall be reverfed, made void, or not take effect, or if any perfon fhall ac- knowledge or procure to be acknowledged in any of the courts aforefaid, any recognizance, bail or judgment, in the name or names of any ether perfon or perfons not privy or cement- ing to the fame, every fuch perfon or perfons on conviction thereof, mall be fined not ex- ceeding five thoufand dollars, or be imprifon- ed not exceeding feven years, and whipped not exceeding thirty-nine ilripes. Provided fieverthelefs, That this act mail not extend to the acknowledgement of any judgment or judgments by any attorney or attornies, duly admitted for any perfon or perfons againlt whom any fuch judgment or judgments mall be had or given.

Sec. 1 6, And be it ena6ied9- That if any per- fon within any of the places under the fole and exclufive jurisdiction of the United States,

Exceptions,

t i°7 ] -6t upon the InVk Teas, fhall lake and carry L.r" 'cc'"/-

r °j 'n i i • t what caiea

away, with an intent to ileal or purloin the n^whe perfonal goods of another ; or if any pcrfon Ju^d.atliI or perions, having at any time hereafter the nifhed. charge or cuftody of any arms, ordnance, mu- nition, mot, powder, or habiliments of war belonging to the United. States, or of any vic- tuals provided for the victualing of any foldi- ers, gunners, marines or pioneers, mall for miy lucre or gain, or wittingly, advifedly, and of purpofe to hinder or impede the fervica of the United States, embezzle, purloin or con- vey away any of the faid arms, ordnance, mu- nition, mot or powder, habiliments of war, or victuals, that then and in every of the cafes aforefaid, the perfon or perfons fo offending, their counfellors, aiders and abetters (know* ifig of and privy to the offences aforefaid) fhai-L en conviction, be fined not exceeding the four- fold value of the property fo floien, embez- zled or purloined ; the one moiety to be paid to the owner of the goods, or the United States, as the cafe may be, and the other * moiety to the informer and profecutor, and be publicly whipped, not exceeding thirty- -nine ffi-ipes.

Sec. -17. And be it further enabled, That if R„c„]V._ ;any perfon. or perfons within any part of the offioien uirifdiction of the United States as aforefaid, pods' S:c'

J " how pu-

ff) all receive or buy any goods or chattels that r.ifl.ed.

mall be felonioufiy taken or 'Helen from any other perfon, knowing the fame to be ftolen, or mail receive, harbour or conceal any felons or thieves, knowing them to be fo, he or they being of either of the faid offences legally con- victed, fhall be liable to the like punifnments <as*m the cafe of larceny before arcprefcribed,.

C 1.08 ]

injury Sec. 18. A nd be it enacledy That if any pe?-

u'iflTcd.U f°n ^a^ wilfully and corruptly commit perju- ry, or mall by any means procure any perfon to commit corrupt and wilful perjury, on his or her oath or affirmation in any fuit, contro- yerfy, matter or caufe depending in any of the courts of the United States, or in any de- position taken purfuant to the laws of the United States, every perfon fo offending, "and being thereof convicted, mall be imprifonec^ not exceeding three years, and fined not ex- ceeding eight hundred dollars ; and mall (land in tlie pillory for one hour, and be thereaf- ter rendered incapable of giving teflimony in any of the courts of the United States, until fuch time as the judgment fo given againfl the faid offender mail be reverfed.

Sec. 19. And be it enabled y That in every prefentment or indictment to be profecuted tions^for"" againfl: any perfon for wilful and corrupt per- perjury, jury, it mail be fufhcient to fet forth the fub- fcientto ' ft ance °f the offence charged upon the defen- fet forth dant, and by what court;, or before whom the .

iubAanceof 'i he 1- *. i r ' r -L

t^c char c- oatfl or affirmation was taicen, (averring iucn court, or perfon or perfons to have a compe- tent authority to adminifcer the fame) together with the proper averment or averments to falfify the matter or matters wherein the per- jury or perjuries is or are afiigned ; without fetting forth the bill, anfwer, information, in- dictment, declaration, or any part of any re- cord or proceeding, either in law or equity, other than as aforefaid, and without fetting forth the cornimflion or authority of the court, or perfon or perfons before whom the perj ury was committed.

Sec. 20. And be it further enable a r, That in every prefentment or indictment for fuborna-

[ io9 ]

tion of perjury, or for corrupt bargaining or a]fo,inPro- : contracting with others to commit wilful and f "fubor- corrupt perjury, it mail be fufficient to fet forth nation oi i the fubftance of the offence charged upon the PcrJUIT- defendant, without letting forth the bill, an- fwer, information, indictment, declaration, or i any part of any record or proceeding, either in law or equity, and without letting forth the commiffion or authority of the court, or perfon or perfons before whom the perjury was committed, or was agreed or promifed to be committed.

Sec. 2 1 . And be it enabled. That if any per- Bt]hei. , fon mail, diredly or indirectly, give any fum what c:If«« or fums of money, or any other bribe, pre- j^ltLdajui fent or reward, or any promife, contract, obli- how Pu- gation or fecurity, for the payment or delivery millsd- of any money, prefent or reward, or any other thing to obtain or procure the opinion, judg- ment or decree of any judge or judges of the United States, in any fuit, controversy, matter or caufe depending before him or them, and mall be thereof convicted, fuch perfon or perfons fo giving, promifing, contracting or feeuring to be given, paid or delivered, any fum or fums of money, prefent, reward or other bribe as aforefaid, and the judge or judges who mall in any wife accept or receive the fame, on conviction thereof fhall be fined and imprifened at the difcretion of the court ; and fhall forever be difqualified to hold any office of honor, trull or profit under the Uni: ted States.

Sec. 22. And be it enadted^ That if any per- Perfons ov; fon or perfons mail knowingly and wilfully theeiecu- obllract, refill or oppofe any officer of the ticn^.f pro- United States,, in fervirig or attempting to p^fhetL '

[ «6 3

fevve or execute any mefne procefs, of War- rant, or any rule or order of any of the courts of the United States, or any other legal of judicial writ or procefs whatfocvcr, or fhall af- fault, beat or wound any officer, or other per- fon duly authorifed in ferving or executing any writ, rule, order, procefs or warrant aforefaid, every perfon fo knowingly and wil- iully offending in the premifes, (hall, on con- viction thereof, be imprifoned not exceeding twelve months, and fined not exceeding three hundred dollars.

Pda-eof Sec. 23. And be it further enacled, That if !«n^>ted sny Pen"on or perfons, fhall by force fet at li- ar btfore berty, or refcue any perfon who fhall be found •w"pu-°n' guilty °f treafon, murder, or any other capi- r?fihed. tal crime, or refcue any perfon convicted of any of the faid crimes, going to execution, or during execution, every perfon fo offend- ing, and being thereof convicted, mail fuffef death : And if any perfon fhall by force fet ■at liberty, or refcue any perfon who before conviction mail ftand committed for any of the capital offences aforefaid ; or if any per-. Fon or perfons fhall by force fet at liberty, or refcue any perfon committed for or convict ed of any other offence againft the United States, 'every perfon fo of! ending, mail, on convic- tion, be fined not exceeding Five hundred dol- lars, and imprifoned not exceeding one year.

'f?r>c<mvic- Sec. 24. Provided akcays, and be it enacled^ tfcm to ^jiat fto conviction cr judgment for any of

*.v(?rk cor- J o J m

tvepCvsa of the offences aforefaid, fhall work corruption rUnd or £ ]3}0O(} QT rny forfeiture of eft ate.

forfeiture ' J

ef :aate. gec> g^., J nj [?e ft enacled, That if any writ or procefs mall at any time hereafter be fired forth or profecuted by any perfon or perfons.

m , the fame, he,/

[ III. J

in any of the courts of the United States, or m any or the coirts or a particular irate, or by court of th* anyiud^e or iuiiice therein re'fpeaively, where- l'-:; I by the perlon or any ambanador or other puo- ti. .:_ tlic minifter of any Foreign prince or flate, au- *&"&****< tthorifed and received as inch by the Fre'fident ftcr, «4ti; of the United States, or any domeftic or do- ;'-nl meftic fervant of any fuch anibailador or other public ininiiler, may be arrefted or ini- prifoned, or his or their goods or chattels be diftrained, feized or attached, foch writ or procefs mall be deemed and adjudged to be i utterly null and void to all intents, conftruc- ;tion and purpofes whatfoever.

Sec. 2&\ And be it entitled, That in cafe rf r , any perfen or perfons mall fue forth or profe- icute any fuch writ or procefs, fuch perlon or perfons, and all attornies or folicitors profe- icuting or foliciting in fuch cafe5 and all ofTi- icers executing any fuch writ or procefs, being i thereof convicted, mall be deemed viplaters i of the laws of nations, and difturbers of the [public repofe, and imprifoned not exceeding ■ three years, and fined at the discretion of the; i court,

Sec. 27. Provided neverthele/s, That no cl- i tizen or inhabitant of the United States, who "SjJ-fJjL : fliall have contracted debts prior to his enter- ceptc4 ing into the fervice of any ambafTador or other public minifter, which debts fliall be frill due and unpaid, {hall have, take or relceive. any benefit of this act, .5 nor /hall any perfon be proceeded againft by virtue of this act, for having arreiled or fued any other donieftic fervant of any ambafTador or other public mi- nifter, unlefs the name of fuch fervant be firft regiftered in the office of the Secretary of State, and by fuch Secretary tranfmjtted to the mar-

C 112 ]

fhal of the diitrict in which Congrefs fhall re- fide, who mall upon receipt thereof affix the fame in fome public place in his office, where- to all perfons may refort and take copies with- out fee or reward.

violation of ^ec* 2^' ^w^ ^ ^ w^^j That if any per- a fafe con- fon fhall violate any fafe-conduct or paffport 4nd,orto jyjy obtained and hTued under the authority

tne perion J J

of public of the Urrited States, or mail aflault, ftrike, ho"!ftTi- v/ound, imprifon, or in any other manner in- niflied. fract the law of nations, by offering violence to the perfon of an ambaffador or other pub- lic minifler, fuch perfon fo offending, on con- viction, fnall be imprifoned not exceeding three years, and fined at the difcretion of the court.

, Sec. 29. And be it enabled, That any per- treafon, fon who mall be accufed and indicted of trea- PH^ner fon, fhall have a copy of the indictment, and copy of in- a lift of the jury and witneues, to be produ- r fw C v cec^ on ^e tr^ proving the faid indictment, jury & wit- mentioning the names and places of abode of neffes, &c. fucn witneffes and jurors, delivered unto him at leafb three entire days before he mall be tri- in other ca- ec[ for the fame ; and in other capital offences, copy of tn- fha.ll have fuch copy of the indictment and

fi(f mf "tht ^ °f t^le Jury two ent^re ^ays at ^ea^ Def°r^

jury; aifp the trial: And that every perfon fo accufed be allowed an(j indeed for any Df the crimes aforefaid, fhall alfo be allowed and admitted to make his full defence by counfel learned in the law; and the court before whom fuch perfon fhall be tried, or fome judge thereof, fhall, and they are hereby authorifed and required im- mediately upon his requeft, to affign to fuch perfon fuch counfel, not exceeding two, as. fuch' perfon fhall defire, to whom fuch cotfn-

C "3 ]

fel ijiail have free accefs at all feafonable

hours ; and every fuch perfon or perfons ac-

cufed or indicted of the crimes aforefaid, mail

be allowed and admitted in his faid defence to

make any proof that he or they can produce,

by lawful witnefs or witneifes, and fhall have

the like procefs of the court where he or they ana procefs

fhall be tried, to compel his or their witneifes *° co™Pel i • ■ i • -i • r ii the attca" to appear at his or their trial, as is uiually dance of

granted to compel witneifes to appear on the wltneff%. profecution againft them.

Sec. 30. And be it further enaclecl, That if iR cafe3 0f any perfon or perfons be indicted of treafon treafim or

J l i . OtflCr C3.Dt~

againfttheUn:tedStates,and fliall Hand mute or tai offence, refufe to plead, or fhall challenge peremptorily ^Jhf above the number of thirty-five of the jury ; mu£e, or if any perfon or perfons be indicted of any other of the oifences herein before fet forth, for which the punifhment is declared to be death, if he or they fhall alfo ftand mute or will not anfwer to the indictment, or challenge peremptorily above the number of twenty per- fons of the jury ; the court in any of the how to , cafes aforefaid, fhall notwithstanding proceed proceeded to the trial of the perfon or perfons fo ftand- asamfti ing mute or challenging, as if he or they had pleaded not guilty, and render judgment there- on accordingly.

Sec. 37. And be it further enacled, That the No benefit benefit of clergy mail not be ufed or allowed, ofrcler^ in upon conviction or any crime, for which, by the pmuih- .any ftatute of the United States, the paniih- j^is ment is or fhall be declared to be death.

Sec. 32. And be it further enacted, That no perfon or perfons fhall be profeculed, tried or punifhed for treafon or other capital offence aforefaid, wilful murder or forcrerv excepted*

Vol, I. P ft J X '"

No profe- unlefs the indi£hnent for the fame fhall be found

cution or , . . .... r

punifhment by a grand jury withm three years next after for wcafon tj^e treafon or capital offence aforefaid fhall be pitai of- done or committed ; nor fhall any perfon be [ndTanient8 Pr°fecuted, tried or punilhed for any offence be found not capital, nor for any fine or forfeiture un- withm 3 der any penal ftatute, unlefs the indictment or

years, nor , J r _ , •> ni1

in bther information for the fame mail be found or m- wlthina ftituted within two years from the time of years; committing the offence, or incurring the fine or forfeiture aforefaid : Provided, That nothing offender**10 nerem contained fhall extend to any perfon flee. or perfons fleeing from juftice.

PuniOv Sec. 33* And be it further enaBed, That

menu of the manner of inflicting the punifhment of byhanging. death, fhall be by hanging the perfon convic- ted by ^he neck until dead.

FREDERICK AUGUSTUS MUHLENBERG,

Speaker of the Houfe of ' Reprefentatwes.

JOHN ADAMS, Vice-Prefident of the United

States, and Prefident of the Senate. Approved, April the 30th, 1790 :

GEORGE WASHINGTON,

Prefident of the United States.

CHAPTER X.

An Ac! for regulating the Military FJiablipment

of the United States.

(repealed. J

C »5 ]

CHAPTER XL

An Ac! to prefer ibe the Mode in which the pub- lic Acts, Records, and judicial Proceedings, in each State, fhall be authenticated fo as to take Effecl in every other State.

BE it enabled by the Senate and Houfe of Re- ) prefentatives of the United, States of Ame- rica in Congrefs affembled, That the ads of the Jg^J*8 legiflatures of the feveral ftates lhall be authen- cords and ticated by having the feal of their refpeclive proc"^- flates affixed thereto : That the records and >ngs of the judicial proceedings of the courts of any ftate, fteavt^a how fhall be proved or admitted in any other court to beau- within the United States, by the atteftation of [ed^and the clerk, and the feal of the court annexed, if there be a feal, together with a certificate of the judge, chief juflice, or prefiding magiftrate, as the cafe may be, that the faid atteftation is in due form. And the faid records and judi- the effe# cial proceedings authenticated as aforefaid, thereof- fhall have fuch faith and credit given to them in every court within the United States, as .they have by law or ufage in the courts of the ftate from whence the faid records are, or fhall be taken.

FREDERICK AUGUSTUS MUHLENBERG,

Speaker of the Houfe of Reprefentatives. JOHN ADAMS, Vice-Preftdent of the United

States, and Prefideni of the Senate. Approved, May twenty-fixth, 1790 :

GEORGE WASHINGTON,

Prefulent of the United States*

[ III ]

CHAPTER XII.

An Acl to provide for mitigating or remitting the Fcrfeitures and Penalties accruing under the Revenue Laws, in certain Cafes therein men- tioned*

Seftion i . TO E it enacled by the Senate and ^mfvffonn -O Hoife of Reprefentati-ves of the

ofpo:a:tie.;. United States of America in Congrcfs afembled, be 'a nli'd ^nat whenever any perfon who now is, or for; and hereafter fhall be liable to a fine, penalty or forfeiture, cr interefled in any veffel, goods, wares or merchandize, or other thing which may be fubjeft to feizure and forfeiture, by force of the laws of the United States now ex- iiling, or which may hereafter exift, for col- lecting duties of impcit and tonnage, and for regulating the coafling trade, fhall prefer his petition to the judge of the diftrict in which fuch fine, penalty or forfeiture may have ac- crued, truly and particularly fetting forth the circumflances of his cafe, and fhall pray that the fame may be mitigated or remitted ; the faid judge fhall enquire in a fummary man- ner into the circumfiances of the cafe, firft caufing reafonable notice to be given to the perfon or perfons, claiming fuch fine, penalty or forfeiture, and to the attorney of the Uni- ted States for fuch diftrift, that each may have an opportunity of mewing caufe againff. the mitigation or remiffion thereof; and fhall caufe the rafts which fhall appear upon fuch enqui- ry, to be flated and annexed to the petition, and direft their tranfnliffion to the Secretary by whom £ t^e Xreafury of the United States, who

granted; / . .

mail thereupon have power to mitigate cr re- mit fuch fine, penalty or forfeiture, or any part

[ »» ]

thereof, if in his opinion the fame was incur- red without wilful negligence or any intention of fraud, and to direct ttiQ profecution, if any fliall have been inftituted for the recovery thereof, to ceafe and be difcontinued, upon fuch terms or conditions as he may deem rea- fonable and juft. Provided, That nothing Not to af- herein contained mall be conftrued to affect fe<a ?lfes °r

, . , . . r r . previous m-

the rjgnt or claim or any penon, to that part formation. of any fine, penalty or forfeiture, incurred by breach of either of the laws aforefaid, which fuch perfon may be entitled to by vir- tue of the faid laws, in cafes where a profecu- tion has been commenced, or information has been given before the pairing of this acl ; the amount of which right and claim mall be affeffed and valued by the judge of the difcricl, in a fummary manner.

Sec. 2. And be it further enatled, That this Gontjnii-

o n 11 • i i • r -ii anceoltae

act mall continue and be in force until tne a<st. end of the next feflion of Congrefs, and no longer.

FREDERICK AUGUSTUS MUHLENBERG,

Speaker of the Honfe of Reprefentatives.

JOHN ADAMS, Vice-Prefident of the United- States, and Prefident of the Senate,

Approved, May twenty-fixth, 1790:

GEORGE WASHINGTON, Prefident of the United States,

C II3 0

CHAPTER XIII.

An Acl to continue in Force an Acl pajed at the I aft Sejfion of Congrefs, entitled r, " An Acl to regulate Proceffcs in the Courts of the Uni- ted Slates."

(expired. J

wr,'^TiWiJ&IL'i'WBF-mj™llnr"

CHAPTER XIV.

An Acl for the Government of the Territory of the United States, fouth of the River Ohio.

(expired.)

CHAPTER XV.

An Acl for the Encouragement of Learning, by fecuring the Copies of Maps, Charts and Bosks, to the Authors and Proprietors offuch Copies, during the Times therein mentioned."

Section i. TOE it enacled by the Senate and Authors of W% Pfovfe of Representatives of the

charts and United States of America in Congrefs affembled, books ; That from and after the paffing of this acl, the author and authors of any map, chsrt, book or books already printed within thefe United States, being a citizen or citizens thereof, or refident within the fame, his or their execu- tors, adminiftrators or affigns, who hath or have not transferred to any other perfon the

ft "9 1

copy-right of fuch map, chart, book or books," mare or mares thereof ; and any other per- fon or perfons, being a citizen or citizens of thefe United States, or refidents therein, his ancl piir. or their executors, adminiftrators or affigns, chafers who hath or have purchafed or legally acquired to°£!ve the ^the copy-right of any fuch map, chart, book fok right #f or books, in order to print, reprint, publiih or &c.' &£ t4 vend the fame, mail have the fole right and >ears; liberty of printing, reprinting, publifhing and vending fuch map, chart, book or books, for the term of fourteen years from the recording recording the title thereof in the clerk's office, as is ^ titiG* herein after directed : And that the author and authors of any map, chart, book or books already made and compofed, and not printed or publiihed, or that mall hereafter be made and compofed, being a citizen or ci- tizens of thefe United States, or refident therein, and his or their executors, admini- ftrators or affigns, mail have the fole right and liberty of printing, reprinting, publilhing and vending fuch map, chart, book or books, for the like term of fourteen years from the time ©f recording the title thereof in the clerk's office as aforefaid. And if, at the expiration of the faid term, the author or authors, or .A!fo- If ]lv*

r , . ,. . ., . . . . mg at, the

any or them, be living, and a citizen or citi- end of that zens of thefe United States, or refident there- j,6*"1''^ in, the fame exclufive right mail be continued further to him or them, his or their executors, admi- tenn °f *4 niflrators or affigns, for the further term of fourteen years : Provided, he or they mall caufe the title thereof to be a fecond time re- recording corded and publiihed in the fame manner as is herein after directed, and that within (ix months before the expiration of the firft term of fourteen years aforefaid.

the

C 120 3

other per* ^ec. 2* •^■n<^ ^e lt further enacled, That if ions print- any other perfon or perfons, from and after Avuhmit' tne recording the title of any map, chart, conient of book or books, and publifhing the fame as hwrtpte aforefaid, and within the times limited and proceeded granted by this act, fhall print, reprint, pub- puniihVd?4 ^m> or import, or caufe to be printed, reprint- ed, publimed, or imported from any foreign kingdom or ftate, any copy or copies of fuch map, chart, book @r books, without the con- lent of the author or proprietor thereof, firft had and obtained in writing, figned in the prefence of two or more credible witneffes ; or knowing the fame to be fo printed, reprinted, or imported, fhall publifh, fell, or expofe to fale, or caufe to be publimed, fold, or expofed to fale, any copy of fuch map, chart, book or books, without fuch confent firft had and obtained in writing as aforefaid, then fuch of- fender or offenders mail forfeit all and every copy and copies of fuch map, chart, book or -books* and all and every meet and meets, be- ing part of the fame, or either of them, to the author or proprietor of fuch map, chart, book or books, who mall forthwith deftroy the fame : And every fuch offender and offenders fhall alfo forfeit and pay the fum of fifty cents for every meet which mall be found in his or their poifefiion, either printed or printing, publim- ed, imported or expofed to fale, contrary to the true intent and meaning of this acl:, the one moiety thereof to the author or proprie- tor of fuch map, chart, book or books who mall fite for the fame, and the other moiety thereof, to and for the ufe of the United States, to be recovered by action of debt in any court of record in the United States, wherein the fame is cognizable. Provided always, That

I i*i J.

fucli action be gommencecf within one year after the cauie of action mail ariic, and not afterwards.

Sec. 3. And be it further cnacled^ That no perfon mall be entitled to the benefit of this ^"^'J,';^ act, in cafes where any map, chart, book or the bei eflt books, hath or have been already printed and ^aiibeof^ publimed, unlefs he mall flrft depofit, and in tailed, all other cafes, unlefs he mall before publica- tion depofit a printed copy of the title of fudi map, chart, book or books, in the clerk's erf- fl.ee of the diftricl court where the author or proprietor (hall refide : And the clerk of fuch court is hereby directed and required to re- cord the fame forthwith, in a book to be kept by him for that purpofe, in the words follow- ing, (giving a copy thereof to the faid author or proprietor, under the feal of the court, if he mall require the fame.) " DiftricT: of

to wit: Be it remembered ', That on the day of in the year of the

independence of die United States of America, A. B. of the faid diftricl:, hath dcpofited in this office the title of a map, chart, book or books, (as the cafe may be) the, right where- of he claims as author or proprietor, (as the cafe may be) in the words following, to wit : [here infert the title j in conformity to the act. of the Congrefs of the United States, intitu- led, " An Act. fox the encouragement of learn- ing, by fecuring the copies of maps, charts, and books, to the authors and proprietors of fuch copies, during the times therein mention- ed." C. D. clerk of the diftrict. of For which the faid clerk fhail be entitled to receive fixty cents from the faid author or proprietor, and fixty cents for every copy un- der feal actually given to inch author or pro Vol. I. O

[ 122 J

prietor as aforefaid. And fuch author or pro- prietor fli'all, within two months from the date thereof, caufe a copy of the faid record to be publifhed in one or more of the newfpapers printed in the United States, for the fpace of four weeks. <v,:thors to Sec. 4. A?7d be it further enacled, That the coo^of author or proprietor of any fuch map, chart, their work book or books, mall, within fix months after Vrelzry ti tne publifhing thereof, deliver, or caufe to be ftate. delivered to the Secretary of State a copy of

the fame, to be preferved in his office.

Noprohi- Sec* 5. And be it further enacled, That no- tation a- thing in this aft mall be conftrued to extend porting!'^- t0 prohibit the importation or vending, re- printing, printing or publifhing within the United reign writ- States, of any map, chart, book or books, ingsorpub- written, printed, or publifhed by any perfon not a citizen of the United States, in foreign _ parts or places without the jurifdiftion of the United States. -

Sec. 6. And be it further enalled, That Penalty for any perfon or perfons who fhall print or pub- PiUlnu-linS ^ any nianufcript, without the confent and ieripts approbation of the author or proprietor there- conlSit'cf °fi ^r^ na(* anc* obtained as aforefaid, (if fuch the authors, author or proprietor be a citizen of, or refi- dent in thefe United States) mail be liable to fuffer and pay to the faid author or pro- prietor all damages occafioned by fuch in- jury, to be recovered by a fpecial aftion on the cafe founded upon this aft, in any court having cognizance thereof.

iPuCc?for a- Sec' 7- And he lt ferther enacled. That if

ny thing any psrfon or perfons fhall be fued or pro-

SV?^ fecute^ f°r any matter, aft or thing done

iqav give under or by virtue of this aft, he or they

f I23 ]

may plead the general iffuc, and give the fj5,'- 'l^!^ fpecial matter in evidence. d^cs.

FREDERICK AUGUSTUS MUHLENBERG,

Speaker of the Houfe of Rcprcfientatives.

JOHN ADAMS, Vice-Prcfident of the United States, and Prefident of the Senate.

Approved, May the thirty-fir ft, 1790 : GEORGE WASHINGTON,

Prefident of the United States r

CHAPTER XVI.

in Ad for finally adjufting and fatis fifing the Claims of Frederick William De Steuben.

fPRIFATE.)

CHAPTER XVII.

An Acl for giving Effecl to an Acl, intituled, " An Acl to efiablifh the "Judicial Courts of the United States," within the State of North- Carolina.

Seclion 1 . "Oi E it enaclcd by the Senate and

JOl Houfe of Reprefientatives of the Judidai a& United States of America, in Congrefis affanbled, \,^ as to That the aft, intituled, " An Acl to~e{tablim n. Caro- the judicial courts of the United States," mall have the like force and effect within the ftate of North- Carolina, as elfewhere within the United States.

Sec. 1. And be it further enabled, That the faid ftate mall be one diftrict., to- be called &$£&. North-Carolina diflrift ; and there mail be a court, its .dutnct court .therein, to confilt or one ju ige

[ m l

who mall refide in the diflrict, and "be called a diftrict judge, and fhall hold annually four feffions ; the firit to commence on the firft Monday in July next, and the other three fei- fions progreffively on the like Monday of eve- ry third calendar month afterwards. The fta- Mhcrdicid. ted diflrict courl fhall be held at the town of Newbern.

Sec. 3. And be It further enacled, That the Av.wxcdto fa;^ dncrict mall be, and the fame is hereby circuit. annexed to the iouthern circuit : And there {hall be held annually in the faid diftrict two £,r"f circuit courts ; the firft feffion of the circuit heir icf- court mall commence on the eighteenth day of 0 and June n *xt. the fecond feffion on the eighth day of November iiext, and the fubfequent fef- jfions on the like days of every June and No- vember afterwards, except when any of the days mall happen on a Sunday, and then the feffiorj. fhall commence on the next day fol- ■wfeerehcid. lowing. And the feffions of the faid circuit courts fhall be held at Newbern.

Sec. 4. And be it further chacled, That there fhall be allowed to the judge of the faid dif- trict, the yearly compensation of fifteen hun- dred dollars, to commence from his appoint- ment, and to be paid at the treafury of the United States in quarterly payments.

FREDERICK AUGUSTUS MUHLENBERG,

Speaker of the Houfe of Reprefentatives.

JOHN ADAMS, Vice-Prefident of the United States ', and Prefident of the Senate.

Approved, June the fourth, 1790:

GEORGE, WASHINGTON,

Prefident of the United States*

:.c. >c.

[ i25 1 CHAPTER XVIII.

An Adi fupple mental to the Ad for "ejihBUfhittg the Salaries of the Executive Officers of Go- vernment, with their Ajji/lants and Clerks.

E it enacled by the Senate and Houfe ofRe- prefentaiives of the United States of Ame- rica in Cangrefs afembled, That the more ef- Secretary fe&iially to do and perform the duties in the appofnraS Department of State, the Secretary of the faid additional department be, and is hereby authorized to 1,rrirric' J^. • appoint an additional clerk in his office, \Vho 17. fhall be allowed an equal falary, to be paid in the fame manner as is allowed by law to the chief clerk.

FREDERICK AUGUSTUS MUHLENBERG, Speaker of the Hoirfe of Reprefeniaiives ,

JOHN ADAMS, Vice-Prefident of the United

States, and Prejident of the Senate. Approved, June the fourth, 1790 ;

GEORGE WASHINGTON, Prejident of the United States.

CHAPTER XIX. t

An Ac! for giving Effetlto the fever al Ads, there- in mentioned, in refped to the State of Rhode- JJland and Providence Plantations.

(repealed. )

[ 126 ]

CHAPTER XX.

An Acl for the Relief of Thomas Jenkins and Company.

(private.)

gffSMfflcasssia

CHAPTER. XXI.

An Ac! for giving Effecl to an Ad, intituled, " An Acl to ejlablifh the Judicial Courts of the United States," within the State of Rhode- JJland and Providence Plantations.

Seclion i."|3 E it enacled by the Senate and

JL3. Houfe of Reprefentatives of the

judicial acl United States of A?nerica inCongrefs ajfembled,

declared in That th aft intituled, " An aft to eftablifh

iorce as to , .,, . ' 7 .

r, uiand. the judicial courts of the United States, mail have the like force and effect within the ftate of Rhode-Ifland and Providence Plantations, as elfewhere within the United States.

Sec. 2. And be it further enacled, That the faid ftate mall be one diftricTt, to be called

feffiun?, sc Rhode-Ifland diftricl; : and there mall be a diftricl; court therein, to confift of one judge, who mail refide in the diftricl, and be called a diftricl; judge, and mall hold annually four fefnotis ; the firft to commence on the firft Monday in Auguft next, and the other three feffions progreffively on the like Monday of every third calendar month afterwards. The dated diftricl; court fhall be held alternately

#Weiisi& at ^e towns of Newport and Providence, be- ginning at the firft.

Annexed to Sec. 3. And be it further enacled, That the **fter«:qr- faid diftricl: mall be, and the fame is hereby annexed to the eaftern circuit : And there

BiftriA

court, its

©nit.

[ "7 1

fhall be held annually in the laid diftricl two cir(* 'if, .

I'Jnrtv r a • • courts.thcil

circuit courts ; the nrit ieiiion or the circuit lotions, & court fhall commence on the fourth day of De- cember next, the fecond feffion on the fourth day of June next, and the fubfequent feffions on the like days of every December and Tune afterwards, except when any of the days fhall happen on a Sunday, and then the feffion fhall commence on the day following. And the feffions of the faid circuit courts fhall be held alternately at the faid towns of Newport and Providence, beginning at the laft.

SeCo 4. And be it further enacled, That there mail be allowed to the judge of the faid dif- Salary Qf the yearly compenfation of eight hun- theiud2e* dred dollars, to commence from his appoint- ment, and to be paid at the treafury of the United States, in quarterly payments.

FREDERICK AUGUSTUS MUHLENBERG,

Speaker of the Houfe of Representatives.

JOHN ADAMS, Vice-Prefident of the United

States, and Prefdent of the Senate. Approved, June the twenty-third, 1790:

GEORGE WASHINGTON,

Prefident of the United States,

Prefidcnt authorized

C "8 ]

CHAPTER XXII.

An Aft providing the Means of Inter •courfe be- tween the United States and foreign Nations.

Seclion i. "W% E // enacled by the Senate and JLJ Honfe of Reprefentaiives of the United States of America, in Congrefs affemblcd, That the Prehdent of the United States fhall be, to draw and he hereby is authorized to draw from the 40,00c dois treafury of the United States, a fufti not ex- ceeding forty thoufand dollars annually, to be paid out of the monies arifing from the du- ties on imports and tonnage, for the fupport of fuch perfons as he mail commiffion to ferve the United States in foreign parts, and for the expence incident to the bufinefs in which they may be employed. Provided, That ex- clusive of an outfit, which mall in no cafe lor outfit, exceed the amount of one year's full faiary to the minifler plenipotentiary or charge des affaires to whom the fame may be allowed, the Prefident mall not allow to any minifler plenipotentiary a greater fum than at the rate tofmirMers °f nme thoufand dollars per annum, as plenipotea- a compenfation for all his perfonal fervices

tiarv, and j . i , ?• r ' £

-' and otaer expences ; nor a greater mm ror

the fame, than four thoufand five hundred dollars per annum to a charge des affaires ; djwg* des greater fum for the fame, than one thou-

fand tnree hundred and fifty dollars per an- Biiairrer's num to the fecretary of any minifler plenipo- fccrctary -, t^aiy. And provided alfo, That the Prefi- dent mall account fpecifically for all fuch ex- {;~ penditures of the faid money as in his judg- ment may be made public, and alfo for the amount of fuch expenditures as he may think it advifeable not to fpecify, and caufe a regu- lar ftatement and account thereof to be laid

zv.it to ac eeuii

C I29 3

before Congrefs annually, and alfo lodged m the proper office of the treafury department.

Sec. 2. And be it further enafted, That coarin^ this act mall continue and be in force for the stus aa» fpace of two years, and from thence until the end of the next feffion of Congrefs thereafter > and no longer*

FREDERICK AUGUSTUS MUHLENBERG,

Speaker of the Houfe of Reprefentatives.

JOHN ADAMS, Vice-Prefident of the United States and Prefident of the Senate.

Approved, July the firft, 1790 :

GEORGE WASHINGTON,

Prefident of the United States*

SSaSSESKSROTM

CHAPTER XXIII.

An Ac! to fatisfy the Claims of John McCord againfl the United States*

(private.)

CHAPTER XXIV.

An Ad for the Relief of "Nathaniel Twining.

(private.)

C fl APT E.R XXV.

An Aft for giving Effeft to an Aft, intituled, " An Aft providing for the Enumeration of the Inhabitants of the United States " in ref- peft to the State of Rhode-I/land and Provi« dence Plantations. -■

Section 1. 1D>E it enaftedby the Senate and %f% Hoife of Reprefeniatinjes of the United States of America in Congrefs affejnbled, I That the aft paifed the prefent feffion of Con- j grefs, intituled, " An Act providing for the ' Voi. I. R

A<a for e- enumeration of the inhabitants of the United

numeration n .. T7

declared in states, mail be deemed to have the like force Rr<jflandt0 and operation within the ftate of Rhode- Ill and and Providence Plantations, as elfe where ' within the United States ; and all the regula- tions, provifions, directions, authorities, penal- ties, and other matters whatfoever, contained or exprefied in the faid act, and which are not locally inapplicable, mall have the like force and effecl within the faid ftate, as if the fame were repeated and re-enacted in and by this prefent ad.

Sec. 2. And be it further enabled, That the Salary of marmal of the diftricl: of Rhode-Iiland fhali receive, infullconpenfation for the performance of all the duties and fervices confided to, and enjoined upon him by this acl, one hundred dollars.

FREDERICK AUGUSTUS MUHLENBERG,

Speaker of the Houfe of Reprefentathes* JOHN ADAMS, Vice-Prefident of the United States, and Prejident of the Senate. Approved, July the fifth, 1790 :

GEORGE WASHINGTON, Prefident of the United States.

the mar- shal.

C 13 iu

CHAPTER XXVI.

An Acl to authorize the Pur chafe of a Trad: of hand for the Ufe of the United States,

E it enacled by the Senate and Houfe ofRe- prefeniatives of the United States of Ame- rica in Congrefs affembled, That it mall be law- ful for the Prefident of the United States, and authored lie is hereby authorized to caufe to be pur- topurchafc chafed for the ufe of the United States, the forn^pofe whole or fuch part of that tract of land fitu ate offertificar in the flate of New- York, commonly called Weft-Point, as mail be by him judged requifite for the purpofe of fuch fortifications and gar- rifons as may be necelfary for the defence of the fame.

FREDERICK AUGUSTUS MUHLENBERG,

Speaker of the Houfe of Representatives.

JOHN ADAMS, Vice-Prefident of the United

States, and Prefident of the Senate. Approved, July the fifth, 1790 :

GEORGE WASHINGTON,

Prefident of the United States.

,. ... m. w iTif.rrinfffrir'i'f-- u - ° ■— ■ — ■

CHAPTER XXVII.

An Act further to provide for the Payment of the

Invaild Penfi oners of the United States.

(mxfired.J

I '32 ] C H APTE R XXVIII.

An Ad for eftabUjhing the temporary and per- manent Seat of the Govermnent of the United States.

Section i."¥3E it enacled by the Senate and O Houfc of Reprefentalives of the

United States of America in Congrefs affembled, BiflHA en That a diftrict of territory, not exceeding ten mac ac- miles fquare, to be located as hereafter di- ctated for reded on the River Potomack, at fome place fXToTgo- between the mouths of the Eaftern-Branch vernment, anci Connogochegue, be, and the fame is.

hereby accepted for the permanent feat of

the government of the United States : Pro- ftatc laws, vided neverthelefs, That the operation of the

Safe ther- ^mS °^ ^ ^G Wlt^n ^UCn &&ri& ma^ not

in. be affected by this acceptance, until the time

fixed for the removal of the government there- to, and until Congrefs mall otherwife by law provide.

Sec. 2. And be it further enacled, That the Prefident prefident cf the United States be authorized

to appoint . . .

commif- to appoint, and by lupplymg vacancies nap- iimiers for penjn^ fr0m refufals'to act or other caufes, to

locating the f ■ © . >

igme; keep in appointment as long as may be necel- fary, three commuTioners, who, or any two of whom, (hall, tinder the "direction of the Pre- fident, furvey, and by proper metes and bounds define and limit a diffcrict of territory, under the limitations above mentioned ; and the dif- trici fo defined, limited and located, mail be deemed the diftrici; accepted by this act, for the permanent feat of the government of the United States.

Sec. 3. And be it enacled, That the faid com- miffioners, or any two of them, mall have

"£»•

expence

C l33 ]

power to purchafe or accept fuch quantity wha m*y of land on the eaftern fide of the faid river, jJJ[Sj?or within the faid diftrict., as the Prefident fhall grants of deem proper for the ufe of the United "States, JjjJjJ? and according to fuch plans as the Prefident Dec. 1 8c© mail approve, the faid commimoners, or any J^JJ^, two of them, fhall, prior to the firft Monday in December, in the year one thoufand eight hundred, provide fuitable buildings for the accommodation of Congrefs, and of the Prefi- dent, and for the public offices of the govern- ment of the United States.

Sec. 4. And be it enabled, That for defray^ ing the expence of fuch purchafes and build- thereof, ings, the Prefident of the United States be au- defrayed.2 thorized and requefted to accept grants of money.

Sec. 5. And be it enacled, That prior to pHo% t0 ift the firft Monday in December next, all offices Menday in attached to the feat of the government of the ^ Je*>m United States, fliall be removed to, and until vemment the faid firft Monday in December, in the l?ehdYo7hi. year one thoufand eight hundred, fliall remain iadeiphia, at the city of Philadelphia, in the flate of Penn- ^Vnttf fylvania, at which place the feffion of Con- the year grefs next enfuing the prefent fhall be held.

Sec. 6. And be it enacled, That on the faid firft Monday in December, in the year {,°rDe1C8™'" one thoufand eight hundred, the feat of the feat of g»! government of the United States, fhall, by ££So- virtue of this act., be transferred to the diftricl: ved to dif- and place aforefaid. And all offices attached X^JXY to the faid feat of government, fhall accord- this aft. ingly be removed thereto by their refpective holders, and fhall, after the faid day, ceafe to. be exercifed elfewhere ; and that the ne- ceflary expence of fuch removal fhall be de-

E *34 ]

frayed cut of the duties on impofls and ton- nage, of which a fufficient funi is hereby ap- propriated.

FREDERICK AUGUSTUS MUHLENBERG, Speaker of the Hoiife of Reprefentatives.

JOHN ADAMS, Vice-Prejident of the United States, and Prefideni of the Senate.

Approved, July the fixteenth, 1 793 :

GEORGE WASHINGTON,

Prefident of the United States.

CHAPTER XXIX.

An Atl for the Government and Regulation of

Seamen in the Merchants Service.

Section i.TJE // ena.-H.ed by the Senate and MrA?r end jLL3 Houfe of Reprefentatives of the

TkT-nsr-5 m ^ited States of America in GonWefs affenibled^ thaats fcr- That from and after the firfl day of December tficeioexcr nsxt eVery mailer or commander of any fhio

«u'/e a Bap- n* r • r • ' 1

p-iag- agree- or veuel bound from a port in the United States to any foreign port, or of any fhip or veifel of the burthen of fifty tons or upwards, bound from a port in one ftate, to a port in any other than an adjoining ftate, mail, before he proceed on fuch voyage, make an agreement an writing or in print, with every feaman or mariner on board fuch fhip or veifel (except fuch as fliall be apprentice or fervanrto him- felf or owners) declaring the voyage or voy- ages, term or terms of time, for which fuch feaman or' mariner fliall be fhipped. And if

.IB«1S;

t J35 I

any mailer or commander of fuch fhlp or ^a?eJffi* veilel mail carry out any feamen or manner fobje<» to (except apprentices or fervants as aforefaid) rtua;ty* without fuch contract or agreement being iirfi made and figned by the feamen and mariners, fuch mailer or commander fhall pay to every fuch feaman or mariner the higheft price or wages which mall have been given at the port or place where fuch feaman or mariner mall have been {hipped, for a fnnilar voyage, within, three months next before the time of fuch fliipping : Provided fuch feaman or mariner mall perform fuch voyage : or if not, them for fuch time as he mall continue to do duty on board fuch mip or veffel ; and mall moreover forfeit twenty dollars for every fuch feaman or mariner, one half to the ufe of the perfon pro- fecuting for the fame, the other half to the ufe of the United States : and fuch feaman or mariner, not having figned fuch Contract, (hall not be bound by the regulations, nor fubjecr. to the penalties and forfeitures contained in this act.

Sec. 2. And be it evaded. That at the foot Manner of every, fuch contract, there mall be a me- p^rSTtte morandum in writing, of the day and the agreement, hour on which fuch feaman or mariner, who tyfulpSted mall fo fhip and fubferibe, fhall render them- *°- , felves on board, to begin the voyage agreed upon. And if any fuch feaman or mariner mall neglect, to render himfelf on board the mip or veffel, for which he has fhipped, at the time mentioned in fuch memorandum, and if the mailer, commander, or other officer of tbs mip or veffel, mall on the day on which fuch neglecl happened, make an entry in the log- book of fuch mip or veffel, of the name of fuch feaman or mariner, and fhall in like man*

t 13s 3

Her mote the time that he fo neglected to render himfelf (after the time appointed) ; every fuch feaman or mariner mall forfeit for every hour which 'he mail fo neglect to render himfelf, one day's pay, according to the rate of wages agreed upon, to be deducted out of his wages. And if any fuch feaman or mariner mall wholly neglect, to render himfelf on board of fuch fhip or veffel, or having rendered him- felf on board, fhall afterwards defert and efcape, fo that the fhip or veffel proceed to fea without him, every fuch feaman or mariner mail forfeit and pay to the mailer, owner or consignee of the faid fhip or veffel, a fum equal to that which fhall have been paid to him by advance at the time of figning the contract, over and befides the fum fo advanced, both which fums fhall be recoverable in any court, or before any juflice or juflices of any flate, city, town or county within the United States, which, by the laws thereof, have cognizance of debts of equal value, againft fuch feaman ot mariner, or his furety or fureties, in cafe he fhall have given furety to proceed the voyage.

Veffel lea- Sec. "3. Ana be it enabled, That if the mate to °erform or ^r^- °^cer under the matter, and a majori- het voyage, ty of the crew of any fhip or veffel, bound on a what pro- Voyageto any foreignport,fhall,afterthevoyage fnaiibehad is begun (and before the fhip or veffel fhall have for afcer- j^ tjle ]aIKn difcover that the faid fhip or

tcUinn,T the ' «

fame.0 veffel is too leaky, or is otherwife unfit in her "' crew, body, tackle, apparel, furniture, provi- fions or ftores, to proceed on the intended voyage, and mail require fuch unfitnejs to be enquired into, the mailer or commander mall upon the requeil of the faid mate (or other of- ficer) and fuch majority, forthwith proceed to or flop at the neareft or mofl convenient

e '37 ]

port or place where fuch enquiry can be made., and mail there apply to the judge of the dif- trift court, if he ihall there refide, or if not, to feme iuiiice of the peace of the city, town or place, taking with him two or more of the faid crew who mall have made fuch rcquefr. ; and thereupon fuch judge or juliice is hereby authorized and required to ilTue his precept directed to three perrons in the neighborhood, the moil ikiliul in maritime affairs that can be procured, requiring rhem to repair. on board inch ihip or v.eitel, and to examine the fame in refpect to the defers and inftifHciencies complained of, and to make report to him the faid judge or juftice, in. writing under their hands, or the hands of two of them, whether in any, or in what refpecT the faid ihip or veffel is unfit to proceed on the inten- ded voyage, and what addition of men, provi- sions or (tores, or what repairs or alterations in the body, tackle or apparel will be necef- fary ; and upon fuch report the faid judge or juftice mall adjudge and determine, and mail endorfe on the faid report his judgment, whe- ther the faid fhip or veffel is fit to proceed! on the intended voyage ; and if. not, whether fuch repairs can be made or deficiencies fup- plied where the fhip or veffel then -lays, or whether it be neceifary for the faid fhip or veflei to return to the port from whence me firft failed, to be there refitted ; and the in-af- ter and crew mail in all things conform to the faid judgment ; and the mailer or commander „, „

- . - Mailer 'See.

ihaii, in the Inft initance, pay all the cofls of topayc'qftsj inch view, report and judgment, to be taxed and allowed on a fair copy thereof, certified by the faid judge or juftice. But if the complaint ©r the faid crew ihall appear upon the faid re-*? Vol. I. £

L' '38 ]

port and judgment, to have been vvithout foun- dation, iften the faid matter, or the own' ; conilrnce of fucli fhip or vefTel, (hall deduce the amount thereof, and of reasonable da- mages for the detention (to be ascertained by the faid judge or juftice) out of the wages growing due to the complaining feamen or mariners. And if after fucli judgment, fuch fhip or veffel is fit to proceed on her intended voyage, or after procuring fuch men, provi- sions, (tores, repairs or alterations as., may be clirecled, the faid feameil or mariners, or either of thera, mall refufe to proceed on the voyage, it (hall and may be lawful for any juftice of the peace to commit by warrant under his hand and feal, every fuch feaman or mariner (who. mall fo refufe) to the common gaol of the county, there to remain without bail or mainprize, until he mail have paid double the lUfri advanced to him at the time of fubferib- itig the contract for the voyage,_together with fuch reafonable cofts as mall be allowed by the faid juftice, and inferted in the faid war- rant, and the furety or fureties of fu,ch feaman or rtariner (in cafe he or they fhall have given any) mall remain liable for fuch payment ; nor fhall any fuch feaman or mariner be dif- charged upon any writ of habeas corpus or otherwife, until fuch fum be paid by him or them, or his or their furety or fureties, for want of any form of commitment, or other previous proceedings. Provided, That fuffici- ent matter fhall be made to appear, upon the return of fuch habeas corpus, and an exami- nation then to be had, to detain, him for the caufes herein before afhgned.

Sec. 4. A?id. be it enabled. That if any perfon fhall harbor or fecrete any feaman or

C J39 ]

auriner belonging to any fhipor vefTel, know- pmty'tor ing them to belong thereto, every fuch per- •• '; "riro ion, on conviction thereof before any court jJJJJSJ?' In the city, town or county where he, fhe or they may rende, {hall forfeit and pay ten dol- lars for every day which he, fhe or they mall continue fo to harbor or fecrete fuch feaman or mariner, one half to the ufe of the peribn profecuting for the fame, the other half to the ufe of the United States ; and no fum exceed- ing one dollar, fhall be recoverable from ay feaman or mariner by any one peribn, for any debt contracted daring the time fuch feaman or mariner mail actually belong to an^ (hip or vefTel, until the voyage for which fuch feaman, or mariner engaged {hall be ended.

Sec. 5. And be it enafled, That if any fea- Marine* man or mariner, who (hail have fubfcribed abfendqg fuch contract as is herein before defcribed, "fl!^ej„f'' fhall abfent himfelf from on board the fiiip or penalty pi,, verTel in which he (hall fo have ihipped, with- gtrS° out leave of the mailer or officer commanding; edWipft. on board ; and the mate, or other officer hav- ing charge of the log-book, fliall make an en- try therein of the name of fuch feaman or mariner, on the day on which he fhall fo abfent himfelf, and if fuch feaman or mariner fhall return to his duty within forty-eight hours, fuch feaman or mariner fliall forfeit three days pay for every day which he fhall fo abfervt him- felf, to be deducted out of his wages: but if airy feaman or mariner fhall abfent himfelf for more than forty-eight hours at one time, he fhall forfeit all the wages due to him, and all his goods and chattels which were on board the faid {hip or veffel, or in any ftore where they may have been lodged at the time of his defgrtion^ to the ufe of the owners of the fhip

r i4p i

cr vfeflel, and moreover flial] be liable to pay to him or them all (ferriages which he or they

may m (lain by being obliged to hire othet ieamen or mariners in his or their place, and filth damages (hail be recovered with cob:,\ in any court or before any iuflice or ju'tlices having jurisdiction of the recovery of debts to the value often dollars or upwards.

When and Sec, 6. And be it qnacied, That every fea- *t what port man or maririer f]-ja]} ]^q entitled to demand

entitled to . •

.demand his and receive irom me palter or commander wages i 0£ j-Jjg (i^p or ve(r£} to which they belong,

one third part £>f the wages which (hall be cue to him at every port where inch fhip or veiled mail unlade and deliver her cargo before the voyage be ended, unlefs the contrary be ex- prefsly ftipulated in the contract : and as foon as the voyage is ended, and the cargo cr bal- lad be fully difcharged at the laft port of de- livery, every fcaman or mariner mall be entitled to the wages which mall be then due according to his contracl : .and if fuch. wages' toverthem fhail not be paid within ten days after fuch af withheld, difcharge, or if any difpute mail arife between the mailer and feamen or mariners touching

o

the faid wages, it mall be lawful ior the judge of the diflrict where the faid fhip 01 vend mail be, or in cafe his refidence be more "han three miles from the place, or of his abfe ice from the place of his refidence, then, for any judge or juilice of the peace, to fummon the mailer of fuch Ihip or veffel to appear before him, to mew caufe why procefs mould not iffue againil fuch fhip or veffel, her tackle9 furniture and apparel b according to the ccurfe of admiralty-courts, to anfvver for the faid •wages : and if the mailer mail neglect to ap- pear, or appearing, fhall not (hew that the

[ *4« 3

^flfciges are paid, or otherwife fatisfied or for- feitseft, a'nd if the matter in diinute fliali not Be forthwith fettled, in Rich cafe the judge or juftice (hall certify to the clerk of the court of the diltricl, that there is fufficient caufe of c6mplamt whereon to found admiralty-pro- cefft, and thereupon the clerk of fuch court fhali iiTue prccefs againil the faid fhip or vef- fel, and the fiiit fhall be proceeded on in the faid court, and final judgment be given accord- ing to the courfe of admiralty- courts in fuch cafes ul'ed ; and m fuch fuit all the feamen of mariners (having caufe of complaint of the like kind againft the fame fhip or veifel) fhall be joined as complainants ; and it (hall be in- cumbent on the mailer or commander to pro- duce die contract, and log-book, if required, to afcertain any matters in difpute ; ctherwife the complainants mail be permitted to flate the contents thereof, and the proof of the contrary mail lie on the mailer or commander ; but nothing herein contained mail prevent any feaman oj mariner from having or main- taining any action at common law for the re- covery of his wages, or from immediate pro- cefs out cf any court having admiralty jurif- diclion, wherever any fhip or veifel may be found, in cafe flie mall have left the poit of delivery where her voyage ended, before pay- ment of the wages, or in cafe me mall be about to proceed to fea before the end of the ten clays next after the delivery of her cargo or ballad.

Sec. 7. And be it endued, That if any fea* man or mariner, who mail have figned a con- tracl to perform a voyage, (hall at any pert or place, defert, or mall abfent himfelf from inch fhip or veffel, without leave of the maf-

Manner ter ? or officer commanding in the abfeiice of ?my pore «• the matter, it ihall be lawful for any jultice of place, bow peace v;ithin the United States (upon the com-

T^ be pro- •* ^ A

cecded .i- plaint of the mailer) to illue his warrant to gainft and apprehend Such deferter, and brine; him before fuch jultice ; and if it fha!l then appear by clue proof that he has Signed a contract within the intent and meaning of this act, and that the voyage agreed for is not finifhed, altered, or the contract otherwife diSSolved, and that fuch feaman cr • mariner has deferted the (hip or veifel, or abfented himfelf without leave, the find juflice ihall commit him to the houfe of correction cr common gaol of the city, town or place, there to remain until the faid ihip or vefTei mail be ready to proceed on her voyage, or till the mailer mall require his dis- charge, and then to be delivered to the faid mafter, he paying all the cofl of fuch commit- in ent, and deducting the fame out of the wages due to fuch feaman or mariner.

Every fhip $ec. 8. And be it -cnafied, That every Ihip cr or veiiei veffel belonging to a citizen or citizens of the ;,toiic United States, of the burthen of one hundred

'c-ji'ii

fm-niiiicd ail j fxfty tons or upwards, navigated by ten

with a me- J r '• i 1 1 -51 1

dfcine or more pe-rions m the whole, and bound on eheft; a VOy2ge without the limits of the United States, mall be provided with a cheft of me- dicines, put up by fome apothecary of known reputation, and" accompanied by directions for admmiflering the fame ; and the faid medi- cines Ihall be examined by the fame or fome other apothecary, once at leaf! in every year, ' and Supplied with freih medicines in the place of fuch as mail have been ufed or Spoiled ; *>enrj!y 0K and in default of having Such medicine-cheft l- .the Rafter f0 provided, and kept fit for life, the mailer or commander of fuch fhip cr veffel (hall pro„-

Jor default-

[ M-3 1

viae ana pay for all fuch novice, medicine, or. attendance of phynciatis, as any of the crew mall Hand in need of in cafe: of fickncfs at every port or place where the {hip or veffel may touch or trade at during the voyage7 without any deduction from the wages oi fach lick feaman or mariner.

Sec. 9. And be it enaeled, That every fhip ships or veffel, belonging as aforefaid, bound en a ^ff^lU voyage acrofs the Atlantic ocean, fhall, at Atlantic, the time of leaving the iafl port from whence ™lvH*f "^ flie fails, have on board, well fecured under villous -and deck, at lead fixty gallons of water, one hun- ^iSd'id-; dred pounds of falted flem meat, and one hundred pounds of wholefome fhip-bread, for every peribn en board fuch {hip or veffel, over and befides fuch other provifions, flores and live-flock as fhall by the mafter or paffeiigers be put on board, and in like proportion for fhorter or longer voyages ; and in cafe the crew of any fhip or veffel, which fnali not have penalty &» bee^i fo provided, mall be put upon fliort al- f"ilajv- lowance in water, ilefh or bread, during the voyage, the mafter or owner of fuch fhip or veffel fhall pay to each of the crew, one day's wages beyond the wages agreed on for every day they fhall be fo put to fhort allowance, to be recovered in the fame manner as their fli- pulated wages.

FREDERICK AUGUSTUS MUHLENBERG,

Speaker of the Houfe of Reprefentativcs. JOHN ADAMS, Vice-Prefident of the United States , end Preficicni of the Senate*

Approved, J»ly the twentieth, 1790 :

GEORGE WASHINGTON, Prcfrdent of the United Sfcrfsr,

[ 1 44 ] C II A P T E R XXX.

An. Afl impofing Dulles on the Tonnage of Ships or Vejfels.

Section i. "O E /'/ enacted by the Senate and

1 1. 3 Houfe of Rcprefeni alive s cf the

United States of America in Congrefs a/fembfed,

That upon all fhips or veffcls which after the

firft day of September next, {hall be entered in

the United States from any foreign port or

place, there mall be paid the feveral and ref-

pective duties following, that is to fay : On

on^fjfor m*P§ or ve^*els of the United States, at the

vciTch of rate of fix cents per ten ; on mips or velfels

' built within the United States after the twen-

on uiofe of tieth day of July laft, but belonging wholly or

foreigners ; jn pai^ to fubjecls of foreign powers, at the

onan others rate °f thirty cents per ton : on other mips or

velfels at the rate of fifty cents per ton.

Sec. 2. And be it further enacted, 'That the On ii.in^or aforefaid duty of fix cents per ton, mall be y :.u!s of alfo paid upon every ihip or veffel of the tra<mte"be- United States which after the faid firft day of nveen d?f- September next, mall be entered in a difcricl in one flate from a difcicl in another flate, other than an adjoining flate on the lea coaft or on a navigable river, having on board goods, wares, and merchandize taken in one flate to be delivered in another flate : Provided, That it mall not be paid on any fliip or veffel hav- ing a iicehfe to trade between the different diftricls of the United States, or to carry on the bank or whale fifheries whilfl employed therein, more than once a year.

Sec. 3. And be It further erf acted, That up- on every fhip or veffel not of the United States, which after the faid finl day of Sep-

tri,°c and iliflriii;

t '45 1

tenlbet next, fhall be entered in one diftricl on/hipst* from another diflrid, having on board goods, 0f upstates, wares and merchandize taken in, in one dif- trading be- itricl: to be delivered in another diftrict, there trla&dif- ! fhall be paid at the rate of fifty cents per tria* ton.

And whereas it is declared by the twenty- third feclion of the act, intituled, "An aft S,™f I for regiflering and clearing VeiTels, regula- nage here- 1 ting the coafting trade, and for other purpofes," a&Jd on*" '" That if any veiTel of the burthen of twenty certain vet

•■ A ;. t'.' Jo Vfelsofthe

tons or upwards, not having a certificate or u. states, regiitry ©r inrollment, and a licenfe, mail be employed found trading between different diftricTs, or rrade^nd3 be employed in the bank or whale fifiieries, Series, every fiich fhip Or velTel mall be fubjecl: to the fame tonnage and fees as foreign mips Or VeiTels," which, from the impracticability in fome Cafes of obtaining licenfes in due feafon, and from mifapprebeniion in others, has ope- rated to the prejudice of individuals ; and it being proper that relief mould be granted in cafes where the drift operation of new law9 may have occafioned hardfliip and inconve- nience :

Sec. a. Be it therefore further ena&ed, That refh'tution in all cafes in which the faid foreign duty to i>e mad« fhall have been heretofore paid on mips or n00rt' ^_ veiTels of the United States, whether regifter- mandabie ed at the time df payment or afterwards* m refLitution thereof mall be made, and that no fuch foreign duty fhall hereafter be deman- ded on the faid ihips or veiTels.

Sec. 5. And be it further enacled, That the gepeaI 0f act, intituled, u An acl; impofmg duties on ton- former a$, nage," fhalk after the faid firft day of Septem- ber next be repealed, and mall thenceforth .

Vol. I. T

r m 1

ceafe to operate, except as to the collection of the duties which fhall have accrued prior to the faid repeal, for which purpofe the faid aft fhall continue in force.

FREDERICK AUGUSTUS MUHLENBERG,

Speaker of the Honfe of Reprefentatives.

JOHN ADAMS, Vice-Prefident of the United States , and Prefidcnt of the Senate*

Approved, July the twentieth, 1790:

GEORGE WASHINGTON, Prefident of the United States,

■11 1 hi imi i'i' I'l "IP m urn"

CHAPTER XXXI.

An Acl providing for holding a Treaty or Trea- ties to eflablijh Peace with certain Indian Tribes.

(expired. j

CHAPTER XXXII.

An Acl to amend the Acl for the FflaUijhment and Support of Light- Houfes, Beacons, Buoys, and public Piers.

(expired.)

Recital.

[ H7 ]

CHAPTER XXXIII.

An Acl to regulate Trade and Intercourfc with

the Indian Tribes.

(repealed.)

CHAPTER XXXIV.

An Aft making Provifiom for the Debt of the

United States.

'HERE AS juftice and the fupport of public credit require, that provihon mould be made for fulfilling the engagements of the United States, in refpecl: of their fo- reign debt, and for funding their domeftic debt upon equitable and fatisfa&ory terms :

Section 1. B E it enacted by the Senate and Houfe of R.eprefentatives of the United States of D . America in Congrefs affembled, That referving imports & out of the monies which have arifen fince the tonnageaP- laft day of December laft paft, and which mall to pay inte- hereafter arife from the duties on goods, wares ~eft .on the

,. . 1 • i • foreign

and merchandize imported into the United debt & fu- States, and on the tonnage of mips or velfels, referring' the yearly fum of fix hundred thoufand dol- Axty thou- lars, or fo much thereof as may be appropri- ^vday ated from time to time, towards the fupport for fupport of the government of the United States, and ^J£ven?" their common defence, the refidue of the faid monies, or fo much thereof, as may be necef- ■ fary, as the fame mall be received in each year, next after the fum referved as aforefaid, fhall be, and is hereby appropriated to the payment of the intereft which mail from time to time become due on the loaus heretofore made by

[ -48 ]

the United States in foreign countries ; and alfo to the payment of intereft on fuch further Joans as may be obtained for difcharging the arrears of intereft thereupon, and the whole or any part of the principal thereof ; to conti- nue fo appropriated until the faid loans, as well thofe already made as thofe which may be made in virtue of this act, fhall be fully fa- tisfled, purfuant to the contracts relating to the fame, any law to the contrary notwith- ftanding. And provided, That nothing herein contained, fliall he conftrued to annul or alter any appropriation by law made prior to the palling of this act.

For pav- And as new loans are and will be neceffary tereft0land ^or t^le Pavment of the aforefaid arrears of in- inftaimeats tereft, and the instalments of the principal of debt > eign tne ^^ foreign debt due and growing due, and may alfo be found expedient for effecting an entire alteration in the ftate of the fame :

Prefident Sec. 2. Be h "further enaffed, That the Pre- pay make fident of the United States be, and he is here- new loans , i • i ri' ii

»nd con- by authorized, to cauie to be borrowed on be- ^aAs, ila|f 0f t^e United States, a fum or funis, not exceeding in the whole twelve million of dol- lars ; and that fo much of this fum as may be neceffary to the difcharge of the faid arrears and inftalments, and (if it can be effected upon terms advantageous to the United States) to. the paying off the whole of the faid foreign debt be appropriated folely to thofe purpofes : And the Prefident is moreover further autho- rized to came to be made fuch other contracts refpectirig the faid debt as fhall be found for the intereft of the faid ftates. Provided never- tbe/ejs, That no engagement nor contract fha$ be entered into which fhall preclude the United

[ H9 ]

States from reimburfmg any fum or funis bor- rowed within fifteen years after the fame mall have been lent or advanced.

And whereas it is defirable to adapt the na- ture of the provifion to be made for the do- meftic debt to the prefent circumflances of the United States, as far as it mall be found prac- ticable, confidently with good faith and the rights of the creditors ; which can only be done by a voluntary loan on their part :

Sec. 3. Be it therefore further enatfed, That ^"ie^cba a loan to the full amount of the faid domeflic loaned to debt, be, and the fame is hereby propofed ; and ^"^ t & that books for receiving fubfcriptions to the fubfcrip- faid loan be opened at the Treafury of the J^J^ United States, and by a commiffioner to be be made; appointed in each of the faid ftates, on the and firfl day of October next, to continue open until the lail day of September following in- clufively ; and that the funis which mall be fubfcribed thereto, be payable in certificates iifued for the faid debt, according to their fpe- cie value, and computing the interefl upon Inch as bear interefl: to the lad day of Decem- ber next, inclufively ; which faid certificates mail be of thefe feveral defcriptions, to wit :

Thofe iifued by the regifter of the treafury. ;n wnat Thofe iifued by the commiffioners of loans Payablc* in the feveral flates, including certificates given purfuant to the a£l of Congrefs of the fecond of January, one thoufand feven hundred and feventy-nine, for bills of credit of the feveral emiffions of the twentieth of May, one thou- fand feven hundred and feventy-feven, and the eleventh of April, one thoufand feven hun- dred and feventy-eight.

Thofe iifued by the commimoners for the

C '5° 1

adjuftment of the accounts of the quarter- mafter, commhTary, hofpital, clothing, and ma- rine departments.

Thofe iffued by the commhTioners for the adjuftment of accounts in the refpective ftates.

Thofe iffued by the late and prefent pay- mafter general, or commiflioner of army ac- counts.

Thofe iffued for the payment of intereft, commonly called indents of intereft.

And in the bills of credit iffued by the au- thority of the United States in Ccngrefs af- fembled, at the rate of one hundred dollars in the faid bills, for one dollar in fpecie. Subfcribers Sec. 4. And he it further enadi'ed, That for

torincFaio" *^e wn°Je or aRy Part °f any ^um fubfcribed dpraeHic to the faid loan, by any perfon or perfons, or propor-hat body-politic, which fliall be paid in the princi- tions of pal of the faid domeftic debt, the fubfcriber or ratcTof in- fubfcribers mall be entitled to a certificate, pur- tereft and porting that the United States owe to the hol- paynierft ^er or holders thereof, his, her, or their! aflignsy entitled to. a fum to be expreffed therein, equal to two- thirds of the fum fo paid, bearing an intereft of fix per centum per annum, payable quar- ter yearly, and fubject. to redemption by pay- ments not exceeding in one year, on account both of principal and intereft, the proportion of eight dollars upon a hundred of the fum mentioned in fuch certificate ; and to another certificate purporting that the United States owe to the holder or holders thereof, his, her or their affigns, a fum to be expreffed there- in, equal to the proportion of thirty-three dollars and one third of "a dollar upon a hun- dred of the fum fo paid, which after the year one thoufand eight hundred Uiall bear an ■in*

L I51 J

tereft of fix per centum per annum, payable quarter yearly, and fubjecl: to redemption by payments not exceeding in one year, on ac- count both of principal and intereft, the pro- portion of eight dollars upon a hundred of the fum mentioned in fuch certificate : Pro- vided, That it fhall not be underflood that the United States fhall be bound or obliged to redeem in the proportion aforefaid ; but it fhall be underflood only that they have a right fo to do.

Sec. 5. And be it further cnacled, That for Subscriber* the whole or any part of any fum fubfcribed intereft of to the faid loan by any perfon or perfons, or j0,"iefH? body politic which fhall be paid in the intereft proportions of the faid domeltic debt, computed to the of principal

rutc 01 in-

faid laft day of December next, or in the faid tereft, and certificates iffued in payment of intereft, com- tems of nionly called indents of intereft, the fubfcri- entitled to. ber or fubfcribers fhall be entitled to a certifi- cate purporting that the United States owe to the holder or holders thereof, his, her or their affigns, a fum to be fpecified therein, e^ual to that by him, her or them fo paid, bearing an intereft of three per centum per annum, payable quarter yearly, and fubjecl to redemption by payment of the fum fpeci- fied therein, whenever provifion fhall be made by law for that purpofe.

Sec. 6. And be it further enacled, That a Commif- commimoner be appointed for each ftate, to floners^e

r • 1 • n appointed

rende therein, whoie duty it mail be to fuper- in each intend the fubfcriptions to the faid loan ; to JS^febT open books for the fame ; to receive the cer- fcriptions, tificates which fhall be prefented in payment ^ thereof; to liquidate the fpecie value bf fuch of them as fhall not have been before liquida- ted j to iffue the certificates above mentioned

5 *3f 3

In lieu thereof, according to the terms of each I fubfcripiion ; to enter in books to be by him

kept for that purpofe, credits to the refpec- tive fubfcribers to the faid loan for the fums to which they mall be refpe&ively entitled 5 to transfer the faid credits upon the faid books from time to time as mall be requifite ; to pay the intereft thereupon as the fame fnall become due, and generally to obferve and perform fuch directions and regulations as mail be prefcribed to him by the Secretary of the Treafury, touching the execution of his of- fice.

Sec. 7. And be it further enabled, That the stock crea- ftock which fhall be created purfuant to this ted by this a& ^11 be transferable only on the books of

act, how , r p 1 ■ ' r • 1 ' rr-

transfer- tne trealury, or 01 the faid conimiiiioners ref- able- pe&ively, upon which the credit for the fame

ihall exift at the time of transfer, by the pro- prietor or proprietors of fuch flock, his, her or their attorney : but it mall be lawful for the Secretary of the Treafury, by fpecial war- rant under his hand and the feal of the treafu- ry, counterfigned by the comptroller, and re- giftered by the regifler, at the requeft of the refpective proprietors, to authorize the tranf- fer of fuch flock from the books of one com- miffioner to thofe of another commiilioner, or to thofe of the treafury, and from thofe of the treafury to thofe of a commiilioner.

Sec. 8. And be it further enaBed*, That the andintsreft intereft upon the faid ftock, as the fame fhall payable become due, fhall be payable quarter yearly ; quarterly, that is to fay : One fourth part thereof on the lafl day of March : one other fourth part thereof on the lafl day of June : one other fourth part thereof on the lafl day of Sep- tember ; and the remaining fourth part there-

t '53 3

t>f on the laft day of December in each year* beginning: on the laft day of March next en- fuing ; and payment fhall be made wherefo- ever the credit for the faid flock fhall exift at the time fuch interefl fhall become due ; that is to fay : At the treafury, if the credit for the fame fhall then exift on the books of the trea- sury, or at the office of the commiffioner up- on whofe books fuch credit fliall then exift. But if the iritereft for one quarter fhall nof be demanded before the expiration of a third quarter, the fame fliall be afterwards demand- able only at the treafury.

And as it may happen that fome of the ere- Kd>n-fub- ditors of the United States may not think fit bribing to become fubferibers to the faid loan : ,

Sec. 9. Be it further enacled, That nothing their right* in this ad contained fhall be conftrued in any j10°paired,& wife to alter, abridge or impair the rights of thofe creditors of the United States, who fliall not fubferibe to the faid loan, or the contracts upon which their refpe&ive claims are foun- ded ; but the faid contracts and rights fhall re- main in full force and virtue.

And that fuch creditors may not be exclud- ed from a participation in the benefit hereby intended to the creditors of the United States in general, while the faid propofed loan fliall be depending, and until it fhall appear from the event thereof what farther or other ar- rangements may be necefiary refpe&ing the faid domeftic debt :

Sec. 10. Be it therefore further enaeled, That fuch of the creditors of the United States as. may not fubferibe to the faid loan, fhall ne- verthelefs receive during the year one thou- fand feven hundred and ninety-one, a rate per

Vol. I. V

L *54 j

ictw'faid centum on the refpe&ive amounts of their c/iu.onthe refpective demands, including intereft to the amount of faft jay 0f December next, equal to. the in- mands tereft payable to fubferibing creditors, to be equal to pajj at tne fame times, at the fame places,

the intereU * , , t r r • i • i r

allowed to and by the lame perions as is herein before fubferibing directed, concerning the intereft on the flock * * which may be created in virtue of the faid .propofed loan. But as fome of the certificates- catesincir- now in circulation have not heretofore been cuiation,to liquidated to fpecie value, as mofh of them are led & new greatly fubjeft to counterfeit, and counter- ones iflued. fens have actually taken place in numerous inflances, and as embarraffment and impofi- lion might, for thefe reafor.s, attend the pay- ment of intereft on thofe certificates in their prefent form, it fhall therefore be neceflary to entitle the faid creditors to the benefit of the faid payment, that thofe of them who do not poffefs certificates iffued by the Regifler of the Treafury, for the regiftered debt, mould produce previous to the firft day of June next, their refpective certificates, either at the trea- fury of the United States, or to fome one of the commiflioners to be appointed as afore- faid, to the end that the fame may be cancel- led, and other certificates iifued in lieu there- of ; which new certificates fhall fpecify the fpecie amount of thofe in exchange for which they are given, and fhall be otherwife of the . like tenor with thofe heretofore iffued by the faid Regifler of the Treafury, for the faid re- giftered debt, and fhall be transferable on the like principles with thofe directed to be iffued on account of the fubferiptions to the loan hereby propofed. > Sec. ii. And be it further enacted^ That

the commiflioners who fhall be appointed pur-

I '55 ]

fuant to this a£t, fhall refpe&ively be entitled to the following yearly falaries, that is to fay : The commiffioner for the flate of New-Hamp- Commit- lifliire, fix hundred and fifty dollars : The com- th"ir liu- miffioner for the ftate of MafTachufetts, fifteen ««*. hundred dollars : The commiffioner for the I ftate of Rhode-Ifland and Providence Planta- tions, fix hundred dollars : The commiffion- er for the flate of Connecticut, one thoufand dollars: The commiffioner for the ftate of

I, New- York, fifteen hundred dollars : The com- i miffioner for the ftate of New-Jerfey, feven I hundred dollars : The commiffioner for the 1 ftate of Pennfylvania, fifteen hundred dollars : The commiffioner for the ftate of Delaware, fix hundred dollars : The commiffioner for the ftate of Maryland, one thoufand dollars : The commiffioner for the ftate of Virginia, fifteen hundred dollars: The commiffioner for the ftate of North- Carolina, one thoufand dollars : The commiffioner for the ftate of South-Carolina, one thoufand dollars : The commiffioner for the ftate of Georgia, feven hundred . dollars : Which falaries mall be in full compenfation for all fervices and expenfes.

Sec, 12, And be it further enacted, That to take an the faid commiffioner s before they enter upon oath & en- the execution of their feveral offices, fhall bond?0 refpeclively take an oath or affirmation for the diligent and faithful execution of their truft, and fhall alfo become bound with one or more fureties to the fatisfaction of the Se- cretary of the Treafury, in a penalty not lefs five thoufand, nor more than ten thoufand dollars, with condition for their good beha- vior in their faid offices refpeclively.

And whereas a provifion for the debts of Sute deiits the refpe&ive ftates by the United States,

t '.56 ]

would be greatly conducive to an orderly ceconomical and effectual arrangement of the public finances ; afTumcd, to Sec. 1 3. Be it therefore further enafled, That ai^.°Go,ooo a loan be propofed to the amount of twenty- dois. and a one million and five hundred thoufand dollars, fed" ^Tya° and that fubferiptions to the faid loan be re- bk in cer- ceived at the fame times and places, and by

tincates of ^

t>e %tes, the fame perfons, as in refpeel: to the loan herein before propofed concerning the do- meftic debt of the United States. And that the funis which fliall be fubferibed to the faid loan, mail be payable in the principal and intereft of the certificates or notes, which prior to the firft day of January laft, were iflued by the refpeclive ftates, as acknow- ledgments or evidences of debts by them res- pectively Owing, except certificates iflued by the commiflioners of army accounts in the flate of North- Carolina, in the year one thou- fand feven hundred and eighty-fix. »iot exceed- Provided, That no greater fum mail be re- jng a cer- eeived in the certificates of any ftate, than as each. Um U1 follows ; that is to fay :

In thofe of New-Hampfhire, three hundred thoufand dollars.

In thofe of Maflachufetts, four million dol- lars.

In thofe of Rhode-Ifland and Providence Plantations, two hundred thoufand dollars.

In thofe of 'Connecticut, one million fix hundred thoufand dollars.

In thofe of New- York, one million two hundred thoufand dollars.

In thofe of New- jerfey. eight hundred thou- fand dollars.

In thofe of Pennfylvania, two million tw© hundred thoufand dollars.

r '57 i

In thofe of Delaware, two hundred thou- fand dollars.

In thofe of Maryland, eight hundred thou* fand dollars.

In thofe of Virginia, three million five hun- dred thoufand dollars.

In thofe of North-Carolina, two million four hundred thoufand dollars.

In thofe of South-Carolina, four million dollars.

In thofe of Georgia, three hundred thou- fand dollars.

And provided, That no fuch certificate fhall be received, which from the tenor thereof, or ficat^ftll from any public record, act, or document, ™t be r«- mail. appear or can be afcertained to have been c lvc * iffued for any purpofe, other than compenfa- tioris and expenditures for fervices or fupplies* towards the profecution of the late war, and the defence of the United States, or of fome part thereof during the fame.

Sec. 14. Provided alfo and be it further enac- ted. That if the total amount of the fums s.uLfcrJp-

iions ex-

which mail be fubfcribed to the faid loan in ccedingthe the debt of any ftate, within the time limited fH™ allovv~

t- • rt '• • n ed to any

for receiving fubfcnptions thereto, mall exceed ftate, what the fum by this aft allowed to be fubfcribed g^or^oa within fuch ftate, the certificates and credits paid. granted to the refpeftive fubfcribers, mall bear fuch proportion to the fums by them ref- pectively fubfcribed, as the total amount of the faid fums mail bear to the whole fum fo al- lowed to be fubfcribed in the debt of fuch ftate within the fame. And every fubfcriber to the laid loan, mail, at the time of fubfcribing, de- pofit with the commiffioner the certificates or notes to be loaned by him.

I >5« ]

Babfcriben Sec. 1 5. And be it further enacled, That for what .pro- two thirds of any fum fubfcribed to the faid portion of loan, by any perfon or perfons, or body politic, iatc of in- which fhall be paid in the principal and in- tereft> ™d tereft of the certificates or notes iffued as afore- payment laid by the refpective ftates, the fubferiber or iatitkd to. fabferibers ihall be entitled to a certificate, purporting that the United States owe to the holder or holders thereof, or his, her or their affigns, a fum to be exprefied therein, equal to two thirds of the aforefaid two thirds, bear- ing an intereft of fix per centum per annum, payable quarter yearly, and fubject. to redemp- tion by payments, not exceeding in one year, on account both of principal and intereft, the proportion of eight dollars upon a hundred of the fum mentioned in fuch certificate ; and to another certificate, purporting that the United States owe to the holder or holders thereof, his, her or their affigns, a fum to be exprefFed therein, equal to the proportion of thirty-three dollars and one third of a dollar upon a hun- dred of the faid two thirds of fuch fum fo fub- fcribed, which after the year one thoufand r. eight hundred, ihall bear an intereft of fix per

& centum per annum, payable quarter yearly,

and fubjecl: to redemption by payments, not exceeding in one year, on account both of I principal and intereft, the proportion of eight

dollars upon a hundred of the fum mentioned In fuch certificate ; and that for the remaining third of any fum fo fubfcribed, the fubferiber or fubferibers mall be entitled to a certificate, purporting that the United States owe to the holder or holders thereof, his, her or their aft iigns, a fum to be exprefied therein, equal to the faid remaining third, bearing an intereft ©f three per cent, per annum, payable quarter

C 159 3

yearly, and fubjeel to redemption by payment of the fum fpecified therein whenever provi- fion mall be made by law for that purpofe. . Sec. 16. And be it further enacted, That the Intereft, intereft upon the certificates which (hall be re- c^^e<ii ceived in payment of the fums fubferibed to- & payable wards the faid loan, mail be computed to the *J2J* laft day of the year one thoufand [even hun- dred and ninety-one, inclufively ; and the in- tereft upon the flock which mail be created by virtue of the faid loan, /hall commence or begin to accrue on the firft day of the year one thoufand feven hundred and ninety-two, and mail be payable quarter yearly, at the fame time, and in like manner as the intereft on -the ftock to be created by virtue of the loan above propofed in the domeftic debt of the United States.

Sec. 17. And be it further cnacled, That if sum attotr- the whole fum allowed to be fubferibed in the ed to an7 debt or certificates of any ftate as aforefaid, he-ml fyD_ fhall not be fubferibed within the time for that toilette purpofe limited, fuch ftate fhall be entitled to Ceivc "inter- receive, and fhall receive from the United efl oa a;

_, . .-. mount ok

States, an intereft per centum per annum, upon deficiency* fo much of the faid fum as fhall not have been fo fubferibed, equal to that which would have accrued on the deficiency, had the fame been fubferibed in truft for the nen-fubferibing cre- ditors of fuch ftate, who are holders of certi- ficates or notes iffued on account of fervices or fupplies towards the profecution of the late war, and the defence of the United States cr of fome part thereof, to be paid in like manner as the intereft on the ftock which may be created by virtue of the faid loan, and to con- . tinue until there fhall be a fettlement of ac- counts between the United States, and the in-

[ i6o ]

pay-meat interefl on, .(ufpended.

dividual dates ; and in cafe a balance fhaU then appear in favor of fuch ftate, until pro- vifion mall be made for the faid balance.

But as certain flates have reflectively ifiued their own certificates, in exchange for thofe of the United States, whereby it might happen that interell might be twice payable on the fame fums : state certi- Sec. 1 8. Be it further enacled, That .the «Uu Tieu of payment of interefl whether to ftateS or to indi- ywfeof the viduals, in refpecl: to the debt of any ftate, by iltes^f which fuch exchange fhall have been made, mall be fufpended, until it mall appear to the fetisfa&ion of the Secretary of the Treafury, that certificates iflued for that purpofe by fuch ftate, have been re-exchanged or redeem- ed, or until thofe which fhall not have been re-exchanged or redeemed, fliall be furrender- ed to the United States.

Sec. 19. And be it further enacled, That fo much of the debt of each ftate as fhall be fub- fcribed to the faid loan, and the monies (if any) that fliall be advanced- to the fame pur- fuant to this act., fhall be a charge againft fuch ftate, in account with the United States.

farther ap- Sec. 20. And be it further enaded, That the propriation monies arifmg under the revenue-laws, which aric'ngftpm have been or during the prefent feffion of Con- the revenue gr€fs mav be paffed, or fo much thereof as pnrpofcs of may be neceffary, fhall be and are hereby jihis aci» pledged and appropriated for the payment of the intereft on the flock which fhall be created by the loans aforefaid, purfuant to the provi- i fions of this acl, firft paying that which fhall arife on the flock created by virtue of the faid firft mentioned loan, to continue fo pledged and appropriated, until the final redemption

States chargeable with a- mount of fubfcrip- tions.

fe| the faid flock, any law to the contrary riot- withftanding, fubjecl: neverthelefs to fuch re- fervations and priorities as may be requifite to fatisfy the appropriations heretofore made, and which during the prefent feffion of Con- grefs may be made by law, including the funis herein before referved and appropriated : and to the end that the faid monies may be inviolably applied in conformity to this aft, and may never be diverted to any other pur- pofe, an account mail be kept of the receipts and difpofition thereof, feparate and diftinc~fc from the product ofany other duties, impofts, excifes and taxes whatsoever, except fuch as may be hereafter laid, to make good any de- ficiency which may be found in the product thereof towards fatisfying the interefl afore- •

faid

Sec. 21. And be it further enacted, That df-Le*> the faith of the United States be, and the u. states fame is hereby pledged to provide and appro* P)edsed ta

- r r i i i- • i i ma*<e Sood

pnate hereafter men additional and perma- defkien- nent funds as may be requifite towards fup- cieSi plying any fuch deficiency, and making full provision for the payment of the interefl which fhali accrue on the flock to be created by vir- tue of the loans aforefaid, in conformity to the terms thereof refpectively, and according to the tenor of the certificates to be granted for the fame purfuant to this a£h

Sec. 22. And be it further enacJed, That proceeds the proceeds of the fate's which fha.il be made from faiej? of lands in the weiiern territory, now belong- ]0afnal,etora ing, or that may hereafter belong to the Uni- formafmk-» ted States, mail be, and are hereby appropria- in& uut' ted towards finking or discharging the debts, for the payment whereof the United States now are, or by virtue of this a£t may be hoi-

Vol. I. X

t >6* ]

den, and frail be applied folely to that ufe un=> til the laid debts mall be fully fatisfied.

FREDERICK AUGUSTUS MUHLENBERG,

Speaker cf the Houfe of Reprefentatives.

JOHN ADAMS, Vice-Prefident of the United

States, and Prefident of the Senate, Approved, Auguft the fourth, 1790: GEORGE WASHINGTON, Prefident of the United States.

CHAPTER XXXV.

An Acl to provide more effeclually for the Collec* tion of the Duties impofed by Law on Goods , Wares and Merchandize imported into the Uni- ted States, and on the Tonnage of Ships or Wels.

Se&ion 1. TO E it enacted by the Senate and JL3 Houfe of Reprefentatives of the United States of America in Congrefs affembled, That for the collection of the duties impofed by law on goods, wares and merchandize im- ported into the United States, and on the ton- nage of mips or veffels, there fhall be eftablifh- ed and appointed, diftricts, ports and officers, in manner following ; to wit :

The ftate of New-Hampmire mail be one

p'rts7n n! djftricT:, to be called the diftrict of Portfmouth,

Hampfliire. Qf which the town of Portfmouth mall be the

fole port of entry ; and the towns of New-

caftle, Dover and Exeter, ports cf delivery

only : but all mips or veilels bound to or froas

Bi-flriil &

r '63 j

either of the faid ports of delivery, fliall firft eome to, enter and clear at Portfmouth ; and a collector, naval-officer and furvcyor for the faid diftricl: fhall be appointed, to refide at Portfmouth.

In the ftate of Maflachufetts (hall be twen- ty diftricts and ports ol entry ; to wit : New- Diflxi&s & feuryport, Gloucefter, Salem and Beverly, as ?J^"f one ; Marblehead, Bofton and Charleftown, as fetts. one; Plymouth, Barnflable, Nantucket,Edgar- town, New-Bedford, Dighton, York, Bidde- ford and Pepperelborough, as one ; Portland, and Falmouth, as one ; Bath, Wifcaifett, Pe- nobfcot, Frenchman's Bay, Machias and Paf- famaquady. To the diftricl: of Newburyport fhall be annexed the feverai towns or land- ing places of Almfbury, Salilbury and Haver- hill, which mall be ports of delivery only ; and a collector, naval-officer and furveyor for the diftricl: fhall be appointed,, to refide at Newbu- ryport* To the diftricl; of Gloucefter fhall be annexed the town of Manehefter, as; a port of delivery only ; and a collector and furveyor fhall be appointed, to refide at Gloucefter. To the diftricl: of Salem and Beverly fhall be an- nexed the towns or landing places of Dan- vers and Ipfwich, as ports of delivery only ; and a collector, naval-officer and furveyor for the diftricl: fhall be appointed, to refide at Sa- lem, and a furveyor to refide at each of the towns of Beverly and Ipfwich.. To the diftricl: of Marblehead fhall be annexed the town of Lynn, as a port of ^delivery only ; and a col- lector for the diftricl: fhall be appointed, to re- fide at Marblehead. To the diftricl: of Bofton and Charleftown fhall be annexed the towns ^

or landing places of Medford, Cohaffet and Hingham, as ports of delivery only y and a

[ i<54 3

Diftridis & colle&or, naval-officer and furveyor fiiall be Maffachu- appointed to refide at Bofton. To the diftritt feu*, 0f Plymouth lhall be annexed the feveraJ

towns or landing places of Scituate, Duxbury and Kingflon, as ports of delivery only ; and a collector for the diftrict fiiall be appointed, to refide at Plymouth. To the diftrict of Barnftable fiiall be annexed the feveral towns or landing; places of Sandwich, Falmouth, Harwich, Welfleet, Provincetown and Chat- ham, as ports of delivery only ; and a collec- tor for the diftrict mall be appointed, to refide at Barnftable. To the diftrict of Nantucket the port of Sherburne fiiall be the fole port of entry and delivery within the fame, and a col- lector fiiall be appointed, to refide at Sher- burne. In the diftricl: of Edgartown a collec- tor fiiall be appointed, to refide at Edgartown. To the diftricl of New-Bedford fiiall be an- nexed Weftport, Rochefter and Wareham, as ports of delivery only ; and a collector for the diftricl; fiiall be appointed, to refide at New- Bedford. To the diftricl of Bighton fiiall be annexed Swanfey and Freetown, as ports of delivery only ; and a collector for the diftricl fiiall be appointed, to refide at Bighton. To the diftricl of York fhall be annexed Kittery and Berwick, as ports of delivery only ; and a collector for the diftricl fiiall be appointed, to refide at York. To the diftrict of Biddiford and Pepperelborough fiiall annexed Scarbo- rough, Wells, Kennebunk and Cape Por- poife, as ports of delivery only ; and a collec- tor for the diftricl fiiall be appointed, to refide at Biddeford. To the diftrict of Portland and Falmouth mail be annexed North- Yarmouth and Brunfwick, as ports of delivery only ; and a collector and furveyor fiiall be apppointed

[ *«5 J

for the diftridt, to refide at Portland. To the biftric4s & diftridt of Bath fhall be annexed Hollowell, Maffachu- Pittftown and Topfliam, as ports of delivery ***»> only ; and a collector for the diftridt fhall be appointed, to refide at Bath. To the diftridt of WifcafTet fhall be annexed Briftol, Boothbay, Warren, Thomaflon and Waldoborough, as ports of delivery only ; and a collector for the diftridt fhall be appointed, to refide at Wifcaf- fet. To the diftridt of Penobfcot fhall be an- nexed Frankfort, Sedgwick-Point and Deer- Ifland, as ports of delivery only ; and a collec- tor for the diftridt fnall be appointed, to refide at Penobfcot. To the diftridt of Frenchman's Bay fhall be annexed Union River, as a port of delivery only ; and a collector for the dif- tridt fhall be appointed, to refide at French- man's Bay. For each of the diftridts of Ma- chias and Paftamaquady fhall be appointed a collector, to refide at the faid ports of Machias and Paftamaquady, rcfpedtively. The diftridt of Newburyport fhall include all the waters and fhores from the ft ate of New-Hampfhire to the north line of Ipfwich. The diftridt of Gloucef- ter fhall include all the waters and fhores in the towns of Gloucefter and Manchefter. The diftridt of Salem and Beverly fhall include all the fhores and waters within the towns of Ipf- wich, Beverly, Salem and Danvers. The dif- tridt of Marblehead fhall include all the wa- ters and fhores within the towns of Marble- head and Lynn. The diftridt of Bofton and Charleftown fhall include all the waters and mores within the counties of Middlefex and Suffolk. The diftridt of Plymouth, fhall in- clude all the waters and fhores within the county of Plymouth, excepting the towns of Wareham and Rochefter, The diftridt of

[ 1 66 J

Diftridts & Barnftable fhall include all the fhores and waters ELchu- within the county of Barnftable. The diftrid f«ts. of Nantucke fhall include the ifland of Nan-

tucket. The liftricl of Edgartown {hall in- clude all the waters and fhores within the county of Duke's County. The diftrict of New- Bedford fhall include all the waters and fhores within the towns of New- Bedford, Dartmouth, Weflport, Rochefter and Wareham, together with all the iflands within the county of Brif- tol. The diftri£t of Dighton fhall include all the waters and fhores on Taunton river, and in the town of Rehoboth ; and the collectors of the feveral diflricls within that part of the ftate of Maffachufetts eailward of New-Hamp- fhire, fhall agree, as foon as may be, upon a divifional line between their refpeciive diftricts, and tranfmit the fame to the comptroller of the treafury ; and fuch diftricls, fo agreed upon, fhall include ail the fhores, waters and iflands within the fame. And in cafe of difagreement between any of the faid collectors, concern- ing fuch divifional line, the Secretary of the Treafury fhall determine the fame.

Diftridb & *n ^e ^ate °f Rhode-Ifland and Provi- ports in r. dence Plantations, there fhall be two dif- lfland, &c. trias tQ wk . The diftria of Newport, and

the diftrict. of Providence. The diftriQ: of Newport mall comprehend all the waters, fhores, bays, harbors, creeks and inlets, from the weft line of the faid ftate all along the fea coaft and northward up theNarraganfetBay, as far as the mod eafterly part of Kinnimicut Point at high water mark ; and fhall include the feveral towns, harbors, and landing places fit Wefterly, Charlefton, South-Kingftown, North-Kingftown, Eaft-Greenwich, and all that part of Warwick fouthward of the lati-

C 167 1

tude of faid Kinnimicut Point ; and alfo the towns, harbors and landing places of Bar- rington, Warren, Briftol, Tiverton, Little- Compton, and all the towns, harbors and landing places of the ifland of Rhode-Ifland, James Town, Prudence, New-Shoreham, and 1 every other ifland and place within the faid iftate fouthward of the latitude of the faid Kinnimicut Point. The diftrict of Providence mall comprehend all the waters, fhores, bays, harbors, creeks and inlets within the I faid ftate, northward of the latitude of Kin- nimicut Point. The town of Newport fhall 1 be the fole port of entry in the faid diftrict of Newport ; and a collector, naval-officer, and furveyor fhall be appointed, to refide at the faid town of Newport ; and North-Kingftown, Eaft- Greenwich, Barrington, Warren, Briftol andPawcaftickriverinWefterly,fhallbeportsof delivery only ; and a furveyor fhall be appoin- ted, to refide at each of the ports of North- Kingftown, Eaft- Greenwich, Warren, Briftor and Pawcatuck river, and the furveyor to re- fide at Warren fhall be furveyor for the port of Barrington. The town of Providence mall be the fole port of entry in the faid diftrict of Providence, and Patuxet in the fame diftrict mail be a port of delivery only ; and collector, naval-officer and furveyor fhall be appointed, to refide at Providence, and a furveyor fliall be appointed to refide at Patuxet.

In the ftate of Connecticut fhall be three Difin^? & diftricts, to wit : New-London, New-Haven, Ports »■ and Fairfield. The diflricl of New-London fliall extend from the eaft line of the faid ftate of Connecticut, to the weft line of the town of Killingfworth, and north to the fouth line of «he ftate of MaiTachufetts : and fhall alfo in-

cut.

C '68 3

elude the feveral towns or landing places of* Norwich, Stonington, Groton, Lyme, Say- brook, Haddam, Eafl-Haddam, Middletown, Chatham, Weathersfield, Glaflenbury, Hart* ford, Eaft-Hartford, Windfor, Eaft-Windfor, and Killingfworth, as ports of delivery only ; New-London to be the fole port of entry ; and a collector and furveyor for the diftrict mall be appointed, to refide at New-London ; and a furveyor to refide at each of the ports of Stonington and Middletown. The diftrict of Naw-Haven mall extend from the weft line of the diftrict of New-London, wefterly to Ou- fatumnick river ;, to which mall be annexed the feveral towns or landing places of Guild- ford, Branford, Milford and Derby, as ports of delivery only ; New-Haven to be the fole port of entry ; and a collector and furveyor for the diftrict mall be appointed, to refide at New-Haven. The diflricl: of Fairfield mall in- clude all the ports and places in the faid flate of Connecticut weft of the diftrict of New-Ha- ven ; to which mall be annexed the feveral towns or landing places of Norwalk, Stratford,, Stamford, and Greenwich, as ports of delive- ry only ; Fairfield to be the fole port of entry j and a collector for the diftrict mail be appoin- ted, to refide at Fairfield* And New-London, New-Haven, and Fairfield, mall feverally be ports of entry.

JJEfj & In the flate of New- York mall be two dif- k. York, tricts ; to wit: Sagg-Harbor on NafTau or Long- liland, and the city of New- York, each of which mail be a port of entry. The diftrict of Sagg-Harbor mail include all bays, har- bors, rivers and mores within the two points of land which are called Oyfter-Pond Point, and Montauk Point ; and a collector for ther

L i*9 ],

diftrift fliall be appointed, to refide at Sagg- BiteiAt & Harbor, which fliall be the only place of de- n. York.' livery in the faid diflricl:. The diitridt of the city of New- York mall include fuch part of the coafts, rivers, bays and harbors of the faid ftate, not included in the di'ilricl: of Sagg- Harbor ; and moreover the feveral towns or landing places of New-Windfor, Newburgh, Poughkeepfie, Efopus, city of Hudfon, Kin- derhook, and Albany, as ports of delivery only ; and a naval officer, collector and fur- veyor for the diflricl: mail be appointed, to re- fide at the city of New- York ; alfo two fur- veyors, one to refide at the city of Albany, and the other at the city of Hudfon; and all mips or veffels bound to or from any port of deli- very within the Jafl named diflricl:, mail be obliged to come to, and enter or clear out at the city of New- York.

In the ftate of New-Jerfey fliall be four dif- mMas & tricls ; to wit : Perth- Amboy, Burlington, ports in Bridgetown, and Great Egg-Harbor, which N- JerftT' mail feverally be ports of entry. The diflricl: ©f Perth- Amboy fhall comprehend all that part of the ftate of New-Jerfey, known by the name of Eafl New-Jerfey (that part ex- cepted which is hereafter included in the dis- trict of Burlington) together with all the wa- ters thereof heretofore within the jurifdiction of the faid flat? ; in which diflricl: the towns or landing places of New-Brunfwick, Mid- dletown-Point, Elizabeth-Town, and New- ark, mall be ports of delivery only ; and a col- lector for the diflricl: mall be appointed, to refide at Perth- Amboy. The diflricl: of Bur- lington fhall comprehend that part of the faid ftate known by the name of Weft New-Jer- fey, which lies to the eaftward and northward

Vol. I. Y

• L l7° J

Diftria* &°f t^ie county of Gloucefter, with all the wzu pom in ters thereof heretofore within the jurifdiclion w. jerky. 0f the faid ftate, including the river and inlet of Little Egg-Harbor, with the waters empty- ing into the fame, and the fea-coaft, found, inlets and harbors thereof, from Barnegat inlet to Brigantine inlets, in which diftricl the land- ing places T>f Lamberton and Little Egg-Har- bor mall be ports of delivery only; and a collec- tor fhall be appointed for the diilrict, to re- fide at Burlington, and a furveyor at Little Egg-Harbor. The diftricl of Bridgetown fnall comprehend the counties of Gloucefter, Sa- - lem, Cumberland, and Cape-May (fuch part of the counties of Gloucefter and Cape-May as mall be hereiji after included in the diftricl of Great Egg-Harbor, excepted) and all the waters thereof heretofore within the jurifdic- tion of the faid ftate ; and the town of Salem and Port Elizabeth, on Maurice river1* fhall be ports of delivery -only ; and a collector fhall be appointed, to relide at Bridgetown. The diftricl of Great Egg-Harbor fhall com- prehend the river of Great Egg-Harbor, toge- ther with all the inlets, bays, found, rivers and creeks, along the fea coaft, from Brigan- tine inlet to Cape- May ;■ and a collector fhall - be appointed, to refide at Somers's Point, on i the faid river of Great Egg-Harbor.

The ftate of Pennfyivania fhall be one dif- tricl, and Philadelphia mail be the fole port >< vnnfyiva- cf entry and delivery for the fame ; and a - colleclor, naval-officer and furveyor for the diftricl mall be appointed, to re&de at the faid port of Philadelphia.

The ftate of Delaware fhall be one diftricl,

Delaware, and the borough of Wilmington fhall be the

. port of entry, to which fhall be annexed New-

caflle and Port Penn, as ports of delivery on-

wftrfa &

p rt iii

Pen:

nia.

Diftrigl

ports in

[ i7* 3

iy ; and a collector for the diftricl mall be appointed, to refide at the faid port of Wil- mington.

In the (late of Maryland %ll be nine eif- DM*itf* & tricts ; to wit : Baltimore, Chefter, Oxford, Maryland. Vienna, Snowhill,. Annapolis, Nottingham, Cedar-point, and Georpe-Town. The ciiltrict of Baltimore mall include Patapfco, Sufque- hannah, and Elk rivers, and all the waters and mores on the weft fide of Chefapeake- Bay, from, the mouth of Magetty river to the -fouth fide of Elk river, iaciullve, in which Havre de Grace and Elkton fhall be ports of delivery only; and a collector, naval- oficer and furveyor mail be appointed for the laid diftricl;, to refide at the town of Baltimore, which mail be the fole port of entry. The .diftricl of Chefter fhall include Chefter river, and all the waters and mores on the eafiexn fide of Chefapeake-Bay, from the fouth fide of Elk-river to the north fide of the Eaftern- Bay, and Wye river, inclufive ; in which Georgetown on Saifafras river, mall be a port of delivery only ; and a coileclor for the dif- tricl fhall be appointed, to refide at Chefter, which mall be the' fole port of entry. The dif- tricl of Oxford fhall include all the waters and mores on the eaftern fide of Cheiapeake- "Eay, from the north fide of Wye river and the Eaftern- Bay, to the fouth fide of Great Chop tank river, inclufive ;■ and Cambridge mail be a port of delivery only .; and a col- lector for the diftricl flail be appointed, to refide at Oxford, which mail be the fole port of entry. The diftricl of Vienna fhall include all the waters and fhores on the eaftern fide of Chefapeake-Bay, from the fouth fide of Great Choptank river, to the fouth fide of,

[ i72 3

DrtWifts & Hooper's Strait, Haynes's Point and Wico- ports in mico river, inclufive ; and Salifbury fliall be ar) an the port of delivery only ; and a collector for the diflricl: (hall be appointed, to reflde at Vienna, which fliall be the fole port of entry. The diflricl of Snowhill fliall include all the waters and fhores on the fea-coafl, from the north line of Virginia, to the fouth line of Delaware, together with all the waters and fhores on the eaflefn fide of IChefapeake-Bay, from the fouth fide, of Wicomico river, to the fouth fide of Pocomoke river, inclufive, fo far as the jurisdiction of the faid flate of Maryland extends ; to which Sinnipuxent fliall be a port of delivery for Weil-India produce only ; and a collector for the ciflrict fliall be appointed, to refide at Snowhill, which fhall be the fole port of entry. The diflricl: of Annapolis fliall include Magetty river, and all the waters and f ores from thence to Drum-Point, on Patux- ent river ; and a colleclor for the diflricl fliall be appointed, to reikie at Annapolis, which fliall be the fole port of entry and delivery for the fame. The diflricl: of Nottingham fliall include all the waters and fhores on the weft fjde of Cheiapeake-Bay, to Drum-Point, on the river Patuxent, together, with the faid ri- ver, and all the navigable waters emptying in- to the lame, to which Benedict, Lower Marl- borough, Town Creek, and Sylyey's Landing, fliall be annexed as ports of delivery only ; a collector for the diftrict fhall be appointed, to refide at Nottingham, and a furveyor at Town Creek ; and Nottingham fliall be the fole port of entry. The diflricl: of Cedar Point fliall in- clude all the waters of Potowmack within the jurisdiction of the flate of Maryland, from Point-look-out to Pcmonky Creek, inclufive $

C l7Z ]

to which Nanjemoy, Saint Mary's and Lewel- i>Wri<ss & lenfburg, fliall be annexed as a port of delivery Maryland. only ; and a collector for the diflricl: fliall be appointed, to refide at Cedar Point ; alio a furveyor to refide at each of the ports of Saint Mary's \and Lewellenfburg ; and Cedar Point fliall be the fole port of entry. The diflricl: of Georgetown (hall include all the waters and fhores from Pomonky Creek, on .the north fide of Potowmack river, to the head of the navigable waters of the faid river within the jurifdiftion of the ftate of Maryland ; to which Digges's landing and Carrolfburg fliall be an- nexed as ports of delivery only ; and a collec- tor for the diflricl fliall be appointed, to re- fide at Georgetown, which fhall be the fole port of entry.

In the ftate of Virginia fhall be twelve dif- DMhfoas & tricls ; |to wit : Hampton as one port ; Norfolk ^l ■ and Portfmouth as one port ; Bermuda Hun- d ed and City Point as one port ; Yorktown, Tappahannock, Yeocomico river, including Kinfale, Dumfries, including Newport, Alex- andria, Foley-Landing, Cherryftone, South Quay, and Louifville. The authority of the officers at Hampton fliall extend over all the waters, fhores, bays, harbors and inlets, be- tween the fouth fide of the mouth of York river, along the weft fhore of Chefapeake-Bay to Hampton, and thence up James river to the weft fide of Chickahominy river ; and a collector fhall be appointed, to refide at Hamp- ton, which fliall be the fole port of entry. To the diftrict of Norfolk and Portfmouth fliall be annexed Suffolk and Smithfield as ports of delivery only ; and the authority of the officers of the diftrict fhall extend over all the wa- ters, fhores, bays, harbors and inlets com-

lrgmia*

[ *74 J

tSftriAs f; prchended within a line drawn from Cape $irftnia. Henry to t he mouth of James river, and thence up James river to Jordan's point, and up Elizabeth-river to the higheil tide water there- of; and Norfolk and Pcrtfmouth mall be the ible port of entry ', and a collector, noval- officer and furveyor for the diftricl: fhall be appointed, to ref ide at Norfolk ; alfo a furveyor to refide at each of the ports of Suffolk and -Smithiiekl. To the diftricf. of Bermuda Hun- dred or City Point, mall be annexed Rich- mond, Peterfhurg, and Manchefter, as ports of delivery only ; and a collect. or and furvey- *br mall be appointed, to refide at Bermuda Hundred or City Point, which mall be the ible port of entry ; alfo a furveyor for Peterf- burg to refide thereat, and a furveyor for Rich- mond and Manchefter to refide at Richmond ; ?Jid the authority of the officers of the faid -diflrid: mall extend over all the waters, mores, .bays, harbors and inlets, comprehended be- tween Jordan's point and the higheil: tide wa- ter on James and Appamattox rivers. To the diilricf of Yorktown mall be annexed Weft- Point and Cumberland as ports of delivery only ; and a collector for the diftricf mall be appointed, to refide at Yorktown, which mall be the fole port of entry ; aifo a furveyor for the two ports of delivery, to refide at Weft- Point 5 and the authority of the officers of the faid diftricf. iliall extend over all the waters, iliores,bays, harbors and inlets, comprehended . betweeen the point forming the fouth more of the mouth of Rappahannock -river, and the point forming the fouth more of the mouth <of York river, and thence up the faid river to Weft-Point, and thence Up Pamunkey and Mattapony rivers to the higheil navigable

C *7S- 1

waters thereof. To the diftrict of Tappahan- dhwai *j noek ihall be annexed Urbanna, Port-Royal, vkgiaia, and Frederickfburg (including Falmouth), as . ports of delivery only ; and a collector for the diflricTt mail be appointed, to refide at Tap- pahannock, which fliall be the fole port of entry ; alfo a furveyor for each of the ports of Urbanna, Port-Royal, and Frederickfburg; and the authority of the officers of the faid diftrict fliall extend over all the waters, mores, bays, harbors and inlets, comprehended be- tween Smith's point, at the mouth of Potow- mack river, and the point forming the fouth, more of the mouth of Rappahannockriver, and thence up the lafl mentioned river to the higheft tide water thereof. The diftrict of Yeocomico river including Kinfale mall extend from Smith's Point on the fouth fide- of Po- towmack river, to Boyd's Hole on the fame river, including all the waters, mores, bays, rivers, creeks,, harbors and inlets along the fouth more of Potowmack river to Boyd's* Hole aforefaid ; and Yeocomico including Kinfale, fhall be the fole port of entry ; and a collector fliall be appointed to refide on.

' Yeocomico river. The diftrict of Dumfries in- cluding Newport, mail extend from Boyd's. ' Hole to Cockpit-Point on the fouth fide of Potowmack river ; and a collector fhall be ap- pointed, to refide at Dumfries, which mail be, the fole port of entry ; and the authority of the officers of this diffract fhall extend over all

, the waters, fliores, bays, harbors and inlets comprehended between Boyd's Hole and Cockpit-Point aforefaid. For the diftrict. of Alexandria fhall be appointed a collector and furveyor, to refide at Alexandria, which fhall be the fole port of entry ; and the authority o£

C '75 ]

D;ftn&s 3c the officers of the faid diftrict fhall extend over vlrgiiiii. all the waters, fhores, bays, harbors and inlets on the fouth fide of the river Potowmack, from the laft mentioned Cockpit-Point to the high- eft tide water of the faid river. For the diftrict of Foley Landing fhall be appointed a collec- tor, who fhall refide at Accomack Court-houfe, and whofe authority fhall extend over all the waters, fhores, bays, harbors and inlets of the county of Accomack. For the diftrict of Cher- ryftone fhall be appointed a collector, to re- fide at Cherryftone, whofe authority fhall ex- tend over all the waters, fhores, bays, harbors and inlets comprehended within Northampton county. For the diftrict of South Quay a col- lector fhall be appointed, to refide thereat, whofe authority fhall extend overall the waters, fhores, bays, harbors and inlets in that part of Virginia, comprehended within the limifs of the faid ftate. For the diftricl; of Louifville a collector fliall be appointed, to refide thereat, whofe authority fliall extend over all the waters, fhores and inlets included between the rapids and the mouth of the Ohio river on the fouth fide thereof.

iHftria* & In the ftate of North- Carolina fhall be five fr°"s {l diftrids ; one to be called the diftricl of Wil-

N.Caroliaa, . > . 11111

mington, and to comprehend ail the waters, fhores, bays, harbors, creeks and inlets, from Little River inlet, inclufive, to New River in- let, inclufive : another to be called the diftricl; of Newbern, and to comprehend all the wa- ters, fhores, bays, harbors, creeks and inlets, from New River inlet, exclufive, to Ocracoke inlet, inclufive, together with that part of Pampticoe found which lies fouthward and weft ward of the fhoal projecting from the momth of Pampticoe river towards the Royal.

[ i$ 3

fehbai, and fouthward of the laid Royal Shoal. dim&> & Another to be called the difhict of Wafting- Carolina, ton, and to comprehend all that part of Pamp- ticoe found not included in the diftricl of New- bern, as far north as the marines. Another to be called the diilrict of Edenton, and to Com- prehend all the waters, bays, harbors, creeks aild inlets, from the marines, inclufive, north- ward and weilward, except thofe inclu- ded in the diilrict of Cambden. The other to be called the diilriet of Cambden, and td comprehend North River, Pafquotank and Little Rivers, and all the waters, fhores, bays, harbors, creeks and inlets, from the junction of Currituck and Albemarle founds to the north extremity of Back- Bay. That in the dis- trict of Wilmington, the town of Wilmington mall be a port of entry and delivery, and there ihall be collector, naval-officer and furveyor, to refide at the faid town of Wilmington! That in the diilrict of Newbern, the town of Newbern (hall be a port of entry and delivery^ and the towns of Beaufort and Swaniborough mail be ports of delivery only, and there ihall be a collector to refide at Newbern, and a furveyor to refide at Beaufort, and one at Swaniborough. That iii the diilrict of Wash- ington, the town of Waftingtdn ihall be the fole port of entry and delivery, and there fhali be a collector to reiide within the fame. That iri the diilrict of Edenton, the town of Edenton mall be a port of entry and delivery, and Hert- ford, Murfreeiborough, Princeton^ Winton, Bennet's Creek, Plymouth, Windfor and Ske- warkey, ports of delivery ; and there ihall be a collector to refide at the tdwn of Edenton, and a furveyor at each of the ports of Hert- ford, Winton; Bennet's Creek, Plvmouthj Vol. I, Z

C '78 3

ttj&i&a & Windfor and Skewarkey ; and one at Mor- SSaVolina. freeiDorougn, for faid port and for Princeton * Thar all mips or veifels intending to proceed to Plymouth, Windfor, Skewarkey, Winton, Bennet's Creek bridge, Murfreefborough, or Princeton, mall firft come to and enter at the port of Edenton. That in the diftrict of Camb- den, Plankbridge on Sawyer's Creek, mall be the port of entry and delivery, and Nixonton, Indiantown, Newbiggin Creek, Currituck in- let, Pafquotank River bridge, ports of delivery ; and there mail be a collector at Plankbridge on Sawyer's Creek, and a furveyor at each of the ports of Nixonton, Indiantown, Cur- rituck inlet, Pafquotank River bridge, and Newbiggin Creek ; and that the authority of the officers of each diftrict mall extend over all the waters, mores, bays, harbors, creeks and inlets comprehended within fuch diftrict. Pro- vided, That any veifels coming in at Ocracoke inlet, that may be under the neceffity of emu- ploying lighters before they pafs the Royat Shoal, may be at liberty to enter at any port of entry connected with the waters of faid in- let, to which fuch veifels are bound. And that any vefiel coming in at the faid inlet in ballad, with the purpofeof loading without the Roy- al Shoal, mall be at liberty to enter at any port of entry connected with the waters of the faid; inlet.

. In the flate of South- Carolina, mail be

arfd^artsm three- diftrict s ; to wit : Georgetown, Charlef- s. Carolina. fon, and- Beaufort, each of which mall be a port of entry. The diftrict of Georgetown' mail include the mores, inlets and rivers, from the boundary of North-Carolina to the point of Cape Romain. The diftricl of Charlefton mail include all the mores, inlets and rivers, from

[ "79 ]

Cape Romain to Combahee river inclufive ; DiflTj&s itnd the diftricl of Beaufort fha.ll include the ^Carolina! fhores, inlets and rivers, from Combahee river to Back river in Geo eia, comDreheiidinr alfo the fn ores., inlets and harbors formed by the different bars and fea iilands lying within each diftricl: refpeclively. At the port of Charlefion fhall be a collector, naval- officer and furvey- or ; and a collector at each of the other ports. Diftn&s

In the ftate of Georgia fhall be four diftricls ; GeorgL8 • to wit : Savannah, Sunbury, Brunfwick, and Saint Mary*s, each of which mall be a port of entry. The diftricl of Savannah mall include Savannah river, and all the waters, fhores, harbors, rivers, creeks,bays, and inlets, from the faid river to the north point of OiTabaw ifland, and Great Ogeeche rivers, inclufive ; and a naval-officer, collector and furveyor fhall be appointed for the faid diftricl, to refide at Savannah. The diftricl: of Sunbury fhall com- prehend all the waters, fhores, harbors, rivers, creeks, bays and inlets, fouth of the north point of OiTabaw ifland and Great Ggeeche river, ex- clufive, and north of the fouth point of Sapelo iilandjinclufive, and a collector for the faid dif- tricl: mail be appointed to refide at Sunbury. The diftricl: ot Brunfwick fhall comprehend all the waters, fhores, harbors, rivers, creeks, bays and inlets, from the fouth point of Sapelo ifland, exclufive, to the fouth point of Jekyl ifland, inclufive; Frederica fhall be a port of delivery only ; and a collector for the diftricl; mall be appointed, to refide at Brunfwick. The diftricl of Saint Mary's fhall comprehend all the waters, mores, harbors, rivers, creeks, bays, and inlets, from the fouth point of Jekyl ifland, exclufive, to Saint Mary's river, inclu- five ; and a collector for the faid diftrict fhaJ!

r .isq ]

pe appointed, to refide at Saint Mary's : ana in each of the faid diftri&s it fhall be lawful for the collector to grant a permit to unlade at any port or place within the diftrict, and to appoint or put on board any fhip or veffel for which a permit is granted, one or more iearchers or infpectors as may be necelTary for the fecurity of the revenue.

Sec. 2. And be it further enacted ', That it mail not be lawful to make entry of any fhip or veffel which fhall arrive from any foreign port or place within the United States, or of the cargo on board fuch fhip or veffel elfe- where than at one of the ports of entry here- in before eftabllfhed, nor to unlade the faid Ports of en- cargo, or any part thereof, elfewhere than at try to he one 0f the ports of delivery herein eftabhfhed : Hyery. Provided always, That every port of entry Ports of de- fhall be alfo a port of delivery : And provided -ivhich fo- further, That none but mips or veffels of the reign vef- United States fhall be admitted to unlade at ftri&ed. any other than the ports, following ; to wit : Portfmouth, in the ftate of New-Hampfhire : ^ Portland and Falmouth, New-Bedford, Digh- ton, Salem and Beverly, Gloucefter, Newbu- ryport, Marblehead, Sherburne, Bofton and Charleftown, Plymouth, Bath, Frenchman's- Bay, Wifcaflet, Machias, and Penobfcot, in the Hate of Maffachufetts : Newport and Pro- vidence, in the ftate of Rhode-Ifland and Pro- vidence Plantations : New-London and New- Haven, in the ftate of Connecticut : New- York, in the ftate of New- York: Perth-Am- boy, and Burlington, in the ftate of New- jerfey : Philadelphia, in the ftate of Penmyl- vania: Wilmington, Newcaftle andPort-Penn, in the ftate of Delaware : Baltimore, Anna- polis, Vienna, Oxford, Georgetown on Po- io\mack, Cheftertown, Town- Creek, Not

[ '8. ]

tlngham, Gedar Point, Diggcs's Landing, Snowhill and Carroliburgh, in the ftate of Maryland : Alexandria, Kinfale, Newport, Tap- pahannock, Port-Royal, Frederickfburg, Ur- banna, York town, Well-Point, Hampton, Ber- muda Hundred, City-Point, Rocket's Land- ing, Norfolk, and Portfrnouth, in the ftate of Virginia : Wilmington, Newbern, Wafhing- ton, Edenton, and Plankbridge, in the ftate of North- Carolina : Charlefton, Georgetown, and Beaufort, in the ftate of South-Carolina : and in either of the diftricls of Savannah, Sun- bury, Brunfwick, Frederica, and Saint Mary's, in the ftate of Georgia ; or to make entry in any other diftrict than in one in which they mail be fo admitted to unlade : And provided Portso[T^ iq/tly, lnat no lryp or veiiel arriving from veffeisam- the Cape of Good Hope, or from any place tv1'"|1froin , beyond the fame, mall be admitted to make g. Hope or. entry at any other than the ports following ; ^JD^tfc to wit ; Portfrnouth, in the ftate of New-Hamp- ud. mire : Bofton and Charleftown, Newburyport, Salem and Beverly, Gloucefter, Portland and Falmouth, in the ftate of MaiTachufetts : New- port, and Providence, in the ftate of Rhode- Ifland and Providence Plantations : New-Lcn- don, and New-Haven, in the ftate of Connec- ticut : New- York, in the ftate of New- York: Perth- Amboy, in the ftate of New-Jerfey ; Philadelphia, in the ftate of Pennfylvania : Wilmington, in the ftate of Delaware : Bal- timore, Annapolis, and Georgetown, in the ftate of Maryland : Alexandria, Norfolk, and Portfrnouth, in the ftate of Virginia ; Wil- mington, Newbern, Wafhington, and Eden- ton, in the ftate of North-Carolina : Charlef- ton, Georgetown, and Beaufort, in the ftate pf South-Carolina: and Sunburv and -Sayan,*

[ 182 ]

nah, in the ftate of Georgia : Provided, That nothing herein contained fhall prevent the maiter or commander of any fhip or veffel, from making entry with the collector of any diftricl: in which fuch fhip Or veffel may be owned, or from which fhe may have failed on the voyage from which (he mall then have re- turned. Portsofde- Sec. 3. And be it further enacted, That the whicb 'vef- ma^er or commender of every fhip or veffel ids bound bound to a port of delivery only, in any of rome toV'tfce following' diftricts ; to wit : Portland and the port of Falmouth, Bath, Newburyport, New-London, entry" (except the port of Stonington, in the faid diftricl:) Norfolk and Portfmouth, Bermuda- Hundred and City-Point, Yorktown, or Tap- pahannock, (except the port of Urbanna, in the faid diftricl:) and Edenton, (hall firft come to at the port of entry of fuch diftricl:, with his {hip or veffel, and there make report or en- try, and pay, or fecure to be paid, all legal duties, port fees and charges in manner by this acl provided, before fuch fhip or veffel fhall proceed to her port of delivery; and that any fhip or veffel bound to a port of de- livery in any diftricl: other than thofe -above- mentioned, or to either of the ports of St6r nington or Urbanna, may firfl proceed to her port of delivery, and afterwards make report or entry within the time by this act. limited, piftndu to Sec. 4. And be it further entitled, That the fi°boilnd rnafter or commander of every fhip or veffel, fliaii net if bound to the diftricl: of Nottingham, fhall, pt^vS before he pafs by the port of Town-Creek, and out deliver- immediately after his arrival, depofit with the &* ia-am" furveyor of the faid port, a true maiiifeft of the cargo on board fuch fhip cr veffel : if bound Jo the diftricl: of Tappahannock, fhall, before

t 183 3

lie pafs by the port of Urbanna, and immedi- ately after his arrival, depofit with the furveyor for that port a like manifeft : if bound to the . diftrict of Bermuda-Hundred or. City-Point, mall, before he pafs by Elizabeth-River, and immediately after his arrival, depofit with the collector of the port of Norfolk and Portf- mouth, or with the collector of the port of Hampton, a like manifeft : and if bound to the diftrict of South-(>uay,, mall, before he pafs by the port of Edenton, and immediately after his arrival, depofit with the collector of the port of Edenton, a like manifeft. And the faid furveyors and collectors, refpectively<> mall, after regiftering the manifeft s, tranfmit the fame, duly certified to have been fo depo- fited, to the officer with whom the entries are S^/jf to be made. And if the mafter or commander tp depoik of any fhip or veffel ihall neglect or omit to ?f aniteft- depofit a manifeft in manner aforefaid, and as the cafe mail require, he mall forfeit and pay five hundred dollars, to be recovered with cofts of fuit, one half to the ufe of the officer with whom fuch manifeft ouarht to have been depofited, and the other half to the ufe of the collector of the diftrict to which the faid fhip or vefTel may be bound : Provided \ That if manifefts Ihall have been in either of the faid cafes previouily delivered to any officer of the cuftoms, purfuant to the provifion hereinafter to be made in that behalf, the depoiiting of a manifeft as aforefaid fhall not be neceifary : And provided alfo. That no mafter of any fhip or veifel which was abfent from the United States on the firft day. of May laft, and which hath not fince returned within the fame, or of ,^. any fhip or veifel not owned wholly or in part by a citizen or inhabitant of the United States,

[ i34 ]

mail incur the faid penalty, if he fhall make oath or affirmation that he had no knowledge of or information concerning the regulation herein contained, unlefs it can be othefwife proved that he had fuch knowledge or infor- mation.

pfHcers to Sec. 5. And be it further cnafled, That all to appoin- officers and perfons to be appointed purfuant nnccofthis to this act, before they enter upon the duties a& to take of their refpe&ive offices, fhall feverally take an oath diligently and faithfully to execute the duties of their faid offices rcfpeclively, and to ufe their bell endeavors to prevent and de- tect frauds in relation to the duties impofed by the laws of the United States ; which oath, if taken by a collector, may be taken before any magiftrate authorized to adminifler oaths within the diliricl to which he belongs ; but if taken by another, fhall be taken before the collector of his diftricl:, and being Certified un- der the hand and feal of the perfon by whom the fame fhall have been adminiflered, fhall, within three months thereafter be tranfmitted to the comptroller of the treafury ; in default of taking which oath, the party failing fhall forfeit and pay two hundred dollars, to be re- iefauk m covered with coifs of fuit, in any court of com- fchercof. petent jurifdiction, to the ufe of the United States.

'ijbuties of Sec. 6. And be it further ena&ed, That the the coikc- feveral officers of the cufloms fhall refpecfive- ly perform the duties following ; to wit : At fuch of the ports to which there fhall be ap- pointed a collector, naval-officer and furveyor, the collector fhall receive all reports, manifefts ^fcid documents, te be made or exhibited on the entry of any {hip or veiTel, according to

[ -85 ]

the regulations of this act ; fhall record in books to be kept for that purpofe, all fuch raanifefls ; fhall receive the entries of all fhips and vefljbls, and of the goods, wares' and mer- chandize imported in them ; mall, together with the naval-officer, where there is one, or alone where there is none, eflimate the amount of the duties payable thereupon, endorfing the , faid amount upon the refpective entries ; mall receive all monies paid for duties, and take all bonds for fecuring the payment thereof ; fhall grant all permits for the unlading and delive- ry of goods ; fhall employ proper perfons as weighers, guagers, meafurers and infpectors at the feveral ports within his diflrict ; and (halt provide at the public expence, and with the approbation of the principal officer of the trea- fury department, flore-houfes for the fafe-keep- ing of goods, and fuch fcales, weights and meafures as may be neceffary. The naval-of- ™™ ° " fleers fhall receive copies of all manifefls ; fhall together with the collector, eflimate the duties on ail goods, wares and merchandize fubject aud to duty, keeping a feparate record thereof; and mail counterfign all permits, clearances, certificates and debentures to be granted by the collector. The furveyor mall fuperintend and direct all infpectors, weighers, meafurers' flirTCy°^ and guagers within his diflrict ; fhall vifit and infpect the fhips or veffels which arrive within his diflrict, and fhall have power to put on board each of them one or more infpectors ; fhall afcertain the proofs of diftilled fpirits, rating thofe which fhall be of the: proof of twenty-four degrees as of Jamaica proof; and. mail examine whether the goods imported in any fhip or vefTel, and the deliveries thereof, are conformable to- the entries of fuch goods' Vol. I. A 2

g '86 ]

and the permits for landing the fame ; and the further laid furveyor fhall in all cafes be fubject to the fuTvepr controul of the collector. And at fuch ports and coikc- to which a collector and furveyor only are af- figned, the faid collector mail folely execute all the duties in which the co-operation of the naval-officer is requifite at the ports where a naval-officer (hall be appointed, which he (hall alfp do in cafe of the difability or death of the naval-officer. And at the ports to which a collector only is affigned, fuch collector {hall folely execute all the duties in which the co- operation of the naval-officer is requifite as aforefaid : and fhall alfo, as far as may be, perform all the duties prefcribed to furveyors at the ports where fuch officers are eftablifhed. And at ports to which furveyors only are af- figned, every fuch furveyor mall perform all the duties herein before enjoined upon furvey- ors ; and fhall alfo receive and record the co- pies of all manifefts which fhall be transmitted to him by the collector ; fhall record all per- mits granted by fuch collector, diftinguifhing the guage, weight, meafure and quality of the goods fpecified therein ; and fhall take care that no goods be unladen or delivered from any fhip or veffel without a proper permit for that purpofe. And at fuch ports of delivery -only to which no furveyor is affigned, it fhall <ioiie&or be lawful for the collector of the difirict occa- mayoccafi fionally and from time to time to employ a pbylfu™" proper perfon orperfons to do the duties of a *ey«r. furveyor, who fhall be entitled to the like com- penfation with infpectors, during the time they fhall be employed. And the laid collectors, naval-officers and furveyors fhall refpectively attend in perfon at the poi £s to which they are refpectively affigned j and fhall keep fair and

F 187 1

true accounts and records of all their tranfac- n^v-joSi?' tions as officers of the cuftoms, in fuch man- ccrs and ner and form as may be directed by the pro- tlTkeep" per department, or officer having the fuperin- baoks. tendance of the collection of the revenue of the United States ; and mall at all times fub- mit their bo-*ks, papers and accounts to the inflection of fuch perfons as may be appointed for that purpofe. And the faid collectors mall at all times pay to the order of the officer who to pay all mall be authorized to direct the payment there- re?oies fc- of, the whole of the monies which they may fettle their reflectively receive by virtue of this act ("men accoun*s

1 Jt J , i. .-. \ -• every tnrcs

monies as they are otherwife by this act direc- months. ted to pay only excepted) ; and mail alfo once in every three months, or oftener if they fhall be required, tranfmit their accounts for fettle- ment to the officer or officers whofe duty it mall be to make fuch fettlement.

Sec. 7. And be it further enacled, That every collector, naval-officer and furveyor, in cafes n°Vai-0ffi-J of occafional and iieceffary abfence, or officii cers and nefs, and not otherwife, may refpectively ex- mayeJpls ercife and perform their feveral powers, tunc- point de* tions and duties, by. deputy duly conflituted pu K under their hands and feals refpectively, for whom in the execution of the trull they fhall refpectively be anfwerable.

Sec. 8. Arid be it further enacled \ That in cafe of the difability or death of a collector, deputy °o?» the duties and authorities veiled in him fhall fe&or. devolve on his deputy, if any there be at the time of fuch difability or death (for whofe con- duct the eft ate of fuch difabled or deceaied collector fhall be liable) : And in defect of a ]

deputy, the faid authorities and duties mail devolve upon the naval- officer of the fame dif*

natc a nir veyor

[ 188 J

trict, if any there be ; and if there be no na- val-officer, upon the furveyor of the port ap- pointed for the refidence of fuch diiabled or deceafed collector, if any there be ; and if none, upon the furveyor of the port neareft Colleger thereto, and. within the fame diftrift. And in ™»y °°mI- every cafe of the death or difafoility of a fur- veyor, it mall be lawful for the collector of the diflrict to nominate fome fit perfon to per- form his duties and exercife his authorities. And the authorities of the peribns hereby em- powered to act in the flead of thofe who may be difabled or dead, mall continue until fuc- celfors mail be duly appointed, and ready to enter upon the execution of their refpectn e offices.

Matters of Sec. 9. And be it further enafled, That from y-effekfrom and after -the firft day of October next, no

foreign • • n

ports, to goods, wares or merchandize mall be brought ieft7ofam~ mt0 the United States from any foreign port their cargo, or place3 in any fhip or veffel belonging in the . whole or in part to a citizen or citizens, inha- bitant or inhabitants of the United States, un- lefs the .mailer or perfon having the charge or command of- fuch fhip or veffel mail have on board a manifeft or manifefls in writing, fign- ed by fuch mailer or other perfon, containing the name or names of the port or ports, place or .places, where the goods in fuch manifeft or manifefls mentioned, fhall have been reflec- tively taken on board, and the port or ports, place or places within the United States for which the fame are refpectively configned or deflined, and the. name and built of fuch fhip or veffel, and the true admeafuremerit or ton- nage thereof according to the reoiller of the fame, together with the name of the mailer or other perfen having the command or charge

C m ]

of fuch fhip or vcfTel, and the port or place to which fuch fhip or veffei truly belongs, and a' juft and particular account of all the cargo fo laden or taken on board, whether in packages or ftowed loofe, together with the marks and numbers, in words at length, of the laid pack- ages refpectively, with a defcription or each, as whether leaguer, pipe, butt, puncheon, hogf- head, barrel, cafe, bale, pack, trufs, ,cheft, box, bundle, or other cafk or package, defcri- bin'g the fame by its ufual name or denomina- tion.

Sec. ro. And be it further eitacled, That if Forfeiture any n-oods, wares or merchandize mail, after a{the v;llue

J o, ' J 0f poods

the laid iirft day of Oclober next, be imported not indu- or brought into the United States, in any fhip dcd '" ^"d

0 . Kianiteit.

or veiTel, whatever, belonging in the whole or in part to a citizen or citizens, inhabitant or inhabitants of the United States, from any fo- reign port or place, without fuch maniieil or inanifelts in writing, or mail not be included and defcribed therein, or mall not agree there- with, in every fuch cafe the mailer or other ' perfon having the command or charge of fuch fhip or veffei, mall forfeit a fum of money „ „. . equal to tne value or iucii gooes, not mciu- ofthimif ded in fuch mamfeft or manifeffs : Provided al- ]hf, mani" ways, inat it it mall be made appear to the loft, fatisfacuon of the collector, naval- officer and furveyor, or. the major part of them, where thofe offices are eftablifhed at any port, or to the fatisfaclion of the collector alone, where either of the other of the faid offices is not ef- tablifhed, or to the fatisfaction of the court in which a trial {hall be had ccncernimr"fuch.

r r

forfeiture, that no part of the cargo of fuch fhip or veffei had been unfiiippcd, after it was taken on board, except fuch as mall, have

[ 19° ]

been fpecified and accounted for in the re- port of the matter or other perfon having the charge or command of fuch fhip or veflfel, and that the manifeft or manifefts had been loll or miflaid, without fraud or collufion, or that the fame was or were defaced by accident, or incorrect by miftake, in every fuch cafe the forfeiture aforefaid fhali not be incurred.

Matters of Sec. 1Im And be it further enacled, That yeiiefe to every mailer or other perfon having the charge

deliver ma- j r 1 • rr 1 i_ i •

nifefts to or command or any ihip or veliel belonging the officer in the whole or in part to a citizen or citizens, firitVon inhabitant or inhabitants of the United States, board. laden with goods as aforefaid, and bound to any port or place in the United States, fliall on his arrival within four leagues of the coaft thereof, or within any of the bays, harbors, ports, rivers, creeks or inlets thereof, upon demand, produce fuch manifeft or manifefts in writing, which fuch mafter or other perfon is hereinbefore required to have on board his faid Ihip orveffel, to fuch officer or officers of. the cuftoms, as fhali firft come on board his laid fhip or vefTel, for his or their infpeclion, and fliall deliver to fuch officer or officers a true copy or copies thereof (which copy or copies fhali be provided and fubfcribed by the i. faid mafter or other perfon having the com-

mand or charge of fuch fhip or veffel) ; and that the officer or officers to whom the origi- nal manifeft or manifefts fliall have been fo produced, fhali reflectively certify upon the back thereof, that the fame was or were pro- duced, and the clay and year on which the fame was or were fo produced, and that fuch copy or copies as aforefaid, was or were to him or them delivered, and fliall likewife certify upon the back -cf fuch copy or copies, the day and

t !9T 1

year on which the fame was or were deliver- the dcJiye- ed, and mall forthwith tranfmit fuch copy or Jjj£!^ copies to the refpective collectors of the fevc- tifLdthere- ral diftri&s, to which the goods by fuch ma- ^J..fuch nifeft or manifefts mail appear refpectively to be configned ; and that the laid mailer or other perfon fo having the charge or com- mand of any fuch fhip or veflel, mail in like manner produce to the officer or officers of the cuftoms who iliall firft come on board fuch (hip or veffel upon her arrival within the limits of any diftricl of the United States, m which the cargo or any part thereof is intend- ed to be difcharged or landed, for his or their inflection, fuch manifeft or manifefts as afore* laid, and mall alfo deliver to him or them a true copy or copies thereof, (fuch copy or co- pies alfo to be provided and fubfcribed by the faid mailer or other perfon having the charge or command of fuch (hip or veliel) the pro* duclion of which faid manifeft or manifefts, and the delivery of which faid copy or copies thereof mail alio be certified by the faid offi- cer or officers of the cuftoms who mall fo firft come on board the faid fhip or veflel on her arrival within the limits of any fuch dis- trict., upon the back of the faid original mani- feft or manifefts, with the particular day and year when fuch manifeft or manifefts was or were produced to fuch officer or officers, and when he or they fo received the faid copy or copies thereof ; and fuch officer or officers- is and are hereby required forthwith to tranf- mit or caufe to be tranfmitted, the faid copy or copies of the faid manifeft or manifefts to the collector of that diftricl, and the faid maf- ter or perfon having the charge or command of the faid (hip or veflel, (hail afterwards pro-

and ano

C *92 1

duce and deliver the faid original inanifeft or inani foils to the faid collector. Provided always^ That nothing herein contained mall be conftrued to require of fuch mafter or other perfon having the charge or command of fuch fhip or veflel, the delivery of more than one copy of each manifefl to the officer or officers aforefaid, who fhall ftrfi come on board of fuch fhip' or veffel, within four leagues of the coaft of the United States aforefaid, and one other copy to fuch officer or officers ther.maai- as ffiall firft cqme on board, within the limits officer o? °^ any $$*£& for which the cargo of fuch the diftria fhip or veflel or fome part thereof fhall be to which he COfiflgned or deftined : or ffiall be conftru- ed to require the delivery or any iuch co- py to any other officer ; but it fhall be fuffi- cient in refpecl to any fuch other officer, to produce and fliew to him the laid original ma- nifefl or manifefts, and the certificate or cer- tificates thereupon.

Sec. 12. And be it further e?iacled, That if a. l the mafter or other perfon having the charge thcreoj". or command of any fhip or veflel laden as aforefaid, and bound to any port or place in the United States, ffiall not upon his arrival within four leagues of the coaft thereof, or within the limits of any diftricl thereof, where the cargo of fuch fhip or veflel or any part thereof is intended to be difcharged, produce fuch manifeft or nianifefts in writing, to the proper officer or officers upon demand thereof, and aifo deliver fuch copy or copies- thereof as aforefaid according to the directions of this acl in each cafe, or ffiall not give an account of the deftination of fuch fhip or veflel, which he is hereby required to do, upon rcqueft of fuch officer or officers, or ffiall gave a falfe ac-

Peurdty on

DC

[ *93 ]

taunt of the faid deftination, in order to evade the production of the faid maiiifeft or mani- fests, the faid mafter or other perfon having the charge or command of fuch (hip or veffel, fhall forfeit for every fuch refufal, neglect, or offence, a fum not exceeding five hundred dol- lars. And if fuch officer or officers firft com- penaity oa ing on board, in each cafe within the diflance the ofTlcer or limits aforefaid, mail neglect, or refufe to or"^"-8 certify on the back of fuch manifeft or mani- ting^toccr- fefls, the production thereof, and the delivery feftS. of fuch copy or copies refpe&ively, as are here- in before directed to be delivered to fuch of- ficer or officers ; every fuch officer, fo neglec- ting or refuting fhall forfeit and pay the fum of five hundred dollars.

Sec. 13. And be it further enaSled, That if penalty for after the arrival of any fhip or veffel fo laden iml*dns with goods as aforefaid, and bound to the Sltautho- United States, within the limits of any of the "ty.and diftrict-s of the United States, or within four leagues of the coafl thereof, any part of the cargo of fuch fhip or veffel fhall be unladen for any purpofe whatever, from out of fuch (hip or veffel as aforefaid, within the limits or diflance aforefaid, before fuch fhip or veffel fhall come to the proper place for the difcharge of her cargo or fome part thereof, and fhall be there duly authorized by the proper officer or officers of the cuftoms, to unlade the fame, the matter or other perfon having the charge or command of fuch fhip or veffel, and the mate or other perfon next in command, {halt refpectively forfeit and pay the fum of one forfeiture thoufand dollars; and the goods, wares and tbsreof» merchandize fo unladen and unfhipped, fhall be forfeited and loft, except in the cafe of fome unavoidable accident, neceffitv or diflrefs of

Vol. I. B 2

C J94 ]

«,,*«♦ ;« weather ; of which unavoidable accident, ne- cafes ofac- ceflity or diflrefs, the mailer or other perfoh dSrek?r having the charge or command of fuch fhip or veffel, fliall give notice to,, and together with two or more of the mariners on board fuch fhip or veffel, (hall make proof upon oath before the collector or other chief officer of the cuflcms of the diftrict, within the limits of which fuch accident, neceffity or diflrefs fhali happen, or before the collector or other chief officer of the firfl difbrict of the United States within the limits of which fuch (hip or veflel ihall afterwards arrive, if the faid accident, ne- ceffity or diflrefs fliall have happened not with- in the limits of any diftrict, but within four leagues of the coaft of the United States, (which oath the faid collector or other chief officer is hereby authorized arid required to adminifler.)

Matters of Sec. 14. And be it further enabled, That if veffcU re- any g00ds, wares or merchandize fo unladen goods, ex- from on board of any fuch fhip or veffel, mall ceptinfuch De pUt or received into any other fhip, veffel or

cales,tofor- ,r ., r r r 1 •' 1

feit treble boat, except m the cale or men accident, ne- thdr value ceffity or diflrefs as aforefaid, to be notified ' and proved as aforefaid, the faid mafler or other perfon having the charge or command of the fhip, veffel or boat into which the faid goods fhall be fo put and received, and every other perfon aiding and affifting therein, fhall forfeit treble the value of the faid goods ; and the faid fhip, boat or veffel fhall alfo be for- feited and loft.

Maftersof Sec. 15. And be it further enabled, That if ye'icis to any {fop qjt veflfel which fhall have arrived with- ITahy fw in the limits of any diftrict of the United States failing from from aily foreign port or place, fhall depart ?Jtlr arriv or attempt to depart from the fame, unlefs, t@

C »95 ]

proceed on her way to fome more interior j}12^'^? diftrict to which me may be bound, before ter, except report or entry mail have been made by the JjjflJJfci °l mailer or other perfon having the charge or command of fuch mip or veflel, with the col- lector of fome diftricl: of the United States, the laid matter or other perfon' having fuch charge or command mall forfeit and pay the fum of four hundred dollars. And it fhall be lawful for any collector, naval-officer, furvey- or, or commander of any of the cutters here- in after mentioned, to arreft and bring back, or caufe to be arretted and brought back, fuch mip or vefiel, to fuch port of the United States to which it may be mo ft conveniently done. Provided^ That if it mall be made to appear by the oath of the faid matter or other perfon hav- ing the charge or command of fuch fhip or veflel, and of the perfon next in command, or other mfficient proof to the fatisfaction of the collector of the diftricl; within which fuch mip or veflel fhall afterwards come, or to the fatif- faclion of the court in which the profecution for fuch penalty may be had, trial the faid de- parture, or attempt to depart, was occafioned by diftrefs of weather, purfuit or durefs of enemies, or other, neceffity, the faid penalty fnall not be incurred.

Sec. 1 6. And be it further enacled, That Tomakean within twenty-four hours after the arrival of ?ntry ,wnh~

n . cr i r ... ■ in 2 4 hours;

any imp or veilel from any port or place, at any port of the United States eftablifhed by law, at which an officer of the cuftoms refides, or within any harbor, inlet or creek thereof, if the hours of bufmefs at the office of the chief officer of the cuftoms at fuch port will permit, or as foon thereafter as the faid hours will permit, th£ matter or other perfon having

[ i96 ]

the charge or command of fuch fhip or veffel, mall repair to the faid office, and fhall make report to the faid chief officer of the arrival of and a re- the faid fhip or veffel ;, and within forty-eight carge with', hours after fuch arrival, mall make a farther « 4« toun; report[tothe collector of the faid diftrict in which fuch port may be, of the name, burthen and lading of fuch fhip or veffel, whether in pack- ages or flowed loofe, and of the particular marks, numbers and contents of each package, and the place or places, perfon or perfons to or for which or whom they are refpeclively configned or deflined, alio of the place or places where fhe took in her lading, of what country built, from what foreign port or place fhe lafl failed, who was mailer or commander of her during the voyage, who is at the time of fuch report mafler or commander of her, and (if a veffel of the United States) who are owners of her ; unlefs the whole of fuch in- formation required on the fecond report as aforefaid, fhall have been given at the time of making the firft report, in which cafe it Hi all not be neceffary to make a further re- port. And, in the cafes in which the mafter or perfon having the charge or command of any fhip or veffel herein before required to have on board at the time of her departure from fuch foreign port or place for the Uni- ted States, a manifefl or manifefls of the lad- ing of fuch fhip or veffel, or of any part there- of, the faid mafler or perfon having the faid charge or command, fhall, at the time of mak- ami deliver {ng the faid report, deliver the faid manifefl thefeo™ to or manifefls to the collector to whom the faid the coiicc- report mall be made, and fhall declare to the truth of fuch manifefl or manifefls, as the fame ought to be, in conformity to the directions

C 197 ]

of this act. And the faid matter or perfon, hat- To make ing the charge or command of any fuch {hip. oat'^of or veifel, fhall in each cafe declare that no *$*} ^ part of her lading, fmce her departure from u.,iitd the faid foreign port or place from which me r?nce. Jie fhall be fo reported to have laii failed, has been the port landed or uniaded, or otherwife removed from ?vh^ on board of her, except as he fhall then fpe- cify, together with the caufe, time, place and manner ; and fhall further declare, that in cafe he thall afterwards difcover or know -of any goods, wares or merchandize, other than thofe by him then reported, he will forthwith thereafter make report thereof to the faid coU lector : which report and declarations reflec- tively mail be in writing, figned by the party making the fame, and in all be attefted by his oath, to the befl pf his knowledge and belief ; and the faid collector is hereby authorized and required to adminifler the fame. And if the faid mailer or perfon having the charge or Pen^ty on command of any fuch ihip or veffel fl all ne- negie&. gleet or omit to make the faid reports, or ei- ther of them, and declaration or declarations, or to deliver the faid manifefl or manifefls, or to take the faid oath, as the cafe may require, he fhall for every fuch offence forfeit and pay the fum of one thoufand dollars.

Sec. 17. Provided always, and be it further Matters of entitled. That it mail not be neceffary for the ^ore'§"

n\ i'ii imps of war

malter or penon having the charge or com- or packets mand of any lhip or veiiel of war, or of any notton}ake

n • r i 1 • • n report and

imp of veiiel employed by any prince or ltate, entry, as a public packet for the conveya ce of let- ters and dhpatches, and not permitted by the laws of iuch prince or Hate to be employed in the transportation of goods, wares or merchan-

t >9S ]

dize in the way of trade, to make fuch report and entry as aforefaid. Mafters^f Sec. 1 8. And be it further enacled, That it arriving & fhall be lawful for the faid fhip or veffel to entcnag proceed with any goods, wares or merchan- ceed to a dize brought in her, which fhall be reported ioreiga Dy ^q j^ niafter or other perfon having the charge or command of the faid fhip or veffel, to be deftined for any foreign port or place from the diftrift within which fuch fhip or vef- fel fhall firf]: arrive, to fuch foreign port or place, without paying or fecuring the payment of any duties upon fuch of the faid goods, wares or merchandize, as fhall be actually re- exported in the faid fhip or veffel accordingly ; any thing herein contained to the contrary After g:v- notwithstanding. Provided always, That the thftbhfs ^a^ mafter dr perfon having the charge or cargo fhall command of the faid fhip or veffel fhall' firft d% fn the S^ve bond with one or more fureties, in a fum Vaitai equal to the amount of the duties upon the ou^rfUu" &*d !g00°-8? wares and merchandize, as the fame tercd. fhall be eftimated by the collector to whom the faid report fhall be made, to the fatisfaclion of the laid collector, with condition that the faid goods, wares or merchandize, or any part thereof, fhall riot be landed within the United States, unlefs* due entry thereof fhall have been firft made, and the duties thereupon paid or fecured according to law, which bond fhall be cancelled in like manner as bonds herein after directed to be given for obtaining draw- Bond not to backs of duties. Provided nevertheless-, That

vehenqvlf-d inch bond flia11 not be> required in refpeft to fds put in the goods on board of any fhip or veffel which S/^ &all have Put *nto tbe United States from ne-

celTity, to be made appear in manner herein

after prefcribed.

C 199 ]

Sec. 19. And be it further enacled. That Duties tohe it mall be lawful for any fhip or veffel in which Paid only any goods, wares or merchandize fhall be tri&swhcre brought into the United States from any fo- J°°J\are reign port or place, to proceed with the fame from diftrict to diftrict within theUnited States, in order to the landing or delivery thereof; and the duties on fuch of the faid goods only as {hall be landed in any diftrict, fhall be paid or fecured to be paid within fuch diftricTt.

Sec. 20, And be it further enacled, That be- Coiieae* fore any fhip or veffel mail depart from the [Jcf^2r diftrict in which me fhall firft arrive, for ano- of a veffel ther diftrict, with goods, wares or merchant j^^jSt dize brought in fuch fhip or veffel from a fo- tria with reign port or place, the duties whereof fhall ^°reu©i*r not have been paid or fecured, the mafter or perfon having the charge or command of fuch fhip or veffel, fhall obtain from the collector of the diftrict from which fhe fhall be about to depart (who is hereby required to grant the fame) a copy of the report made by fuch maf- ter or perfon having the charge or command of fuch fhip or veffel, certified by the faid col- lector, together with a certificate of the quan- tity and particulars of the goods which fhall appear to him to have been landed within his diftricl. And within twenty-four hours after which he « the arrival of fuch fhip or veffel within any SiJSwS other diftricl:,. the faid mafter or perfon having thatdiftria the charge or command of fuch fhip or veffel hoursaaft** fhall make report or entry to or with the col- his arrival* lector of fuch other diftrict, producing and fhewing the faid certified copy of his faid firft report, together with a certificate from each collector of any other diftrict within which any of the goods, wares or merchandize brought in fuch fhip or veffel fhall have been before

[ 200 ]

landed, of the quantity and particulars of fuch of the faid goods, wares and merchandize as fhall have been fo landed in each diftrict ref- pectively ; except in the ftate of Georgia, where fuch report {hall be made within forty- eight hours : Provided always, That the maf- andtogive ter-or perfon having the charge or command bond that 0f the faid fliip or.veffel fhall firft give bond of his goods with one or more fureties to the fatisfaclion of fhaiibeen- the collector of the diftrict within which the livered in faid fhip or veifel ft all firft arrive, in a fum fuch dif- equal to the amount of the duties on the refi-

Tricots *is rc~

ported to due of the faid goods, according to fuch efti- be deftiued mate as the faid collector fliall form thereof,

to. . , ,

with condition that the faid refidue of the faid goods fhall be duly entered and delivered in fuch other diftrict or diftricts of the United States, for which the fame fhall have been re- ported to be deftined. And the faid bond fhall be cancelled or difcharged by the production of a certificate or certificates from the collector or collectors of the diftrict or diftricts for which the faid goods fhall have been reported, tefti- fying the due entry and delivery of the faid goods in fuch diftrict or diftricts, or upon due proof to the fatisfaction of the collector by whom the faid bond fhall have been taken, that fuch entry and delivery were prevented by fome unavoidable accident or cafualty, and thai if the whole or any part of the faid goods fhall not have been loft, that the fame has been duly entered and delivered within the Penalty on United States. And i'i the mafter or perfon thereof. having charge or command of any fuch fhip or veffel, fhall fail by his neglect or fault to obtain the faid copy of his faid report from the collector of the diftrict from which he fhall be fo about to depart, or of any certificate

t w J

which he ought to obtain as aforefaid, or fhali neglect to produce and {hew the fame to the collector of any other diftrict to which the fnid fhip or vefTel fhali afterwards proceed^ within the time for that purpofe herein before fpecified, he mall forfeit and pay for every fuch neglect or omiffion five hundred dollars.

Sec. 1 1 . And be it further enacled, That the 0*™er or

r r r conwnee

owner or owners, conngnee or confignees or tomakeeri- any goods, wares or merchandize on board try of goods of any fuch fhip or vefTel, or in "cafe of his, her Irponoath. or their abfence or ficknefs, his, her or their known factor or agent, in his, her or their names, within fifteen days after report of the mailer or perfon having the charge or com- mand of fuch fhip or vefTel to the collector of the diftrict for which fuch goods, wares or merchandize mail be deftined, mail make en- try thereof with the faid collector, and mail fpecify in fuch entry the particular marks, numbers and contents of each package or par- cel whereof they fhall confifl, or if in bulk, the quantity and quality, together with the nett prime cod thereof; and mall alfo produce to the faid collector, if any fuch there be, the ori- ginal invoice or invoices, or other documents in lieu thereof, and bill or bills of lading ; all which fhall be done upon the oath of the per- fon by Whom fuch entry fhall be made, accor- ding to the belt of his or her knowledge and Belief ; who fhall thereby alfo declare that if he or me fhall afterwards difcover or know of any other goods, wares or merchandize im= ported in fuch fhip or vefTel, belonging or con- figned to the perfon or perfons by whom or on whole behalf fuch entry fhall have been iiiade, he or me will forthwith make known the fame, in order to the due entry thereof; Yoii. I. G 2

C 201 ]

*ea fibres exempt frona duty.

Excels thereof to be valued, and duties

thereon paid.

Slid the payment of fecuring the payment of the duties thereupon : Provided always That where the particulars of any fuc»h goods, wares or merchandize (hall be unknown, in lieu of the entry herein before directed to be made, an entry thereof (hall be made and received according to the circumftances of the cafe, the party making the fame, declaring upon oath all that he or me knows or believes con- cerning the quantity and particulars of the faid goods, and that he or fhe has no other knowledge or information concerning the fame ; which entry, as well the fir ft as the 1 aft, fliall be made in writing, and (hall be fubferi- bed by the party making the fame.

And in order to afcerfain what articles ought to be exempted from duty, as the fea ftores of a fhip or veffel,

Sec. 22. Be it further enabled, That the niaf» ter or perfon having the charge or command of fuch ihip or veffel, mall particularly fpecify the faid articles in the report to be by him made as aforefaid, defignating them as the fea ftores of the faid fhip or veffel ; and in the faid oath to be taken by fuch m after or other perfon, he mall declare that the articles fa fpecified as fea ftores are truly fuch, and were bona fide put on board the faid fhip or veffel; for the ufe of the officers, crew and paffengers thereof, and were not brought and are not in- tended by way of merchandize or for fale ; whereupon the faid articles mail be free from duty : Provided always, That if it ihall appear to the colle&or to whom fuch report mall be made, together with the naval-officer, where- there is one, or alone where there is none, that the quantities of the faid articles fo reported as fea ftores are exceftive, it Ihall be lawful for

[ 2o3 ]

the faid collector jointly with the faid naval- officer, or alone as the cafe maty be, in his or their difcretion, to eflimate the amount of the duty on fuch excefs ; which mall be forthwith paid by the faid mailer or perfon having the command or charge of the faid fhip or veffel to the faid collector, on pain of forfeiting the value of fuch excefs. And if any of the faid ar- p,najty for tides fhall be landed for the purpofe of being landing* fold, or to be otherwife ufed than as the fea t\w™f flores of the fhip or veffel in which they were brought, all fuch as fhall be fo landed mall be forfeited, and the mailer or commander of fuch fhip or veffel being privy thereto, mail moreover forfeit and pay treble the value of the articles fo landed.

And alfo to afcertain what articles ought to be exempted from duty, as the cloaths, books, houihold furniture, tools or imple- ments of the trade or profeffion of perfons ar- riving within the United States :

Sec. 23. Be it further enaded^ That due entry thereof, as of other goods, wares and °,ther srtt~

J * ■tint f exempt

merchandize, but feparate and diilincT: from from duty, that of any other goods, wares or merchan- ed diftba- dize imported from a foreign port or place, ly upon fhall be made with the collector of the diflricl H^T in which the faid articles are intended to be landed by the owner thereof, his or her agent, who fhall make oath before the faid collector, according to the beft of his or her knowledge or belief, touching the perfon to whom the faid articles mail belong, and his calling or occu- pation, the arrival or expected arrival of the laid perfon within the United States, and that the faid articles are truly intended for the ufe of the faid owner folely, or jointly with his or

r 204 1

fier family, as the cafe may be, and are not din rectly nor indirectly imported or intended for fale ; which oath mall be in writing, endorfed upon the faid entry, and fubfcribed by the par- andi'fby ty making the fame. And in cafe the faid any other party f}iau De other than the owner of the faid

the oalh ot f , ;

the owner articles, he or fhe mall give bond with one or to I'cpro- more fUreties to the fatisfa&ion of the faid col-

duceu with- #-

in one year, lector, in a fum equal to what would be the amount of the duties on the faid articles if im- ported fubject to duty, with condition that in a certain time therein to be fpecified, not ex- ceeding one year, a like oath as above directed "- mail be made by the faid owner, and if not made before the faid collector, fhall be produ- ced to him duly authenticated ; whereupon a permit fhall and may be granted for landing

and tranf- the faid articles. And a copy of every fuch en-

Se* ran?* try? anci °* the oatk en^onred thereupon, fhall tpfecretary be tranfmitted to the Secretary of theTreafury, of treafury. for jn-jg information.

And whereas by the letter of the act, inti- tuled, ". An aft for laying a duty on goods, wares and merchandizes imported into the United States," articles of the growth or ma- nufacture-of the United States, exported to foreign countries, and brought back to the United States, are fubject.. to duty on their im- portation into the faid flates ; and whereas it, was not the intention of Congrefs that they mould be fo fubjecl to duty :

Duties paid g 2 . j$g ft therefore further enacled. That.

oh articles . -T; r , : .V J- '

of the in every cale m which a duty may have been ^roXutfac-nd heretofore paid on goods, wares or merchan- ture of the dizes of the growth or manufacture of the Hi%ned& United States, exported. to a foreign country, "- -. and brought back to the faid flates, the amount

c" z°5 t

thereof mall be repaid to the perfon or perfons bw'1 h^ by whom the fame {hall have been paid, or to ded his, her, or their repreientatives ; and that in every cafe in which fuch duty may have ac- crued, but may not have been paid, the fame be remitted, and that no fuch duty mall here- afi er be demanded : Provided, That the Regu- lations hereinafter prefcribed for afcertaining the identity of fuch goods, wares or merchan- dize, be obferved and complied with, and that , as well in refpeft to thofe heretofore imported, as far as may be practicable, as to thofe here- after to be imported.

And alfo to afcertain the identity of articles ©f the growth, product or manufacture of the United States, which having been exported to any foreign port or place, (hail be brought back to the faid ftates :

Sec. 25. Be it further entitled, That report a;Kl to aI-_

and entry thereof fhall be made as in other ca- certain fes of goods, wares and merchandize imported \\™ ^y from a foreign port or place, and proof by are to be

oath of the perfon or perfons having know- the^me0 ledge of the facts, lhall be made to the fatif- manner a faction of the collector of the diftrict, with cLs^im^ whom fuch entry fhall be jointly with the na- p<>rte^ val officer, if there be a naval officer, or alone if there be no naval-officer, that the faid arti- cles had been exported from the United States, as of their growth, product or manufacture, and of the time when, by whom, in what fhip or vefTel, and for what port or place they were fo exported ; and if the faid colle&or mall be other than the collector of the diftrict from which the faid articles mail have been expor- ted, a certificate of the latter fhall be pro Juced to the former, teflifying the exportation there- of in conformity to the proof aforefaid: wher&

£ 20.6 ]

upon a permit mall and may be granted for landing the fame : Provided, That if the faid certificate cannot be immediately produced, and if the proof otherwife required fhall be made, and if bond fhall be given, with one or more fureties to the fatisfaction of the collec- tor of the diftrict within which the laid articles are intended to be landed, in a fum equal to what the duties would be on the faid articles, if they were not of the growth, product or ma- nufacture of the United States ; with condi- s tion that the faid certificate fhall be produced within the term of four months, it ihall be lawful for the faid collector to grant a permit for the landing of the faid articles, in like man- ner as if the faid certificate had been produced.

oaths to be Sec 26. A?id be it further enacted, That the adminifkr- oatns t0 fce taken upon making of any of the

ed on en- . rr r . , °. . J . .

tries by of- reports or entries aroreiaid, whether by the fleers of mailer or other perfon having the charge or

exit coins 00

command of any fhip or vefTel, or the owner or confignee of any goods, wares or merchan- dize, his or her factor or agent, fhall be admi- nistered by the collector or officer to whom re- port or entry fhall be made, and where there ihall' be a naval officer, in the prefence of fuch naval-officer, who fhall attend for that pur- pofe, and fhall be reduced to writing, and fhall be fubfcribed by the perfon adminiftering the fame, and by the faid naval-officer, if any fhall be prefent : and the faid collector, jointly with the faid naval-officer, where there is a naval- officer, or alone where there is none, fhall ac- v.bo UuH cording to the beft of his or their judgment or Btakeancf- information, make a grofs eflimate of the S'amount amount of the duties on the goods, wares or of the du- merchandize to which the entry of any owner ij/^" or confignee, his or her factor or agent fhal'

Penalty fo«"

felate, which eflimate mail be endorfed upon fuch entry, and figned by the officer or officers making the fame. And the amount of the laid duties according to the faid eftimate, having been firfl paid or fee ared, purfuant to the pro- .vifions of this act, the faid collector mall grant a permit to land the goods, wares or merchan- dize, whereof fuch entry fhall have been madej and then and not otherwife it mall be lawful fto land the faid goods*

Sec. 27. And be it further enabled, That no goods, wares or merchandize brought in any unlading ihip or veifel from any foreign port or place, i°f°* "J1^ Ifhall be unladen or delivered from fuch ihip day and or veffel, within jhe United States, but in open ^ * pef* day; that is to fay; between the riling and fetting of the fun, except by fpecial licence from the chief officer of the port for that pur- pofe, nor at any time without a permit from the collector for fuch unlading or delivery : , and if any goods, wares or merchandize fhall be unladen or delivered from any fuch fhip or veffel, contrary to the direction aforefaidy or any of them, the mafler or perfon having the command or charge of fuch ihip or veifel f and every other perfon who fhall knowingly be concerned or aiding therein, or in remov- ing, ftoring, or otherwife fecuring the faid goods, wares or merchandize, fhall forfeit and i pay the fum of four hundred dollars for each offence ; and fhall be difabled from holding ; any office of truft or profit under the United ! States, for a term not exceeding feven years j i and it fhall be the duty of the collector of the diftfiet, to advertife the names of all- fuch per* 3Fo is in a newfpaper, printed in the (late in. •v ch he refides, within 'twenty days, after each 1 reipective conviction. And all goods, wares

[ 2o8 ]

*»d goods or merchandize fo unladen or delivered, (hall.

feittd. become forfeited, and may be feized by any of the officers of the cuftoms ; and where rhe value thereof according to the higheft market price of the fame, ihall amount to four hun- dred dollars, the veifel, tackle, apparel and furniture, ihall be fubjecl to like feizure and forfeiture.

bao'ds re- Sec. 1 8. And be it farther cna£led, That no fore being" g°°ds, wares or merchandize brought in any weighed or fhip or veffel from any foreign port or place, I"ufbcfor- requiring to be weighed or guaged in order to feited. afcertain the duties thereupon, fhall be re- moved from any wharf or place upon which the fame may be landed or put, before the fame ihall have been weighed or guaged, by or under the direction of a proper officer for that purpofe ; and if any fuch goods, wares or merchandize ihall be removed from fuch wharf or place, unlefs with confent of the pro- per officer, before the fame ihall have been fo weighed or guaged, the fame ihall be for- feited, and may be feized by any officer of the cuiloms.

Goods to Sec. 29. And he it further enacled, That all be fiored ■ goods, wares or merchandize of which entry k&o/un- ihall have been made, without fpecification of tii the du- particulars, ihall be conveyed to fome ware-

tics tiicrC""

on are af- houfe or ftore-houfe, to be defignated by the curtained, collector, jn the parcel or packages contain- ing the fame, under the care of fome proper officer, until the particulars thereof ihall be examined and afcertained; agreeably to which the duties thereupon fhall be finally adjufted and fatisfied. And in every cafe, if the amount of the duties eflimated, or fecured to be -paid, ihall exceed or fall fliort of the true amount

C 209 3

k>F the duties on the goods, wares or merchan- dize imported, as the fame mall be finally af- certained, the difference (hall be made good, or allowed where there fhall be an excefs, by return of the money, if paid, or credit on the bond which fhall have been given for the fame, if not paid; and where fhall be a deficiency, by payment of fuch deficiency to the faid collec- tor.

Sec. 30. And be it further enaclcd, That infpeasjfg it fhall be lawful for the collector of any dif- J,° boird©£ tri£t at which any fhip or veflel may arrive, and ^m& ua- for the furveyor of any port where any fuch ulniadeu*r fhip or veflel may be, to put and keep on board fuch fhip or veflel, while remaining within fuch diflrict, or ingoing from one diflricl to ano- ther, one or more.infpectors to examine the cargo or contents of fuch fhip or veflel, and to iuperintend the delivery thereof, or of fo much thereof as fhall be delivered within the United States, and to perform fuch other du- ties according to law, as they fhall be directed | by the faid collector or furveyor to perform for the better fecuring the collection of the duties : Provided, That collectors only fhall have power to put on board fhi]3s or veflels, infpectors to go from one diftrict. to another. !'ieir du*

1 . . • ties,

And" the faid infpe&or or infpectors fha!l make known to the perfon having the charge or command of fuch fhip or veflel, the duties he or they is or are fo to perform ; and fhall fuf- fer no goods, wares or merchandize to be lan- ded or unladen from fuch fhip or veifel, with- out a proper permit for that purpofe ; and fhall enter in a book to be by him or each of them kept, the name or names of the perfon or per- forms in whole behalf fuch permit was granted, together with the particulars therein fpecified-, Vol. I. D 2

X 21 0 ^

and the marks, numbers, kinds and defcriptiofils of the refpective packages which (hall be un- and wager, laded purfuant thereto. And the wages or compenfation of fuch infpector or infpectors in going from one diflrict to another, fhall be defrayed by the matter or perfon having the charge of the veflel in wfrich they refpectively go.

Sec. 31. And be it further enacted, That it the'cuftoms "fhall "be lawful for all collectors, naval-officers, & rerenue furveyors, inrpectors, and the officers of the

cutters to J x , . r . ,

20 «n board revenue cutters herein alter mentioned, to go of vefleis, on board of fhips or velfels in any part of the United States, or within four leagues of the coaft thereof, if bound to the United States, whether in or out of their refpective diftricts, for the purpofes of demanding the manifefts 2J5S& aforefaid, and of examining and fearching the fearch. faid mips or veffels ; and the faid officers ref- lectively fhall have free accefs to the cabin, and every other part of a fhip or veifel : and •if -any box, trunk, cheft, calk, or other pack- age, fhall be found in the cabin, fleerage or forecaftle of fuch fhip or veilel, or in any other .place feparate from the refidue of the cargo, it fhall be the duty of the faid officer to take a particular account of every fuch box, trunk, cafe or package, and the marks, if any there be, and a defcription thereof; and if he fhall judge proper to put a feal or feals on every fuch box, cheft, trunk, calk or package ; and fuch account and defcription fhall be by him forwarded to the collector of the diflrict. to which fuch fhip or veifel is bound. And if up- on her arrival at the port of her entry, the boxes, trunks, chefts, cafks or packages fo defcribed, or any of them fhall be miffing, or

C «f i

if the feals put thereon be broken, the mafler Package?. or commander of Inch fhip or veffel fhall for* ^f^e feit and pay for every fucii box, trunk, cheft, mafier to a: cafk or package fo miffing, or of which the pcna ty' feals fhall be broken, two hundred dollars. And it fli all alfo be lawful for the infpe&ors

, , . j. c- •A i c Hatches or

Wiio may be put on board or any imp or vei- refpeaive fel, to fecure after funfet in each evenings . jeffeistoha the hatches and other communications with ter'funfet*" the hold of fuch fhip or veflcl, with locks or other proper faftenings, which faftenings fhall. not be opened, broken or removed, until the morning following, or after the rifmg of the fun, and in prefence of the mfpe£tor or infpec- tors by whom the fame fhall have been affix- ed, except by fpecial licenfe from the chief of- ficer of the port. And if the faid locks or other faftenings, or any of them, fhall be broken ?nd forfsiJ. or removed during the night, or before the. turc for faid rifmg of the fun,, or without the prefence tTem'mthe of the faid infpe&or or infpeftors, the mafter night. or perron having the charge or command of fuch fhip or veifei^ fhall forfeit and. pay the fum of two- hundred dollars.

Sec. 32- And be it further cnaded, That' when the delivery of goods, wares or mer- IhTcargo chandize from, on board, of any fuch fhip or delivered veffel at any port fhall have been completed,, ^r^widl the accounts or entries, which fhall have been the entry kept or made thereof by the officer or officers who fhall have been charged with fuperintend- ing the faid deliveries, fhall be reported to the collector of the diflrict, who, together. with the naval-officer,, where there is one, or alone where there is none, fhall compare the faid ac- counts and entries with the entry or entries, which fhall have been made by the owner or owners, confignee or confi-gnees, his, her or.

[ 2I2 ]

and refuit their factor or agent. And if any difference dorfc/on ^a^ appear, the fame mall be noted by eh- thc entry, dorfement on fuch entry or entries, fpecifying the particulars thereof; and if no difference fhall appear, it mail be noted by like endorfe- ment, that the deliveries have correfponded with the entry ; which endorfement or memo- randum mail in each cafe be fubferibed by the officer or officers by whom fuch comparifen mall have been made, and by the officer or officers under whofe infpection the faid deli- veries (hall have been executed. Goods to be Sec. H'm And be it further enabled, That if

talccn by c •

the coiiec- at the expiration of fifteen working days after tor i j days the fmie within which the report of the mailer

after report r 1 • i t if

made by or perion having the charge or command 01 mafterof ?J1y {]-,jp or velfel, is required to be made to the collector of a diftridt as aforefaid, there fhall be found on board any goods, wares or merchandize, other than mall have been re- ported for fome other cliflrict or a foreign port or place, the faid infpector or infpectors fhall take pofieiiion thereof, and deliver the fame to the order of the collector of the district, tak- ing- his receipt therefor, and giving a certificate thereof to the matter or perfon having/uch charge or command of fuch fhip or veffel, de- icribing the packages and their marks and r,-ho flv.il Runibers. And the faid goods mall be kept

keep ti'icm . o jl

9 months, with due and reafonable care at the charge and and if not Y^ 0£ tjle owner or owners for a term of nine

then claim- . .

ed, to have months ; and ir withm that time no claim be them ap- ma(je for ^q fame the faid collector (hall pro-

praued ana ' 1 r

fold at aue- cure an appraifement thereof by two or more K5j£.y reputable merchants, to be certified under their' ceeds into hands, and to remain with him, and mall af- cj VhTS terwards caufe the faid goods to be fold at pub- ttd states ; lie auction., and retaining the duties and char-

[ 2I3 ]

ges thereon, mall pay the overplus, if any there be, into the treafury of the United States, there to remain for the ufe of the owner or owners, who mall upon due proof of his, her or their property, be entitled to receive the fame ; and the receipt or certificate of the collector mall exonerate the mafter or commander from all claim of the owner. Provided \ That where fuch goods any entry mail have been duly made of fuch "ot ^^ goods, the fame mall not be appraifed ; and if entered, that where fuch goods are of a perifhable na- ^ltaio^;flt ture, they mail be fold forthwith. Provided abienature. further ; That the faid limitation of fifteen days .

mall not extend to mips or veffels laden with 0f 15 days fait or coal : but if the faid mafter or owner of $"?* to ex^

r ■, n • rr , -, . tendtovel-

any men imp or veiiei requires longer time to feis jaden difcharge her cargo, the wages or compenfa- '"'j1^10' tion of the infpeftor for every day's attendance exceeding the faid fifteen days, fhall be paid by the faid mailer or owner. And if by reafon and the ex* of the delivery of a carp-o in different diftriclis, tra wa?ss

JO 7 01 the m-

more than the faid term of fifteen working fpe&Wro days fhall in the whole be fpent therein, the b,e Paid b7 wages or compeniation or the mipector or m- fpeftors who may be employed on board of any fhip or veffel, in refpeel to which the faid term may be fo exceeded, mall for every day of fuch excefs be paid by the faid mafter or owner. ' ,

Sec. 34. And be it further enacled, That if package any package whatever, which fhall have been Sported reported as aforefaid, fhall be wanting and not dikgree-°r found on board fuch fhip or veffel, or if the meat of the goods on board the faid fhip or veffel fhall the cargo, otherwifc not agree with the report »of the ^"^"g

o i iy,c master

mafter or other perfon having the charge or tqa'pepai- command of any fuch fhip or veffel ; in evci-y *?• juch cafe he fhall forfeit and pay the fum of

f 2I4 ]

Allow- ances for the drafts and tare ©f articles.

five- hundred dollars. Provided nc-verthelefsy. That if it fhall be made to appear to the fatif- faction of the collector, naval-officer and fur- veyor, or the major part of them, where thofe officers are eftablifhed at any port, or to the fatisfa&ion of the collector alone where eithar of the faid other officers is not eftablifhed, or in cafe of trial for the faid penalty, to the faT tisfaction of the court, that no part of the car- go of fuch (hip or veffel has been unfhipped fince it was taken on board, except as mall have been fpecified in the faid report, or that the faid difagreement is by accident or miftake ; in fuch cafe the penalty aforefaid fhall not be inflicted.

Sec. 35. And be it further enacled, That the following allowances fhall be made for the drafts and tare of the articles fubject to duty by weight ; that is to fay : For draught on any quantity of one hundred weight, or one hundred and twelve pounds, and under, one pound ; on any quantity above one, and not exceeding two hundred weight, two pounds ; on any quantity above two, and not exceeding three hundred weight, three pounds ; on any quantity above three, and not exceeding ten hundred weight, four pounds ; on any quan- tity above ten, and not exceeding eighteen hundred weight, feven pounds ; on any quan- tity above eighteen hundred weight, nine pounds :, For tare, on every whole cheft of bohea tea, feventy pounds ; on every half- cheft, thirty-fix pounds ; on every quarter- cheft, twenty pounds ; on every cheft of hyfon or other green tea, the grofs weight of which mail be feventy pounds or upwards, twenty pounds ; on every box of other tea, not lefs- than fifty, or more than feventy pounds grofs,,

C i*j 1

Eighteen pounds ; on all other boxes of tea, according to the invoice thereof ; on coffee in bags, two per cent, in bales, three per cent, in calks, twelve per cent. ; on pepper in bales, five per cent, in cafks, twelve per cent. ; on fugars, other than loaf fugar, in cafks, twelve per cent, in boxes, fifteen per cent. ; on all other goods, according to the invoice thereof. Provided' always, That where the original in- voices of any of the faid articles are produced, and the tare or tares appear therein, it fliall be^ lawful, with the confent of the importer or im- porters, confignee or confignees, to eftimate the faid tare or tares according to fuch invoice.

Sec. 36. And be it further enacled, That Allowance there mall be an allowance for leakage of two age. per cent, on the quantity which mail appear by the guage to be contained in any calk of liquors fubjecl to duty by the gallon.

Sec. 3J. And be it further enacted, That if Goods da- any Foods, wares or merchandize, on which ?iaseddur" duties are payable, mall receive damage during age, or not the voyage, or mail not be accompanied with ^"with the original invoice of their coif, it mall be an invoke, lawful for the collector (and upon the requeft tor^fedPt® of the party he is required) to appoint one mer- afcertaim chant, and the owner or confignee to appoint the dutle*» another, who being fworn or affirmed by the collector, well and truly to appraife fuch goods, mail appraife or value them accordingly, and the duties upon fuch goods fliall be eftimated agreeably to fuch appraifement or valuation *. And in refpe& to fuch damaged articles as are charged with a fpecific duty, by number, weight or meafiire, the faid appraifers mail cer- tify what in their judgment would have been their value, in cafe they had not been fo da- maged, and there mail be an abatement in frhe

duty in proportion to the difference in value.

and the ht- Provided, That if the owner or owners, con-

th« collect figftee or confignees of fuch goods not accom-

tor until panied with an original invoice, mall chufe to

arrives, if* wait the receipt thereof, in fuch cafe the laid

the owner collector fh ill take into his cuftody the faid

goods, and fhall keep or caufe the fame to be

kept with due and reasonable care, at the ex-

penfe andrjfk of the party or parties, until the

laid invoice mall arrive, or until the faid party

or parties mall confent to the valuation thereof.

ships or Sec. 38. And be it further enacted. That if

peUed^v1" ailY m*P or ve^ from any foreign port or difh-efs to place, compelled by diilrefs of weather or S?t»Seft other neceffity, fhall put into any port or plr.ee of the United States, not being; deflined for the fame ; and if the mailer or perfon having charge or command of fuch fhip or veiTel, to- gether with the mate or perfon next in com- mand, fliall, within twenty-four hours after her arrival, make proteft in the ufual form upon oath before a notary public, or other perfon duly authorized, or before the collec- tor of the difiricl: where the faid fhip or veflel fliall fo arrive, who is hereby empowered to adminiiler the fame, Setting forth the caufe and circumftances of fuch diftrefs or neceffity, and mail within forty-eight hours after fuch arri- val, make report to the faid collector, of the faid fhip or veiTel and her cargo as in other aidcollec- ca^es« And if it mail be made appear to the tor may faid collector, by the certificate of the wardens SKotm-" °^ tne Port? or other officers ufually charged load their with, and acc.uftom.ed to ascertaining the con- ^rsocs> dition of fhips and veffels arriving in diilrefs, if any fuch there be, or by the certificate of any two reputable merchants, to be named for that purpofe by the faid collstlor, if no fuch

t ^r ]

\,*:is or other officers there be, that there is a iieceility for unlading the laid [hip or vef- fel, the laid collector lhall grant a permit for thai carpofe, and -hall appoint an infpcclor or lnfpedocs to overfee fuch unlading. And ail wiiichfhaH goads io unladen fhall be flared under the di- J^ws recti, >n of the faid collector ; who, upon re- dircdiion,& queil of the mailer or other perfon having ^le^a"^ charge or command of fuch jQiip or vefTe!,. or fo\d..hyiw or" the owner thereof, (hall grant a licence to liccn*<:' difpofe of inch part of the faid cargo as may- be of a perihhable nature (if any there be) or as may be neceifary to defray the expenfes at- tending fuch fliip or vefTel, and her cargo : Pro-vide:!^ That the duties thereupon be ffrft paid. And the faid goods, or the remainder thereof, may afterwards be reladen on board bdo^Vrft the faid ihip or vefTel, and the faid fhip or vef- pa;d< aQd .v

r i j vl ri r , ^r i ' tJ>e refidue

lel may proceed with the lame to , the place r,iaden." of her deft.ination, free from any other charge than for the flaring and fafe -keeping of the faid goods.

Sec. 39. And be it further enaclcd^ That the ad valorem rates of duty upon goods;, Rule % wares and merchandize at the place of impor- ^e^lvl^ tation, fhall be eflimated by adding twenty remotes of per cent, to, the actual coil thereof, if impqr- p^,/eofim- ted from- the Cape of Good Hope, or from pbrtafiifei; any place beyond the fame ; and ten per cent. on the actual coil thereof if imported from any other place or country, exclusive of charges.

Sec. 40. And be it further enabled* That ail „ ,f -

c • t ■ • n n 1 a- Rates effo-

xoreign coins and currencies mail be eihma- reign coin ted according to the following, rates : Eaeh: Currency, pound fterling of Great-Britain, at four dol- lars and forty-four cents ; each iivre tournois 6f France, at eighteen cents and an half; eachf Vol, I. ' E •*

florin or guilder of the United Netherlands, at thirty-nine cents ; each mark banco of Ham- burg, at thirty-three cents and one third ; each rix dollar of Denmark, at one hundred cents ; each rial of plate of Spain, at ten cents ; each milree of Portugal, at one dollar and twenty- four cents ; each pound flerling of Ireland, at four dollars ten cents ; each tale of China, at one dollar forty-eight cents ; each pagoda of India, at one dollar ninety-four cents ; each rupee of Bengal, at fifty-five cents and an half ; and all other denominations of money in va- lue as near as may be to the faid rates.

Sec. 41 . And be H further enacted^ That all p, . , duties on goods, wares and merchandize im-

Ou ties how n y> » #

to be paid ported, mall be paid or fecured to be paid, be- ar fecured. fore a permrt {^3}} be granted for landing the

fame. And where the amount thereof on goods imported in any fliip or veffel, on account of one perfon only, or of feveral perfons jointly interested, mall not exceed fifty dollars, the fame (hall be immediately paid; but where the faid amount fhall exceed fifty dollars, the fame may, at the option of the proprietor or proprietors, confignee or confignees, be ei- ther immediately paid or fecured by bond., with condition for the payment thereof, if ac- cruing upon articles of the produce of the Weft-Indies, in four months ; if accruing on Madeira wines-, in twelve months ; if ac- cruing upon any other goods, wares or mer- chandize, other than teas imported from Chi- na, in fix months ; which bond, at the like op- tion of the faid proprietor or proprietors, con- fignee or confignees, mail either include one or more fureties, to the fatisfaclion of the col- lector of the diftfift where the faid duties fhall* accrue, or fhall be accompanied with a dspofit

[ 2i9 ] in the cuftody of the faid collector, of fo much Dl!ties h"w

r i r ' i i n n • i_ • • i i to be paid

oi me laid goods, as ihall in nis judgment be or fecured. a iuificient fecurity for the amount of the du- ties for which fuch bond mail have been given, and the charge of the fafe-keeping and fale of the goods fo depofited ; which depofit fhall and may be accepted in lieu of the laid furety or fureties, and fhall be kept by the faid col- lector, with due and reasonable care, at the expenfe and rifk of the party or parties on whofe account the fame mall have been made, until the fum fpecified in fuch bond fhall have become due, at which time if fuch fum fhall not be paid, fo much of the faid depofited goods as may be neceffary, fhall be fold at public fale, and the proceeds thereof, after deducting the charges of keeping and fale, mall be applied to the payment of fuch fum, rendering the overplus and the refidue of the faid goods, if any there be, to the perfon or perfons by whom fuch depofit fhall have been made, or to his, her or their reprefentatives. Provided, That no perfon whofe bond for the payment of duties -is due and unfatisfied, fhall be allow- ed a future credit for duties, until fuch bond fhall be fully paid or difcharged.

Sec. 42. Provided always, and be fa-further Teas-lam enacled, That all teas imported from China, ExwInChina may, at the option of the proprietor or con- ma'ybede- fignee thereof, be depofited in the cuftody of caftod/of the collector with whom the fame fhall be coik&or entered, or the duties thereon fecured by conditio^ bond, with one or more fureties, to the fatif- faction of the collector, with condition for the payment of fuch duties within twelve months ; and in cafe of depofiting fuch teas, they mail be kept at the charge of the perfon or perfons .depofiting the fame. And the collector fhall

I 22° ]

deliver fuch teas, or part thereof, from time to time, to the perfon or perfons depofiting the fame, or to his or their order, on payment of the duties for fuch part as may be ib deli-! vered. and not ot.iu.-i wile; and in cafe the whole of the duties (hall not be paid within eighteen months from the time of the entry made, it mail be the duty of the mid collector to mil at public auction fo much of the faid teas as mall be fufBcient to pay the duties then due, together with the charges of fale and fafe keeping, and to return the overplus to the perfon or perfons who mail have depofited fuch teas, or his, her or their reprefentatives ; end for £uch teas as have been imported from China in the prefent year, the owner or con- fignee thereof {hall be entitled to depofit the fame, or to give bond, pavable in like man- ner, and under like regulations, as are herein before directed for teas which (hall hereafter be imported, notwithftanding the duties on fuch teas may have been already fecured to be paid. ■puties on Sec. 4.$. And be it further enaded, That iTpaid t0 tne duties impofed by 'law on the tonnage of Within ten any fh-ip or veflel, iliall be paid to the collec- report has tor by the mailer or perfon having the charge ^eenmadc. or command of fuch (hip or vefTel, within ten days after his report to the faid collector \ and before fuch {hip or veffcl (ball be permit- ted to clear out ; the regifter of which {hip or vefTel ii all at the time of entry be lodged in the office of the collector, and there remain until fuch clearance. And if any fhip or vef- fcl iliall leave, or attempt to leave any diftricl of the United States, without paying the faid duties, the mailer or perfon having the charge or command of the fame ihall forfeit and pay rive hundred dollars.

E 221 3

Sec. 44. And be it further enacted, That to Mode of ■afcertain the tonnage of any fhip or veffel, the afcenam- lurveyor, or men other perion as matt be ap- nageqfany pointed by the collector of the diftrict to mea- vdr^ - fure the fame, (hall, if the faid fhip or veffel be double decked, take the length thereof from the fore part of the main ftem to the after part of the item pod above the upper deck ; the breadth thereof at the broad eft part above the main wales, half of which breadth fha.ll be accounted the depth of fuch veiTel, and mail then deduct from the lerigt'n three fifths of the breadth, multiply the remainder by the breadth, and the product by the depth, and fnall divide this laft product, by ninety-five, the quotient whereof (hall be deemed the true con- tents or tonnage of fuch fhip or veffel. And if fuch (hip or veffel befmgle decked, the faid furveyor or other perfon mail take the length and .breadth as above directed, in refpeet to a double decked fhip or veffel, mall deduct from the faid length three fifths of the breadth, and taking the depth from the under fide of fhe . deck plank to the deling m the hold, mall multiply and divide as aforefaid, and the quo- tient fhall be deemed the tonnage of fuch fhip or veffel.

Sec. 45. And be it further enacledj That „• ' where any bond for the payment of duties fnall duties,.Uow not be fatisfied on the day it became due, the collector mail forthwith caufe a proiecution to be commenced for the recovery of the money thereon, by action or fuit at law, in the pro- per court having cognizance thereof ; and in all cafes of infolvency, or where any eftate in the hands of executors or administrators mall be mfufhoient to pay all the dgbt§. due from

to 1

feci

to be for

ft i ted

[ 222 ]

the deceafed, the debt due to the United States, on any fuch bond, fhall be firft fatisfied. Goods en- Sec. 46. And be it further enacled, That if tered and any goods, wares or merchandize, of which invoice, entry mail have been made in the office of a collector, fhall not be invoiced according to the actual coil thereof at the place of expor- tation, with defign to evade the duties there- upon, or any part thereof, all fuch goods, wares or merchandize, or the value thereof, to be recovered of the perfon making entry, mall be forfeited. And in every cafe in which the faid collector mall fufpect that any fuch goods, wares or merchandize, are not invoiced at a fum equal to that for which they have ufually been fold in the place or country from whence they were imported, it mall be the du- ty of fuch collector to take the faid goods, wares and merchandize into his poffefiion, and retain the fame, with reasonable care, at the rifk and expenfe of the owner or owners, con- fignee or confignees thereof, until their valus Hew to be at the time and place of importation fhall be td. afcertamed by two reputable merchants, to be

chofen and appointed as in the cafe of damag- ed goods, cr goods not accompanied with an invoice ; and until the duties arifmg ac- cording to fuch valuation fhall be firft paid, or fecured to be paid, as required by this act in other cafes of importation : Provided, That in cafe of a profecution for the forfeiture afore- faid, fuch appraifement fhall not be conilrued to exclude other proof upon the trial, of the actual and real cofl of the faid goods at the faid place of exportation. r - Sec. 47. And be it further cnacled, That it pecting fnall be lawful for the collector or other of-- iraudmay ^ Qf ^ cuft-oms after entry made of any

examine ' m J r r . , Jc

packages, goods, wares or merchandize, on fufpicion ol

[ 223 ]

fraud, to open and examine in the prefence of two or more reputable merchants, any pack- age or packages thereof ; and if upon exami- nation they mall be found to agree with the entries, the officer making fuch leizure fhall caufe the lame to be repacked, and delivered to the owner or claimant forthwith ; and the expenfe of fuch examination mall be paid by the laid colleclcr or other officer, and allowed in the fettlement of his account^ ; but if any of the packages fo examined fhall be found to differ in their contents from the entry, then the poods, wares or merchandize contained in fuch package or packages fhall be forfeited : Pro- vided, That the faid forfeiture fhall not be in- curred, if it mail be made appear to the fatif- faclion of the colleftor and naval-officer of the diflrict where the fame fhall happen, if there- be a naval-officer, and if there be no naval- officer, to the fatisfaction of the faid collector, or of the court in which a profecution for the forfeiture fhall be had, that fuch difference proceeded from accident or miflake, and not from an intention to defraud the revenue.

Sec. 48. And be it further enabled, That Dutiab every collector, naval-officer and furveyor, or s°°^\ other perfon fpecially appointed by either of to.b'e them for that purpofe, fhall have full power fea«>ed and authority to enter any fhip or veffel in c'ureti. which they fhall have reafon to fufpecl any goods, wares or merchandize fubjecl to duty fhall be concealed ; and therein to fearch for, feize and fecure any fuch goods, wares or mer- chandize. And if they fhall have caufe to fuf- peit a concealment thereof in any particular dwelling-houfe, ftore, building or other place, they or either of them mall upon application on oath to any juftice of the peace, be entitled

corr- ceaLu,how

C ^4 ]

to a warrant to enter fuck houfe, ftore or othc:

place (in the day time only) and there to fearch

for fueh goods, and if any (hall be found, to

ieize and feenre the fame ibr trial : and all

fuch goods, wares and merchandize, on which

the duties ffiall not have been paid or fecured,

ihall be forfeited.

CoilecW Sec. 49. And be it further cnacl.ed. That all

totakecuf- goods, wares and merchandize which (hall be

loJd5°ieiz- ieized by virtue of this act, Ihall be put into

*«*. • and remain in the cuftody of the collector or

fuch other perfon as he Ihall appoint for that

purpofe, until fuch proceedings ihall be had as

by this act are required, to afcertain whether

the fame have been forfeited or not ; and if it

fhall be adjudged that they are not forfeited

they ihall be forthwith reftored to the owner

„ ,, t or owners, claimant or claimants thereof. And

Pen alt v for . J _

concealing if any perfon or perfons mail conceal or buy °rodsTub- anY g00^8? wares or merchandize, knowing jevTc to du- them to be liable to feizure by this act, ft ich ty' perfon or perfons fhall, on conviction thereof,

forfeit and pay a fum double the value of the goods fo concealed or purchafed.

Sec. 50. And be it further enacled, That it

S?Ske ^a^ ^e t^le ^Uty °* t^lQ ^everal officers of the

fcizure in cuftoms to make feizure of, and fecure any

ftnydiftriA. £hip or veffel, goods, wares or merchandize,

which ihall be liable to feizure by virtue of

this act, as well without as within their refpec-

tive diftrifts.

Sec. 51. And be it further enabled^ That if

officers fu- any 0fgcel- Dr other perfon, executing or aid-

kfted may ing and affiiting in the feizure of goods, mail

p^ead this ke :ruej or j^olefted for any thing done in

• virtue of the powers given by this act, or by

virtue of a warrant granted by any judge or

juftice purfuant to law, fuch officer or other

I 225 ]

<perfon may plead the general iflue, and give this aft and the fpecial matter in evidence ; and if in fuch fuit the plaintiff be non-fuited, or judgment pafs againft him, the defendant mall recover double coft ; and in actions, fuits or information to be brought, where any feizure fhall be made purfuant to this aft, if the property be claimed by any perfon, in ■every fuch cafe the onus probandi (hall be upon fuch claimant. And if any perfon fhall forcibly Penalty for refift, prevent or impede any officer of the ™p«i»>g cuitoms, or their deputies, or any perlon ai- the execu- fifting them in the execution of their duty, Jjon°M«r fuch perfon fo offending, fhall for every of- fence be fined in a fum not exceeding four hundred dollars.

Sec. 52. And be it further enacled, That eve- Coiieacws, ry collector, naval-officer and furveyor fhall, "^sa&°|^._ within three months after he enters upon the veyors to execution of his office, give bond with one or ^ondVfor more fufficient fureties, to be approved of by perform- the comptroller of the treafury of the United j^ce of du~ States, and payable to the faid United States, with condition for the true and faithful dif- charge of the duties of his office according to law ; that is to fay : The collector of Phila- delphia, in the fum of fixty thoufand dollars : The collector of New- York, fifty thoufand dollars : The collector of Boflon and Charlcf- town, forty thoufand dollars : The collectors of Baltimore, and Charlefton, thirty thoufand dollars each : The collector of Norfolk and Portfmouth, fifteen thoufand dollars : The col- lectors of Portfmouth in. New-Hampfhire, of Salem and Beverly, Wilmington in the flate of Delaware, Annapolis, Georgetown in Mary- land, Bermuda-hundred and City-point, Alex- andria, Wilmington, Newbern and Edenton in

Vol. I. Fa

[ 226 J

the ftate of North-Carolina, Newport and Pro- vidence in the {late of Rhode-Ifland and Pro- vidence Plantations, ten thoufand dollars each: The colle&ors of Newburyport, Gloucester, Marblehead, Plymouth, Nantucket, Portland and Falmouth, New-London, New-Haven, Fairfield, Perth- Amboy, Yorktown, Dumfries, Wafhington and Cambden, Georgetown in South- Carolina, Beaufort, and Savannah, each five thoufand dollars : And all the other col- lectors in the fum of two thoufand dollars each. The naval-officers for the ports of Bof- ton and Charleftown, New- York, Philadel- phia, Baltimore, and Charlefton, ten thoufand dollars each ; and all the other naval-officers in the fum of two thoufand dollars each. The furveyors of the ports of Boflon and Charlef- town, New- York, Philadelphia, Baltimore, and Charlefton, five thoufand dollars each ; and all other furveyors one thoufand dollars each. Which bonds mall be filed in the office of the faid comptroller, and be by him feve- rally put in fuk for the benefit of the United States, upon any breach of the condition there- of. And as no provifion has been heretofore fpecially made concerning the officers of the cuftoms who may have been heretofore ap- pointed in and for the dates of North- Caroli- na, and Rhode-Ifland and Providence Planta- tions ; the faid officers refpectively (hall, with- in four months after the palling of this aft, give bond with proper furety or fureties, in conformity to the provifion aforefaid. Their fees Sec. 53. And be it further enaftedj That fL°?n& tnere &atf be allowed and paid to the collec- tors, naval-officers and furveyors to be ap- pointed purfuant to this a£t, the fees and per centage following ; that h to fay : To each

per cent

are.

[ 227 ]

colle&or fpr every entrance of any fhip orvef- fel of one hundred tons burthen or upwards, two dollars and an half; for every clearance of any fhip or veffel of one hundred tons bur- then and upwards, two dollars and an half; for every entrance of any fhip or veffel under the burthen of one hundred tons, one dollar and an half ; for every clearance of a fhip or veffel under one hundred tons burthen, one dollar and an half; for every permit to land goods, twenty cents ; for every bond taken officially, forty cents ; and for every permit to load goods for exportation, which are entitled to a drawback, thirty cents ; for every official certificate, twenty cents ; for every bill of health , twenty cents ; for every other official document (regifters excepted) required by the owner or matter of any veffel not before enu- merated, twenty cents : and where a naval- officer is appointed to the fame port, the faid fees fhall be equally divided between the col- FcesofcQj. lector and the faid naval- officer, the latter pay- kaors.na, ing one«third of the expence of neceffary fla- andfSvcy8. tionary, and of the rent of an office to be pro- ors. vided by the collector, at the place afligned for his refidence, and as conveniently as may be for the trade of the diftrict : and all fees fhall, at the option of the collector, be either received by him or by the naval-officer, the party receiving to account monthly with the other for his proportion or fhare thereof. To each furveyor for the admeafurement of every fhip or veffel of one hundred tons and under, one cent per ton ; for the admeafurement of every fhip or veffel, above one hundred tons, and not exceeding two hundred tons, one hun- dred and fifty cents ; for the admeafurement of every fhip or veffel above two hundred tons^

[ 228 ]

infpe<aorg, two hundred cents ; for all other fervices by weighers ' this aft to be performed by fuch furveyor, on and gua- board any fhip or veflel of one hundred tons

gers, their ' 3 1 1 •

pay & fees, and upwards, and having on board goods, wares and merchandize fubject to duty, three , dollars ; for the like fervices on board any (hip or veflel of lefs than one hundred tons bur- then, having on board goods, wares and mer- chandize fubjecl; to duty, one and an half dol- lar ; on all veffels not having on board goods,, wares and merchandize fubjecl: to duty, two thirds of a dollar ; all which fees lhall be paid by the matter or owner of the fhip or veflel in which the faid fervices fhall be performed, to the furveyor by whom they fhall be performed, if performed by one only for his fole benefit, but if performed by more than one, to him who fhall have the firft agency, to be divided in equal parts between him and the other or others by whom the faid fervices fhall be per- formed. To each infpector there fhall be al- lowed for every day he fhall be actually em- ployed in aid of the cuftoms, a fum not ex- ceeding one dollar and twenty-five cents, to be paid by the collector out of the revenue, and charged to .the United States. To the meafurers, weighers and guagers refpectively, to be paid by the collector out of the revenue for the meafurement of every one hundred bulhels of grain, thirty cents ; for the meafure- ment of every one hundred bufhels of fait, forty cents ; for the meafurement of every one hundred bufliels of coal, fifty cents ; for the weighing of every one hundred and twelve pounds, two cents ; for the guaging and mar- king of every cafk (to be marked in durable characters with his own name and the quan- tity) eight cents ; for computing the contents

[ 229 ]

of, and (if requefted by the party) marking cafes containing diftilled fpirits and wines, three cents per cafe ; for counting the number of bottles of cyder, beer, ale or porter, one cent per dozen ; and in proportion for any greater or lefs quantity. There mail moreover be allowed to the collectors of the diftricts of New- York and Philadelphia, three fourths of one per centum on the amount of all monies by them refpectively received on account of duties ; and to the collector of each of the other diflricts by this act eftablifhed, one per centum on the amount of all monies by them reflectively received on the faid account of duties.

And whereas the allowances aforefaid will not afford an adequate compenfation to the of- ficers herein after mentioned, by reafon of the fmall proportion of bufmefs done at the ports to which they refpectively belong, although the faid officers are neceffary to the accomoda- tion of theinhabitants,the facility of commerce, and the fecurity of the revenue. Therefore,

Sec. 54. Be it further enacled^ That in ad- Special ai- dition to the fees and emoluments which mail revenue o& accrue to the faid officers from the provifions ficers. of aforefaid, they ihall feverally have and be en- ports. titled to the refpective allowances following ; to wit : The collector of the diftricls of Saint Mary's in the flate of Georgia, Brunfwick, Beaufort, South Quay, Cherryftone, Folly Landing, Annapolis, Yeocomico, SaintMary's, Oxford, Sagg-Harbour, Paffamaquody, the yearly fum of one hundred dollars each. The collectors of the diitricts of Sunbury and Pe- nobfcot in MafTachufetts, the yearly fum of fixty dollars each. The collectors of the dif- tricls of Hampton, S;iowhill, Bridgetown,

[ 230 ]

Burlington, FrenchmanVBay,andEdgartowTi, the yearly fum of fifty dollars each. The fur- veyors of the ports of Frederickfburg, Smith- field, Port-Royal, Suffolk, Weft-Point, Rich- mond, Peterfburg and Little Egg-Harbour, the yearly fum of eighty dollars each. The furvey- ors of the ports of Swanfborough, Urbanna, Town-Creek, Albany, Hudfon, Stonington, Eaft-Greenwich, and Gloucefter, fifty dollars each.

Coifctfors, Sec. 5$. And be it further enabled, That naval offi- every collector, naval-officer, and furveyor, veyors to" fraM caufe to be affixed and conflantly kept fet up table in fome public and confpicuous place of his office, a fair table of the rates of fees and du- ties demandable by law, and mall give a re- ceipt for the fees he mall receive, fpecifying the particulars ; and in cafe of failure therein, mail forfeit and pay one hundred dollars, to be recovered with cofls, in any court having cognizance thereof, to the ufe of the inform- er ; and if any officer of the cuftoms mall de- penaity for mand or receive any greater or other fee, corn- demanding penfation or reward, for executing any duty otherCfeeSr. or fervice required of him by law, he fhall forfeit and pay two hundred dollars for each offence, recoverable in manner aforefaid for the ufe of the party grieved.

Rates of $ec. 5 6. ^nd be it further enacted^ That

coin for re- the duties and fees to be collected by virtue of

ST& fa»i tn*s a<^' ma^ be Payable m g°ld or ^llver com» at the following rates ; that is to fay : The gold coins of France, England, Spain and Portu- gal, and all other gold coins of equal flnenefs, at eighty-nine cents for every pennyweight : The Mexican dollar at one hundred cents : the crown of France at one dollar and devtn cents ) the crown of England at one dollar

[ m ]

and eleven cents ; all filver coin of equal fine- nefs, at one dollar and eleven cents per ounce; and cut filver of equal finenefs, at one dollar and fix cents per ounce.

Sec. si- An<* he it further enafied, That JJjgJ** all the drawbacks allowed by law on the ex- abi^ portation of goods, wares and merchandize imported, mall be paid or allowed by the col- lector at whofe office the faid goods, wares and merchandize were originally entered, and not otherwife, retaining one per centum for the benefit of the United States. And that the allowances on dried and pickled fiih of the fimeries of the United States, and on falted provifions oi the United States, mall be paid by the collector of the difhricTt from which the fame mall be exported, without any deduc- tion or abatement.

Sec. 58. Provided always, and be it further enatfed, That in order to entitle the exporter SlftoweSt or exporters of any goods, wares or merchan- dize, to the benefit of the faid drawbacks or allowances, he or me mall, previous to put- ting or lading the fame on board of any fhip or veilel for exportation, give twenty-four hours notice at lead to the collector of the dif- tricl: from which the fame are about to be ex- ported, of his, her or their intention to export the fame, and of the particulars thereof, and of the calks, cafes, chefts, boxes and other packages or parcels containing the fame, or of which the fame confift , and of their refpec- tive marks, numbers and contents, and if im- ported articles, of the fhip or mips, velfel or veffels in which the perfon or perfons for or by whom, and the place or places from which they were imported. And in refpecl to the faid imported articles proof mall be made to

Z 232 ]

the fatisfa&ion of the faid colle&or, by the oaths of the perfon or perfons (including the Drawbacks faid exporter or exporters) through whofe aliped.0 hands the faid articles fhall have paffed, ac* cording to the befl of their knowledge and belief, refpecting the due importation of the faid articles according to law, and in confor- mity to fuch notice of their identity, and of the payment or fecuring the payment of the duties thereupon. And in refpeel: to the faid dried and pickled fifh and falted provifions^ proof ihall be made to the fatisfaclion of the laid colle&or, according to the circumflances of the cafe, that the fame, if fifh, are of the fTfheries of the United States ; if falted pro- vifions, were falted within the United States. And the faid collector fhall infpeel: or caufe to be infpe&ed, the goods, wares or merchandize fo notified for exportation ; and if they fhall be found to correfpond with the notice and proof concerning the fame, the faid collector fhall grant a permit for lading the fame on board the fhip or veffel named in fuch notice, which lading Ihall be performed under the fu- perintendance of the officer by whom the fame ihall have been fo infpe&ed. And the faid ex- porter or exporters fhall alfo make oath that the faid goods fo noticed for exportation, and laden on board the faid fhip or veffel, are truly intended to be exported to the place whereof notice fhall have been given, and are not in- tended to be relanded within the United States ; and fhall give bond, with one or more fureties to the fatisfaciion of the faid collector, in a fum equal to the amount of the draw- . backs or allowances on fuch goods, with con- dition that the faid goods, or any part there- of, fhall not be relanded in any port or place

C m 3

within the limits of the United States as fettled by the late treaty of peace.

And provided further, That the faid draw- backs or allowances mall not be paid until at lead fix months after the exportation of the ^p0"*"

r tion or

faid goods, and until the laid exporter or ex- goods ea- porters mall produce to the collector with ^wtack whom fuch outward entry is made, a certifi* how to be cate in writing of two reputable merchants at Proved- the foreign port or place in which the fame were landed, together with the oath of the mafter and mate of the veffel in which they were exported, certifying the delivery thereof. But in cafe any veffel mall be call away, or meet with fuch unavoidable accidents as to prevent the landing fuch goods, a proteft in due form of law, made by the mafter and mate, or fome of the feamen, or in cafe no fuch pro- teft can be had, then the oath of the exporter or exporters, or one of them, fhall be re- ceived in lieu of the other proofs herein di- rected, unlefs there fhall be good reafon to fufpecl: the truth of fuch oath, in which cafe it mall and may be lawful for the collector to require fuch farther proof as the nature of the cafe may demand.

Provided la/ily, That no goods, Wares or No aw* merchandize imported, mall be entitled to a edSfsTt drawback of the duties paid or fecured to be amounts to paid thereon, unlefs fuch duties fhall amount [aVrs"tydQ^ to twenty dollars at leaft ; nor unlefs they fhall be exported in the fame cafks, cafes, chefts, boxes or other packages, and from the diftricl: or port into which they were originally im- ported.

Sec. 59. And be it further enafled, That the fums allowed to be paid Dy law on the expor- tation of dried or pickled fifh, and ©f falted

Vol, I. G 2

C 234 1

Goods en- titled to drawback or allow- ance, to be forfeited- i f landed af- ter entry- made.

*?r°n, provifions, fhall not be paid unlefs the fame

pickled £ ,, , , ,f i a '

Ifh, &c. inall amount to three dollars at iealt upon one

except it entry# amount to J

three doi- Sec. 6o. And be it further entitled, That if any goods, wares or merchandize, entered for exportation, with intent to draw back the du- ties, or to obtain any allowance given by law on the exportation thereof, fhall be landed in any port or place within the limits of the United States as aforefaid, all fuch goods, wares and merchandize, (hall be fubjeeT: to feizure and forfeiture, together with the~fhip or veffel from which fuch goods fhall be land- ed, and the veffels or boats ufed in landing the fame ; and all perfons concerned therein, fhall on indictment and conviction thereof, fuffer imprifonment for a term not exceeding fix months. And for difcovery of frauds, and fei- zure of goods, wares and merchandize, re- landed contrary to law, the feveral officers eftabliihed by this act, mail have the fame powers, and in cafe of feizure the fame pro- ceedings fhall be had, as in the cafe of goods, wares and merchandize imported contrary to law : And for meafuring, weighing or gaug- ing goods for exportation, the fame fees fhall be allowed as in like cafes upon the importa- tion thereof.

r r Sec. 6i. And be it further enacled, That if may give any goods, the duties upon which fhall have been fecured by bond, fhall be re-exported by the importer or importers thereof, and if the faid bond fhall become due before the ex- piration of the time herein before limited for payment of the drawback upon fuch goods, it fhall be lawful for the collector of the dif- tridt from which the faid goods fhall have been exported, to give farther credit for fa

further cie- dit oa bonds m eaies of exporta- tion.

[ *35 ]

much of the fum due upon fuch bond, as fhall be equal to the amount of the faid drawback, until the expiration of the faid time limited for payment thereof.

And the better to fecure the collection of the faid duties,

Sec. 62. Be it further enafled, That the Precdent Prefident of the United States be empower- may order ed to caufe to be built and equipped, fo ma- £c biSfe." ny boats or cutters, not exceeding ten, as may be necefiary to be employed for the pro- tection of the revenue^ the expenfe whereof mall not exceed ten thoufand dollars, which mail be paid out of the product of the duties on goods, wares and merchandize, imported into the United States, and on the tonnage of fhips or veffels.

Sec. 63. And be it further enacted, That Ho h there mail be to each of the faid boats or cut- officered & ters, one mailer, and not more than three manned- mates, firft, fecond, and third, four mariners and two boys ; and that the compenfations and allowances to the faid officers, mariners and boys refpe&ively, mall be, to the matter thirty dollars per month, and the fubfiftence f,?^ *«£!"" of a captain in the army of the United States ; to a firft mate twenty dollars per month, to a fecond mate fexteen dollars per month, to a third mate fourteen dollars per month, and to every mate the fubfiftence of a lieutenant in the laid army ; to each mariner eight dollars per month, to each boy four dollars per month ; and to each mariner and boy the fame ration of provifions which is or fhall be allowed to a foldier in the faid army. The faid allowances for fubfiftence to be paid in provifions or mo-

C 236 3

ney at the contract prices, at the option of the Secretary of the Treafury.,

and to be ,C*ec* *H« And be it further enaFted, That the appointed officers of the faid boats or cutters, (ball be futent ?re" appointed by the Prefident of the United States, and fhall reflectively be deemed officers of the Theirduty. cuftoms, and fhall have power and authority to go on board of every fhip orvefTel which fliall arrive within the United States, or with- in four leagues of the coaft thereof, if bound for the United States, and to fearch and ex- amine the fame and every part thereof, and to demand, receive and certify the manifefts herein before required to be on board of cer- tain mips or vefTels, and to affix and put pro- per faftenings on the hatches and pfther com- munications with the holds of (hips or vefTels, and to remain on board the faid fhips or vef- Tels until they arrive at their places of deflinar don.

Sec. 6$. And be it further enafled, That the

Coiie&ors collectors of the refpective diftricts may, with

piny row" the approbation of the Secretary of the Trea-

feoats. fury, provide and employ fuch fmall open row

and fail boats in each diflrict, together with

the requifite number of perfons to ferve in

them, as fhall be necefTary for the ufe of the

furveyor? and inTpectors in going on board of

ihips and vefTels and otherwife, for the better

detection of frauds ; the expenfe of which

fliall be defrayed out of the product of duties.

Sec. 66. And be it further enaffed, That if

Jfficer7r°e° any officer of tne cufloms fhall directly or fn-

ceiv.inga directly take or receive any bribe, reward or

con^vLr recompenfe for conniving, or fliall connive at

at a faife any falfe entry of any fhip or vefTel, or of any

mrY'° U00^* wares or merchandize, and fhall be

C *37 ]

thereof convicted, every fuch officer mall for- feit and pay a fum not lefs than two hundred, nor more than two thoufand dollars for each offence ; and any perfon giving or offering any bribe, recompenfe or reward for any fuch deception, collufion or fraud, fliall forfeit and pay a fum not lefs than two hundred, nor more than two thoufand dollars for each offence. And in all cafes where an oath is by this aft 0n mafters required from a mafler or other perfon having ofveffeisor

1 1 r n • rr -i r others who

command or a imp or vellel, or rrom an owner fhaiitake a .or confignee of goods, wares and merchandize, falfe °ath- his or her factor or agent, if the perfon fo fwearing (hall fwear falfly, fuch perfon fhall, <on indictment and conviction thereof, be pu- nifhed by fine or imprifonment, or both, in the difcretion of the court before whom the .conviction fhall be had, fo as the fine fhall not .exceed one thoufand dollars, and the term of imprifonment fhall not exceed twelve months.

Sec. 6y. And be it further enacletf, That all Mode, of penalties accruing by any breach of this act, ^^ecove"^ fhall be fued for and recovered with cofls of »?g penai- fuit, in the name of the United States of Ameri- fdtmes^" :ca, in any court proper to try the fame, and the trial of any fact which may be put in if- fue, fliall be within the judicial diflrict in which any fuch penalty fliall have accrued, and the collector, within whofe diflrict the feizure fliall be made, is hereby authorized and directed to caufe fuits for the fame to be commenced and profecuted to effect, and to receive, distribute and pay the fum or fums recovered, after firfl deducting all neceffary cofls and charges, ac- cording to law. And that all fhips or veffels, goods, wares or merchandize, which fhall be- come forfeited by virtue of tl^is act, fhall be (eized, libelled and profecuted as aforefaid, in

[ *3S 3

Mode of t^ie ProPer c°urt having cognizance thereof; profecuting which court fhall caufe fourteen days notice i'I«Rpaui- t0 ^e givcn °f mch feizure and libel, by cau- ejes & for- fmg the fub fiance of fuch libel, with the order iuxurti. 0£ foe court thereon, fetting forth the time and place appointed for trial, to be inferted in fome newfpaper, publifhed near the place of feizure, and alfo by porting up the fame in the moil public manner for the fpace of four- teen days, at or near the place of trial, for which advertifement a fum not exceeding ten dollars fhall be paid ; and proclamation {hall •be made in fuch manner as the court fhall di- rect ; and if no perfon fhall appear to claim fuch fhip or vefiel, goods, wares or merchan- dize, the fame fhall be adjudged to be forfei- ted ; but if any perfon fhall appear before fuch judgment of forfeiture, and claim any fuch fhip or vefTel, goods, wares or merchandize, and fhall give bond to defend the profecution thereof, and to refpond the coft in cafe he fhall not fupport his claim, the court fhall proceed to hear and determine the caufe according to law : And upon the prayer of any claimant to the court, that any fhip or veffel, goods, wares or merchandize fo feized and profeeu- ted, or any part thereof mould be delivered to fuch claimant, it fhall be lawful for the court to appoint three proper perfons to ap- praife fuch fhip or veffel, goods, wares or mer- chandize, who fhall be fworn in open court for the faithful diicharge of their duty ; and fuch appraifement mail be made at the expence of the party on whofe prayer it is granted ; and on the return of fuch appraifement, if the claimant fhall, with one or more fureties, to be approved of by the court, execute a bond in the ufual form, to the United States, for

C ^39 ]

the payment of a fum, equal to the fum at ,, . ,

u- u u n.- /r 1 ^ 7 Moc,e of

which the imp or veilel, goods, wares or mer- pnufecuting chandize, fo prayed to be delivered, be ap- * rec°^l~ praifed, the court mall by rule, order fuch ties & for- fhip or veifel, goods, wares or merchandize, f61tures- to be delivered to the faid claimant, and the faid bond fhall be lodged with the proper of- ficer of the court ; and if judgment lliall pafs in favor of the claimant, the court fhall caufe the faid bond to be cancelled ; but if judg- ment fhall pafs againfl the claimant, as to the whole or any part of fuch fhip or veifel, goods, wares or merchandize, and the claimant fhall not within twenty days thereafter, pay into the court the amount ©f the appraifed value of fuch fhip or veifel, goods, wares or merchan- dize fo condemned, with the cofts, the bond fhall be put in fuit. And when any profecu- tion ihall be commenced on account of the feizure of any fhip or veifel, goods, wares or merchandize, and judgment Ihall be given for the claimant or claimants ; if it fhall appear to the court before whom fuch profecution. fhall be tried, that there was a reafonable caufe of feizure, the fame court fhall caufe a proper certificate or entry to be made thereof, and in fuch cafe the claimant fhall not be entitled to cofts, nor fhall the perfon who made the fei- zure, or the profecutor be liable to action, fuit or judgment, on account of fuch feizure or profecution. Provided, That the fhip or vef- fel, goods, wares or merchandize, be after j-udgment, forthwith returned to fuch claimant or claimants, his, her or their agents : And provided, That no action or profecution fhall be maintained in any cafe under this act, un- lefs the fame fhall have been commenced, with-

Veflels or goods coil' demned, how to l)C fold.

Appropri- ation of lines, pe- nalties & forfeitures.

[ 240 3

m three years next after the penalty or for- feiture was incurred.

Sec. 68. And be it further enacled, That all fhips, veffels, goods, wares or merchandize, which fhall be condemned by virtue of this act, fhall be fold by the proper officer of the court in which fuch condemnation fhall be had, to the highefl bidder at public auction, by order of fuch court, and at fuch place as the court may appoint, giving at lealt fifteen days notice (except in cafe of perifhable goods) in one or more of the public newfpapers of the place where fuch fale fhall be, or if no pa- per is publifhed in fuch place, in one or more of the papers publifhed in the nearer! place thereto, for which advertifing a mm not ex- ceeding five dollars fhall be paid.

Sec. 69. And be it further enacted. That all penalties, fines and forfeitures, recovered by virtue of this act, (and not otherwife appro- priated) fhall, after deducting all proper cofls and charges, be difpofed of as follows : One moiety fhall be for the ufe of the United States, and paid into the treafury thereof; the other moiety fhall be divided into equal parts, and paid to the collector and naval-officer of the diflrict, and furveyor of the port wherein the fame fhall have been incurred, or to fuch of the faid officers as there may be in the faid diitrict; and in diftricts where only one of the aforefaid officers fhall have been eftablifhed, the faid moiety fhall be given to fuch officer : Provided neverthelefs, That in all cafes where fuch penalties, fines and forfeitures fhall be recovered in purfuance of information given to fuch collector, by any perfon other than the naval-officer or furveyor of the diflrict, the one half of fuch moiety fhall be given to the in-

I 141 ]

ferrner, and the remainder thereof fhall be difpofed of between the collector, naval- offi- cer and furveyor or furveyors, in manner aforefaid.

Sec. 70. And be it further enatl:ed, That D^a&

1 it c c goods 01 10-

no goods, wares or merchandize or foreign fCign growth or manufacture, fubjeft to the pay- srow^ or ment of duties, fhall be brought into the ture United States from any foreign port or place broug])t_in-

J o r r totheUm-

m any other manner than by fea, nor m any ted States, fhip or vefFel of lefs than thirty tons burthen, ^p^7itt except within the diftrift of Louifville, nor certain vef- fhall be landed or unladen at any other place ^^%g than is by this act directed, under the penalty fekure. of feizure and forfeiture of all fuch verTels, and of the goods, wares or merchandize brought in, landed or unladen, in any other manner; And all goods, wares and merchan- dize brought into the United States by land, contrary to this ad, (hall be forfeited, toge- ther with the carriages, horfes and oxen that fhall be employed in conveying the fame j provided nothing herein fhall be conftrued "to extend to houfehold furniture and cloathing, belonging to any perfon or perfons- actually removing into any part of the United States, for the purpofe of becoming an inhabitant or inhabitants thereof.

Sec. 71. And be it further entitled, That coiie<aor» all matters by this aft directed to be done to ^ art b" or by the collector of a diftrift, fhall and may be done to and by the perfon who in the cafes fpecified in this aft is or may be authorized to act in the place or (lead of the faid collector.

Sec. 72. And be it further enacled, That Affirm*. wherever an oath is required by this aft, per- [^™^_be fons confcientiouily fcrupuloua mall be per- Head of an mitted to afnrm. oath*

Vol. I. H 2

C 242 ]

VefTck gec# j„ And be it further enacled. That

bound to '*> J »

foreign tne maker or perion having the charge or ports to command of a (hip or veffel bound to a fo- nifeftsof reign port or place, ihall deliver to the col- riuircar- iegor 0f the diftrici: from which fuch fhip or veffel mall be about to depart, a manifeft of the cargo on board the fame, and mail make oath or affirmation to the truth thereof, where- upon the faid collector ihall grant a clearance for the faid fbip or veffel, and her cargo, but without fpecifying the particulars thereof, un- lefs required by the faid mailer or perfon hav- Penaky for ing faid charge or command. And if any (hip dcaran«. or ven^ bound to a foreign port or place, mail depart on her voyage to fuch foreign port or place without fuch clearance, the faid mafter or perfon having the faid charge or command, fhall forfeit and pay the fum of two hundred dollars for fuch offence. Formera&s . Sec. 74. And be it further enacled, That repeaka. ajrter ^ ^^ ^ ^ Oclober next, the aft,

intituled, " An acl to regulate the collection of the duties impofed by law on the tonnage of mips or veffels, and on goods, wares and merchandizes imported intotheUnitedStates,,, and alfo all other acls or parts of acts coming within the purview of this acl, fhall be repeal- Exceptions, ed, and thenceforth ceafe to operate, except as to the continuance of the officers appointed in purfuance of the faid acl ; except alfo as to the recovery and receipt of fuch duties on goods, wares and merchandize, and on the tonnage of fhips or veffels, as fhall have ac- crued, and as to the payment of drawbacks and allowances in lieu thereof, upon the ex- portation of goods, wares or merchandize which fhall have been imported, and as to the recovery and diftribution of hues, penalties

ruble of lluffia.

[ 243 ]

and forfeitures which {hall have been incurred before or upon the laid day, fubject neverthe- lefs to the alterations contained and expreiTed in this prefent act.

And whereas by the act, intituled, «' An Pcclara-

J ? * m tion re-

act to regulate the collection of the duties im- fpe&iogthe pofed by law on the tonnage of fhips or vef- fels, and on goods, wares and merchandizes imported into the United States," it was de- clared that the ruble of Ruffia mould be rated at one hundred cents, and by the act, intitu- led, " An act to explain and amend an act, intituled, " An act for regiftering and clear- ing veffels, regulating the coailing trade, and for other purpofes," that part of the laid firft mentioned act which fb rated the ruble of Ruilia was repealed and made null and void. And whereas it is doubted whether the faid repeal can operate with refpect to duties in- curred prior thereto, as was intended by Con- grefs :

Sec. J $. Therefore be it enacled and declared. That the faid repeal fhall be deemed to ope- rate in refpect to all duties which may have arifen or accrued prior thereto.

FREDERICK AUGUSTUS MUHLENBERG,

Speaker of the Houfe of Reprefentatives.

JOHN ADAMS, Vice-Prefident of the United

States, and Prejident of the Senate. Approved, Auguft the fourth, 1790: GEORGE WASHINGTON, Prejident of the United States \

C 244 ]

CHAPTER XXXVI.

J.n Ad; to continue in Force for a limited Time, an Acl, intituled ', " An Acl for the tempo- rary Fftablifnment of the Pofl-Office"

(expired.)

mm-ittrTMflXISyjr'——"-

CHAPTER XXXVII.

An Acl for the Relief of John Stewart and John Davidfon.

(private.)

CHAPTER XXXVIII.

An Acl Jo provide more effeclually for the Set- tlement of the Accounts between the United States and the individual States.

Sec. 1.. "13 E it enabled by the Senate and JQ) Houfe of Reprefentaiives of the

United States of Atnerica in Congrefs affembled9 Board of 3 That a board, to confift of three commimon- commiffi- ers b and hereby is eftabliflied to fettle the

oners tc be • " 7 J . ,

^pointed, accounts between the united States, and the individual Hates ; and the determination of a majority of the faidcommimoners onthe claims fubmitted to them, fliall be final and conclu- five ; and they mall have power to employ fuch number of clerks as they may find ne- .ceifary.

Sec. 2. And be it further enaeled j That the £aid commiffioners fhall refpectively take an

C 245 3

©ath or affirmation before the chief juftice of wh«*re t the United States, or one of the afTociate or [Jjj *a diilri£t judges, that they will faithfully and im- partially execute the duties of their office. And they mall each of them be entitled to receive at the rate of two thoufand two hundred and their falsi fifty dollars per annum, payable quarter year. ry' iy at the treafury of the United States, for their refpective fervices.

Sec. 3. And be it further enacled^ That it Mode of fhall be the duty of the faid commimoners to procedure receive and examine all claims which mall be in<T cia

Larais.

exhibited to them before the firft day of July, one thoufaiid feven hundred and ninety-one, and to determine on all fuch as fhall have ac* crued for the general or particular defence du- ring the war, and on the evidence thereof, ac- cording to the principles of general equity (although fuch claims may not be fanctioned by the refolves of Congrefs, or fupportcd by regular vouchers) fo as to provide for the final fettlement of all accounts between the United States and the dates individually ; but no evi- dence of a claim heretofore admitted by a com- mimoner of the United States for any flate or diftricT:, fhall be fubjecl to fuch examination ; nor ill all the claim of any citizen be admitted N as a charge againfl the United States in the account of any ftate, unlefs the fame was al- lowed by fuch ftate before the twenty-fourth day of September, one thoufand feven hundred and eighty- eight.

Sec. 4. And be it further enacled, That it To liqiu- fhall be the duty of the faid commiffi oners to d.atetofp»-

t • r value

examine and liquidate to fpecie value, on pnn- credits and ciples of equity, the credits and debits of the clnllu* ftates already on the books of the treafury for ft*.^

tweeii the (talcs

[ 246 ]

bills of credit fabfequent to the eighteenth of March, one thoufancl feven hundred and eighty.

on the final Sec. 5. And be it further enabled. That the frttkme.it, commiliioners lhall debit each itate with all uf. aii-the advances which have been, or may be made jiaianccs^o t0 'lt Dy the United States, and with the inter-

ut appor- J r 1

tioued be- ell thereon to the lad day of the year one thou- fand feven hundred and eighty-nine, and (hall credit • each ftate for its difburfements and ad- vances on the principles contained in the third fection of this act, with intereft to the day afore- faid, and having ftruck the balance due to each itate, fhall find the aggregate of all the ba- lances, which aggregatefhallbe apportionedbe- tween the ftates agreeably to the rule herein alter" given ; and the difference between fuch apportionments, and the refpeclive balances, fhall be carried in a new account to the debit or credit of the ftates reflectively, as the cafe may be.

Sec. 6. And be it further entitled. That the apportion-' rule for apportioning to the ftates the aggre- nunt. gatg 0f the balances firft abovementioned, mall be the fame that is prefcribed by the confti- tution of the United States, for the apportion- ment of reprefentation and diredt taxes, and according to the firft enumeration which mall be made.

Creditor Sec. 7. And be it further enacled, That the

ftates to ftates who mall have balances placed to their babnctf f credit on the books of the treafury of the Uni- fuuded, ted States, fhall within twelve months after the fame fhall have been fo credited, be enti- tled to have the fame funded upon the fame terms with the other part of the domeftic debt of lik; United States ; but the balances fo ere- ! - any ftate fhall not be transferable.

The rule of

[ 247 ]

Sec. 8. And be it further enacled, That the salariesof clerks employed, or to be employe! by the the ckrKS- faid commiffioners, mall receive like falaries as clerks employed in the treafury department.

Sec. 9. And be it -further, enacled, That the c^ntinu- powers of the faid commiffioners mall continue ancc °f,r! until the firit day of July, one thoufand feven overs' puiq* hundred and ninety-two, unlefs the bufmefs t: fhall be fooner accomplished.

FREDERICK AUGUSTUS MUHLENBERG, Speaker of the Hovfe of Representatives. JOHN ADAMS, Vice-Prcfideni of the United

States, and Prefideni of the Senate. Approved, Augufl the fifth, 1790 :

GEORGE WASHINGTON,

Prefident of the United States.

CHAPTER XXXIX.

An Act making further Provi/ion for the Pay- ment of the Debts of the United States.

WHEREAS, by an aft, intituled, "An act for laying a duty on goods, wares Reciuft and merchandizes imported into the United States," divers duties were laid on goods, wares and merchandize fo imported, for the difcharge of the debts of the United States, and the encouragement and protection of ma- nufactures : And whereas the fupport of go- vernment and the difcharge of the faid debts, render it neceiTary to encreafe the faid duties f

C 248 ]

, Sec. 1. Be it enabled by the Senate and Houfe ter the 31ft of Reprefentatives of the United States of Ame* t brcfefi* rica tn Gongrefs a/fembied, That from and duties cm after the laft day of December next, the du- dfi-d 'ar£e" ^ specified, and laid in and by the aft afore- destoceafe faid, mail ceafe and determine ; and that up- & other du- on ajj pr00js wares anci merchandize ("not

ties impo- o m 7 Ni'iri

led in lieu herein particularly excepted) which after the tnerof. f^ fay mall be brought into the United States, from any foreign port or place, there (hall be levied, collefted and paid the feveral and re- fpeftive duties following, that is to fay : Ma- deira wine of the quality of London particu- lar, per gallon, thirty-five cents ; other Ma- deira wine, per gallon, thirty cents ; Sherry wine, per gallon, twenty-five cents ; other wines, per gallon, twenty cents ; diftilled fpi- rits, if more than ten per cent, below proof, according to Dycas's hydrometer, per gallon, twelve cents ; if more than five, and not more than ten per cent, below proof, according to the fame hydrometer, per gallon, twelve and an half cents ; if of proof, and not more than five per cent, below proof, according to the fame hydrometer, per gallon, thirteen cents ; if above proof, but not exceeding twenty per cent, according to the fame hydrometer, per gallon, fifteen cents ; if of more than twenty, and not more than forty per cent, above proof, according to the fame hydrometer, per gallon, twenty cents ; if of more than forty per cent, above proof, according to the fame hy- drometer, per gallon, twenty-five cents ; mo- lafTes, per gallon, three cents ; beer, ale and porter in caiks, per gallon, five cents; beer, ale and porter in bottles, per dozen, twenty cents : Teas from China and India, in fhips or veffels of the United States, bohea per pound, ten cents j

r Hz 3

fouchong and other black teas, per~ pound, ft.om&afc eighteen cents ; hyfon, per pound, thirty-two tcr the gift cents : other green teas, per pound, twenty [hTprcfcnt cents ; Teas from Europe, in mips or veiTels duti€? °» of the United States, bohea per pound, twelve cfSarS? cents ; fouchong and other black teas, per ckstoceafe pound, twenty-one cents ; hyfon, per pound, dutie^L* forty cents ; other green teas, per pound, twen- Pofed il1 ty-four cents : Teas from any other place, or in any other mips or veffels, bohea per pounds fifteen cents ; fouchong and other black teas per pound, twenty-feven cents ; hyfon per pound, fifty cents ; other green teas per pound, thirty cents; coffee .per pound, four cents; co- coa per pound, one cent; loaf fugar per pound, five cents ; brown fugar per pound, one and an half cent ; other fugar per pound, two and an half cents ; candles of tallow per pound, two cents ; candles of wax or fpermaceti per pound, fix cents ; cheefe per pound, four cents ; foap per pound, two cents ; pepper per pound, fix cents ; pimento per pound, four cents ; manufactured tobacco per pound, fix cents ; fnufF per pound, ten cents ; indigo per pound, twenty-five cents ; cotton per pound, three cents ; nails and fpikes per pound, one cent ; barr and other lead per pound, one cent ; fteel unwrought per one hundred and twelve pounds, feventy-five cents ; hemp per one hundred and twelve pounds, fifty-four cents ; cables per one hundred and twelve pounds, one hundred cents ; tarred cordage per one hundred and twelve pounds, one hun- dred cents ; untarred cordage and yarn per one hundred and twelve pounds, one hundred and fifty cents ; twine and pack thread per one hundred and twelve pounds, three hun* dred cents ; fait per bufhel, twelve cents j mail Vol. L Is

A?Fb on certain o-

C 25° 3

per buihel, ten cents ; coal per bufhel, three cents ; boots per pair, fifty jents ; fhoes, flip- pers and golofhoes, made of leather, per pair, feven cents ; flioes and flippers made of filk or fluff, per pair, ten cents ; wool and cotton cards, per dozen, fifty cents ; playing cards, per pack, ten cents j all China ware, looking glades, window and other glafs, and all manu- factures of glafs, (black quart bottles excepted) twelve and an half per centum ad valorem ; marble, Hate and other (tones, bricks, tiles, tables, mortars and other utenfils of marble or flate, and generally all ftcne and earthen ware, blank books, writing paper, and wrap- ping paper, paper hangings, paite-boards, parchment and vellum, pictures and prints, ther arti- painters colors, including lampblack, except ratesper thofe commonly ufed in dying, gold, filver and centum ad plated ware, gold and filver lace, jewellery and pafte work, clocks and watches, moe and knee buckles, grocery, (except the articles be- fore enumerated) namely, cinnamon, cloves, mace, nutmegs, ginger, annifeed, currants, dates, figs, plumbs, prunes, raifins, fugar-can- dy, oranges, lemons, limes, and generally, all fruits and comfits, olives, capers and pickles of every fort, oil, gun-powder, muftard in flour, ten per centum ad valorem ; cabinet- wares, buttons, faddles, gloves of leather, hats of beaver, felt, wool, or a mixture of any of them, millenary ready made, callings of iron, and flit and rolled iron, leather tanned or taw- ed, and all manufactures of which leather is the article of chief value, except fuch as are herein otherwife rated, canes, walking-flicks and whips, cloathing ready i -.ide, bruihes, an- chors, all wares of tin, pewter, or copper, all or any of them, medicinal drugs, except thofe

C 351 ]

commonly ufed in dying, carpets and carpet- on certain ing, all velvets, veiverets, fattins and other °.tncr a"1'

O' » /,'. n' cles certain

wrought iiiKs, cambrics, muihns, muihnets, rates per lawns, laces, gauzes, chintzes, and colored cal- ce?tu™ r-a

' o ' » valorem.

licoes, and nankeens, k\&u. and an half per centum ad valorem. All goods, wares and merchandize imported directly from China or India in ihips or veffels not of the United States, teas excepted, twelve and an half per centum ad valorem. All coaches, chariots, phaetons, chaifes, chairs, folos or other carri- ages, or parts of carriages, fifteen and an half per centum ad valorem ; and five per centum ad valorem upon all other goods, wares and merchandize, except bullion, tin in pigs, tin plates, old pewter, brafs teutenague, iron and .brafs wire, copper in plates, fait petre, plaifter of Paris, wool, dying woods, and dying drugs, raw hides and fkins, undreffed furs of every kind, the , fea-ftores of mips or veffels, the cloaths, books, houfehold furniture, and the tools or implements of the trade or profeffion of perfons who come to refide in the United States, philofophical apparatus, fpecially im- ported for any feminary of learning, all goods intended to be re-exported to a foreign port or place, in the fame fhip or veifel in which they fhall be imported, and generally, all ar- ticles of the growth, product or manufactures of the United States.

Sec. 2. And be it further enacled, That an Alio an ad- addition of ten per centum fhall be made to tyof ioper the feveral rates of duties above fpecified and c£nt,um on impofed, in refped to all goods, wares and Qf duty be- merchandize, which after the faid laft day of {or£ fPcci* December next, mall be imported in mips or veffels not of the United States, except in the cafes in which an* additional duty is herein be-

£ 252 3

tJrawbnok for goods exported tvithinjjfa

months.

Bounty on exporta- tion of dri- ed or pick- led fifh, and falted pro- .V'ififtQSk

lJuties ©r drawback On a fpecif fie quantity of goods, to apply in proportion as to other quantities Duties ac- cruing ■within a certain time remit- ted.

fore fpeclally laid on any goods, wares or mer- chandizes, which fhall be imported in fuch fliips or veffels.

Sec. 3. And be it further entitled, That ali duties which fhall be paid or fecured to be paid by virtue of this acl, fhall be returned or difcharged in refped to all fuch goods, wares or merchandize, whereupon they fhall have been fo paid, or fecured to be paid, as, within twelve calendar months after payment made or fecurity given, fhall be exported to any fo- reign port or place, except one per centum on the amount of the faid duties, which mall be retained as an indemnification for what- ever expenfe may have accrued concerning the fame.

Sec. 4. And be it further enacled, That there fhall be allowed and paid on dried and pickled fifh, of the fifheries of the United States, and on other provifions falted within the faid dates, which after the faid laft day of December next fhall be exported therefrom to any foreign port or place, in lieu of a draw- back of the duty on the fait which fhall have been expended thereupon, according to the following rates ; namely : Dried fifii per quin- tal, ten cents ; pickled fifh and other falted provifions per barrel, ten cents.

Sec. 5. And be it further enacled, That where duties by this acl are impofed, or draw- backs allowed on any fpecific quantity of goods, wares and merchandize, the fame fhall be deemed to apply in proportion to any quan- tity, more or lefs, than fuch fpecific quantity.

Sec. 6. And be it further enacled, That all the duties which by virtue of the acl;, intituled, " An acl; for laying a duty on goods, wares and merchandizes imported into the United

C 253 1

States,*' accrued between the time fpecined in the faid act for the commencement of the faid duties, and the respective times when the collectors entered upon the duties of their re- fpective offices in the feveral districts, be, and they are hereby remitted and dil charged, and that in any cafe in which they may i-ave been paid to the United States, reftitution thereof mall be made.

Sec. 7. And be it further enacled, That the ?°n*™~thc feveral duties impofed by this act iliall conti- duty by nue to be collected and paid, until the debts th"? ^ im" and purpofes for which they are pledged and appropriated, mall be fully discharged : Pro- vided, That nothing herein contained fhall be conftrued to prevent the legislature of the United States from Substituting other duties or taxes of equal value to any or all oi cfte faid duties and impofts.

FREDERICK AUGUSTUS MUHLENBER G,

Speaker of the Houfe of Reprefentatives.

JOHN ADAMS, Vice-Prefidcnt of the United

States, and Prejident of the Senate* Approved, Augultthe tenth, 1790 : GEORGE WASHINGTON,

Prejident of the United States*

C ^4 3

CHAPTER XL.

An Acl to enable the Officers and Soldiers of the Virginia Line on continental Eftablifhment, to obtain Titles to certain Lands lying North-weft of the River Ohio, between the Little Miami and Sciota.

Seftion i . "Wjfr E it enacled by the Senate and j|^3 Houfe of Reprefentatives of the United States of America, in Congrefs affembled, a& of for- That the acl of Consrrefs of the feventeenth of erefs re-" Juty» one thoufand feven hundred and eighty- pcaifd, eight, relative to certain locations and furveys made by, or on account of the Virginia troops ©n continental eftabliftiment upon lands be- tween the Little Miami and Sciota rivers, north-weft of the Ohio, be, and the fame is hereby repealed. Recital. ^nc[ whereas the agents for fuch of the

troops of the ftate of Virginia, who ferved on the continental eftablifhment in the army of the United States, during the late war, have reported to the executive of the faid ftate, that there is not a fufficiency of good land on the fouth-eafterly fide of the river Ohio, ac- cording to the acl: of ceflion from the faid ftate to the United States, and within the limits aiiigned by the laws of the faid ftate, to fatisfy the faid troops for the bounty lands due to them, in conformity to the faid laws : to the intent therefore that the difference between what has already been locatedfor thefaid troops, on the fouth-eafterly fide of the faid river, and the aggregate of what is due to the whole of the faid troops, may be located on the north- wefterly fide of the faid river, and between the Sciota and Little Miami riyers, as ftipulated by the faid ftate :

t *5S 1

Sec. 2. Be it further entitled, That the Se- s^?o cretary of the department of war, (hall make make re- return to the executive of the (late of Vir

executive

ginia of the names of fuch of the officers, non- of Virginia commimoned oncers and privates of the line of Jit|eJt" " the faid ftate, who ferved in the army of the bounty United States, on the continental eftablifli- ment, during the late war, and who in con- formity to the laws of the faid ftate, are en- titled to bounty lands ; and fnall alfo in .fuch return ftate the aggregate amount in acres due to the faid line by the laws aforefaid.

Sec. z. And be it further enacled, That it Agents to

*-* *f locate c€r-*

fhall and may be lawful for the faid agents to tain lands locate to and for the ufe of the faid troops, io?r^ ufe between the rivers Sciota and Little Miami, troops ; fuch a number of acres of good land, as, mall, together with the number already lo- cated between the faid two rivers, and the number already located on the fouth-eafterly fide of the river Ohio, be equal to the ag- gregate amount, fo to be returned as afore- faid by the Secretary of the . department of war.

Sec. 4. And be it further cnaclcd, That the • faid agents, as foon as may be after the lo- cations, furveys and allotments are made and completed, mall enter in regular order, in a ai^_t°ea" book to be by them provided for that purpofe, book the the bounds oi each location and furvey be- bounds of

. 1 r • 1 . • ■ -i each loca-

tween tne laid two rivers, annexing the name tion and of the officer, ncn-commiffioned officer or lu"ey- private originally entitled to each ; which en- tries being certified by the faid agents, or the majority of them, to be true entries, the book containing the fame fhall be filed in the office ©f the Secretary of State.

Sec. 5. And be it further enacled, That it

r »5« 1

PrcCdent to catife letters pa- tent to be made out to thofc en- titled to bounty binds.

Secretary of ftate to tranfmit the fame to the execu- tive of Vir- ginia.

betters pa- tent ob- tained without

fee?;

fha!l be lawful for the Prefident of the United States to caufe letters patent to be made out in fuch words and form as he mail devife and direcl:, granting to fuch perfon fo originally entitled to bounty lands, to his ufe, and to the ufe of his heirs or affigns, or his or their legal reprefentative or reprefentatives, his, her or their heirs or afligns, the lands defignated in the faid entries : Provided always, That be- fore the feal of the United States ihall be af- fixed to fuch letters patent, the Secretary of the department of war fhall have indorfed thereon that the grantee therein named, was originally entitled to fuch bounty lands, and that he has examined the bounds thereof with the book of entries filed in the office of the Secretary of State, and finds the fame truly inferted ; and every fuch letters patent mail be counteriigned by the Secretary of State, and a minute of the date thereof, and of the name of the grantee (hall be entered of record in his office, in a book to be fpecially provided for the purpofe.

Sec. 6. And be it further enabled, That it mall be the duty of the Secretary of State, as- foon as may be after the letters patent ihall be fo completed and entered of record, to tranf- mit the fame to the executive of the ftate of Virginia, to be by them delivered to each grantee; or in cafe of his death,,, or that the right of the grantees fhall have been legally transferred before fuch delivery, then to his legal reprefentative or reprefentatives, or to one of them.

Sec. 7. And be it further enafted, That no fees Ihall be charged for fuch letters patent and record, to the grantees, their heirs or

C *57 J

ailigns, or to his or their legal representative or reprefentatives*

FREDERICK AUGUSTUS MUHLENBERG^

Speaker of the Houfe of Reprcfentatives.

JOHN ADAMS, Vice-Prefident of the United States 0 and Prefident of the Senate.

Approved, Aiiguft the tenth, 1790 : GEORGE WASHINGTON,

Prefident of the United States:

CHAPTER XLI.

■An Ac! authorizing the Secretary of the Treafury to finifh the Light-Houfe on Portland-Head^ in the Difiricl 6f Maine.

BE it enabled by the Senate and Houfe ofRe- prefentatives of the United States of Ame- rica in Congrefs afiembled, That there be ap-> ts°°°P^:a propriated and paid out of the monies arifmg ^Lttd, from the duties on imports and tonnage, a mm not exceeding fifteen hundred dollars, for the purpofe of fmiffiing the Light-Houfe on Port- land-Head, in the diftricl: of Maine ; and that the Secretary of the Treafury, under the di- rections of the Prefident of the United States, be authorized to caufe the faid light-houfe to be fmifhed and completed accordingly;

FREDERICK AUGUSTUS MUHLENBERG

Speaker of the Houfe of Reprefentatives.

JOHN ADAMS, Vice-Prefident of the United

States, and Prefident of the Senate. Approved, Auguft the tenth, 1790 :

GEORGE WASHINGTON,

Prefident of the United, States, Vol. I, K %

\.

[ 258 ] CHAPTER XLII.

I

An Act to alter the Times for holding the Cir- cuits Courts of the Untied States in the Dijlricls of South-Carolina and Georgia , and providing that the Dijlricl Court of Pe?mfylvania, jhall in future be held at the city of Philadelphia only.

Circuit Seftion i. T>E // enadedby the Senate and

courts '*^~~ "-

v.-hen and jO* Houfe of Representatives of the

fc^iicid0 United States of America in Congrefs ajfembled^ That the circuit courts of the United States in the diftricts of South- Carolina and Georgia, fhall for the future be held as follows, to wit : In the diftriet of South- Carolina on the twenty- fifth day of October next, at Charleflon, and in each fucceeding year at Columbia, on the twelfth day of May, and in Charleflon on the twenty-fifth day of October ; in the dif- triet of Georgia on the fifteenth day of Oc- tober next, at Augufta, and in each fucceed- ing year at Savannah, on the twenty-fifth day of April, and at Augufta on the fifteenth day of October ; except when any of thofe days fhall happen to be Sunday, in which cafe the court fhall be held on the Monday following. And all procefs that was returnable under the former law at Charleflon, on the firft day of October next, and at Augufta on the feven- teenth day of October, fhall now be deemed returnable refpectively at Charleflon on the twenty-fifth day of October next, and at Augufta on the fifteenth day of October next;, any thing in the former law to the contrary notwithltanding. Part of a Sec. 2. And belt further enacled, That fo

tumier act -J -

repealed, much of the act, entitled, " An act to eftabiifh the judicial courts of the United States," as

[ 259 ]

dire&s that the diftrict court for the diftricl of Pennfylvania fhall be held at Yorktown in the faid ftate, be repealed j and that in future the diftrict court for Pennfylvania be held in the city of Philadelphia.

FREDERICK AUGUSTUS MUHLENBERG,

Speaker of the Houfe of Reprefentat'rces. JOHN ADAMS, Vice-Prefident of the United

States, and Prefident of the Senate. Approved, Auguft the eleventh, 1790 : GEORGE WASHINGTON, Prefident of the United States.

wJaTH.1 ~.:\ •^p^^'^nrjrsjwam

CHAPTER XLIU.

An Ad declaring the Affent of Congrefs to cer- tain Ads of the States of Mary/and, Georgia^ and, Rhode-Ifland and Providence Plantations. (expired. J

:X3233E£533H».

CHAPTER XLIV.

An Ad for the Relief of difabkd Soldiers and Seamen lately in the Service of the United States, and of certain other Perfons.

Sec. 1. ITl E it enaded by the Senate and j[3 Houfe of Reprefentatives of the United States of America in Congrefs ajfembled, That Stephen Califfe, Jeremiah Ryan, Jo- leph M'Gibbon, Samuel Garretfon, Ephraim _ IVPCoy, Chriftian Khun, Davitf Steele, Jo feph ' Shuttlief, and Daniel Culver, difabled foldiers lately in the fervice of the United States, be rate,

al what

rate

r 2$ 1 krfon>»- allowed penfions at the rate of five dollars per

titled to , r ■, • , . . , l

pcnfions,& month trom tne time their pay in the army re- »t ^hat fpt&ively ceafed. That Cliriftian Wolfe, a dif- abled foldier, be allowed a pennon at the rate pf four dollars per month from the date of his difcharge. That Edward Scott, a difabled fol- .dicr, be allowed a penfion at the rate of three dollars per month from the date of his dif- charge. That David Weaver and George Schell, difabled foldiers, be each allowed a penfion, at the rate of two dollars per month, from the date of their refpeclive difcharges. That Seth Boardman, a difabled foldier, be allowed a penfion, at the rate of three dollars and one third of a dollar per month, from, the feventeenth day of March, one thoufand feven hundred and eighty-fix. That Severinus Koch, %, difabled captain of colonel Jacob Klock's re- giment of New-York militia, be allowed a pen- iibn, at the rate of. five dollars per month, from the twentieth day of Auguft, one thoufand fe- ven hundred and feventy-feven. That John Younglove, a difabled major of colonel Lewis Van Woort's regiment of New-York militia, be allowed a pennon at the rate of fix dollars per month, from the thirtieth day, of July, one thoufand feven hundred and eighty-one. That William White, a difabled private of colonel Williams regiment of New- York militia, be allowed a penfion, at the rate of three dollars and one third of a dollar per month, from the firfl day of April, one thoufand feven hun- dred and eighty-fix. That Jacob Newkerk, a difabled foldier of colonel John Harper's re- giment of New- York flate troops, be allowed a penfion, at the rate of three dollars per month, from the twenty-fecond day of Octo- ber, one thoufand feven hundred and eighty-

[ 26l ]

That David Poole, a difabled feaman lately in the fervice of the United States, be allowed a penfion of five dollars per month, to com- mence on the fifth of March, one thousand feven hundred and eighty-nine.

Sec. 2. And be it further enaBed, That Ca- s"m Sran£- leb Brewfter, lately a lieutenant, who was gon aiiow- wounded and difabled in the fervice of the ^dto£aJeb United States, be allowed three hundred iorty- eight dollars and fifty-feven cents, the amount of his necelTary expenfes for fuitenance and medical affiftance, while dangerouily ill of his wounds, including the intereft to the firft of July, one thoufand feven hundred and ninety. And that the faid Brewfter be allowed a pen- fion equal to his half pay as lieutenant, from the third of November, one thoufand feven hundred and eighty three, he firft haying re- turned his commutation of half pay.

Sec. 3. And be it further enacted, That Na- Pen.fion ai- thaniel Gove, a difabled lieutenant, lately in- 1?,"'edtoN'

y Gov;.

the fervice of the United States, be allowed a penfion, at the rate of fix dollars and two thirds of a dollar per month, from the twen- tieth of May, one thoufand feven hundred and feven ty-eight, to the firft day of July, on: thoufand feven hundred and eighty-fix, and that he be allowed at the rate of thirteen dol- lars and. one third of a dollar per month, from the faid firft day of July, one thoufand feven hundred and eighty-fix.

Sec. 4. And be it further enacled, That the C(nlVin,;. commiffioner of army accounts be authorized ficner of and directed to fettle the pay and depreciation Jo^t" of pay of John Stevens, a hoftage in the late fettle pay^ war at the capitulation of the cedars, as a cap- tain in the line of the army, and that be iflue

&c of tain ofti

re!':

[ 262 ]

certificates accordingly. That he alfo iflue a certificate, to Charles Markley, lately a cap- tain in Armand's corps, for the commutation of his half pay. That he alfo fettle the accounts of James Derry, and Benjamin Ilardifon, who were made prifoners in Canada, in May, one thoufand feven hun'dred and feventy-fix, and forcibly detained in captivity among the In- dians, and that he itfue certificates for the ba- lance of their pay refpectively, to the third of November, one thoufand feven hundred and eighty-three. The pen- Sec. 5. And be it further enabled, That the ficps to be feveral penfions mentioned in this act, due or dfngtoiaws to become due from the fifth of March, one made or thoufand feven hundred and eighty-nine, fhall after may be paid according to fuch laws as have been be made, made, or mall be made relative to invalid pen- fioners : And that the arrears of the faid pen- fions, due before the faid fifth day of March, one thoufand feven hundred and eighty-nine, mall be paid in fuch manner as Congrefs may hereafter provide for paying the arrears of pen- fions. AHoTvance Sec. 6. And be it further enacled, That there to s. Hard- fl jj b anowe(j to geth Harding, for three

months and ten days fervices on board the Al- liance frigate, during the late war, at the rate of fixty dollars per month, being the pay of a captain, to be paid out of the monies ariling from impofts and tonnage.

FREDERICK AUGUSTUS MUHLENBERG,

aker of the Houfe of Reprefentatives. JOHN ADAMS, Yice-Prefidcnt of the United

States^ and Prcf.dent of the Senate, Ipjprqvej), Augufl the eleventh, 1790: ORGE WASHINGTON, Prejident of me United States,

[ 263 ] CHAP T E R XLV.

An Ad fcr the Relief of the Per Jons therein mentioned or deferibed.

Sec. i. lO E it enacted by the Senate and Jlj^ Houfe of ' Reprefentatives of the United States of America in Congrefs ajfcmbled^ That the regifter of the treafury fliafl, and is *cf?/c^ hereby required to grant unto Sarah, the wi- ry to p dow of the late major-general Earl of Stirling, "&"!,£!■? who died in the fervice of the United States, ling; a certificate to entitle her to a fum equal to an annuity for feven years half pay of a major- general, to commence as from the fourteenth day of January, one thoufand feven hundred and eighty-three, in conformity to the act of the late Congrefs, palled on the twenty-fourth day of Auguft, one thoufand feven hundred and eighty ; the amount for which the faid certificate is to be granted, to be afcertained by the Secretary of the Treafury, and on fimilar principles as other debts of the United States are liquidated and certified.

Sec. 2. And be it further enacled, That the Regifter of faid regifter mail grant unto. Frances Eleanor th-' trc-iri1-

o o J ry to grant

Laurens, the orphan daughter cf the late lieu- a certificate tenant-colonel John Laurens, who was killed I? f,ranccs.

• in • r ' - • o Lauren*;

whilft in the fervice of the United States, a certificate to entitle her to a fum equal to an annuity for feven years half pay of a lieute- nant-colonel, to commence as from the twen- ty-fifth day -of Auguft, one thoufand feven hundred and eighty-two, according to the act of the late Congrefs of the twenty-fourth day of Auguft, one thoufand feven hundred and eighty ; the amount for which the faid certi- ficate is to be granted, to be afcertained by th Secretary of the Treafurv in manner afar

[ 264 ]

And whereas no provision hath heretofore been made for difcharging the arrears of pen- lions due to officers, non-commiflioned officers, and foldiers, who were wounded and difabled. whilft in the fervice of the United States : Therefore, to invalid Sec. 3. Be it further enabled^ That each of pen&oasvs, ^g 0fficerS5 non-commiffioned officers and fol- diers, who were fo wounded and difabled, and who are now placed on the books in the office of the fecretaiy for the department of war, as a penfioner. or to be fo placed in con- formity to any law of this Congrefs, fhall re- ceive from the regifter of the treafury, who is hereby required to grant the fame, a certifi- cate, to be liquidated and fettled in fuch man- ner as the Secretary of the Treafury fhall di* reel, for a fum equal to the penfion annually due to him, to commence from the time he became entitled thereto, or from the time to which the fame had been paid, as the cafe may be, which fhall be afcertained and certified by the faid Secretary for the department of war* and which annuity fhall be liquidated to the fourth day of March, one thoufand feven hundred and eighty-nine, from which day the United States have affumed the payment of the penfions certified by the feveral ftates* And in cafe of the death of any perfon fo en- „ titled, the certificate fhall pafs to his heirs or legal reprefentative or reprefentatives.

kegifter of Sec. 4. And be it further enacled, That the the treafu- widow or orphan of each officer, non-com- tertificate miffioned officer or foldier who was killed or f0 *'id°ws died whilft in the fervice of the United States,

■ <x orphans ,,. ,, iii'-l

in 'officers and who is now placed on the books in the

■ Jo!d;-rs- office of the faid Secretary, as entitled to a

penfion, by virtue of any aft of the faid late

C ^5 1

.Congrefs, or any law of this Congrefs, and fot* whom provifion has not been made by any ftate, and to whom any arrears of fuch pennon are due, and which have arifen prior to the faid fourth day of March, one thoufand feven hundred and eighty-nine, mail receive a cer- tificate therefor in like manner, and on the fame principles, as certificates are by this aft directed to be given to officers, non-commif- fioned officers and foldiers, who were Wounded or difabled as aforefaid. FREDERICK AUGUSTUS MUHLENBERG,

Speaker of the Houfe of Reprefentati'ues. JOHN ADAMS, Vice-Prefident of the United

States, and President of the Senate. Approved, Augufl the eleventh, 1790 : GEORGE WASHINGTON, President of the United States.

CHAPTER XL VI.

An Acl making certain Appropriations therein mentioned.

E it enabled by the Senate and Houfe of Re* prefentatives of the United States of Ameri- ca in Congrefs affembled, That there be appro- priated to the purpofes herein after mentioned, to be paid out of the monies arifing from the duties on goods, wares and merchandize im- ported, and on the tonnage of mips or veffels, the following fums ; to wit : The fum of thir- f u/tJra^' ty-eight thoufand eight hundred and ninety- skinner, \ two dollars and feventy-five cents, towards difcharging certain debts contracted by Abra* Vol. I, La

C *66 J

ham Skinner, late commiffary of prifoners, on account of the fubfiilence of the officers of the late army while in captivity : The fum of forty thoufand dollars, towards difcharging cer- T. Picker- tain debts contracted by colonel Timothy Pick- ,ns; ering, late quartermafter-general, and which

fum was included in the amount of a warrant drawn in his favor by the late fuperintendant of the finances of the United States, and which warrant was not difcharged : The fum of one and for hundred and four thoufand three hundred and purpofes twenty-feven dollars and twenty-two cents, for hiTrepon the feveral purpofes fpecified in an eflimate ofthefe- accompanying the report of the Secretary of the tedafu- the Treafury of the fifth inflant, including one *y- thoufand dollars for defraying the expenfes of

certain eilablimments for the fecurity of navi- gation of the like nature with thofe mention- ed in the aft, intituled, " An aft for the "ef- tablifhment and fupport of light-houfes, bea- cons, buoys and public piers,5' but not parti- cularly fpecified therein : The fum of one hundred and eighty-one dollars and forty-two cents, for reimburfmg the Secretary at War an advance' by him made on account of George Morgan White Eyes, over and above the fum heretofore appropriated on account of the faid George Morgan White Eyes : The fum of fix hundred and thirty-two dollars and eighty cents, for the fervices and expenfes of Ifaac Guion, employed. by direction of the Prefident of the United States, in relation to the reso- lution of Congrefs of the twenty-fixrfi of Au- guft lafl : The fum of forty-one dollars and forty-feven cents, for reimburfmg the treafurer of the United States the colls by him paid on a protefled bill : The fum of two hundred and fifty dollars, for the falary of an interpreter of

C 267 3

the French language, employed in the depart- ment of flate : The fum of three hundred and twenty-fix dollars and fix cents, for fundry ex- Sum grantr penditures by Richard Phillips, on account of pofeTefti-* the houfhold of the late Prefident of Congrefs, mated in a and for certain unfatisfied claims againft the thefecreta* fame : The fum of feven hundred and fifty ry of the dollars, towards compenfating the late loan- treafury* officer of Pennfylvania, for his fervices in rela- tion to the re-exchange of certificates granted by the flate of Pennfylvania, in lieu of certifi- cates of the United States; which feveral fums fo included in the faid fum of one hundred and four thoufand three hundred and twenty- feven dollars and twenty- two cents, are here- by authorized and granted : And the farther fum of fifty thoufand dollars, towards dis- charging fuch demands on the United States, not otherwife provided for, as fhall have been ascertained and admitted in due courfe of fet- tlement at the treafury and which are of a na- ture according to the ufage thereof, to require payment in fpecie,

FREDERICK AUGUSTUS MUHLENBERG,

Speaker of the Houfe of Reprefentatives. JOHN ADAMS, Vice-Prefident of the United

States, and Prefident of the Senate. Approved, Auguft the twelfth, 1790: GEORGE WASHINGTON, Prefident of the United States*

[ 268 ] CHAPTER XL VII.

An Act making Pro-vijion for the Reduclion of the Public Debt.

Recital. T;T being defirable by all juft and proper J, means, to effect, a reduction of the amount of the public debt, and as the application of fuch furplus of the revenue as may remain af- ter fatisfying the purpofes for which appropri- ations mail have been made by law, will not only contribute to that defirable end, but will be beneficial to the creditors of the United States, by raifmg the price of their (lock, and be productive of confiderable faving to the , \Jnited States. The for- Section i . BE it enacled by the Senate and '^&liHoufe of Reprefentatwes of the' United States of duties on America in Coiigrefs affcmbled. That all fuch fonSgT'to furplus of the product of the duties on goods, Dec. next, wares and merchandize imported, and on the StoS1" tonnage of mips or veffels to the laft day of purcbafeof December next, inclufiyely, as fhall remain dcbtF'U; ' ?rfter fatisfying the feveral purpofes for which appropriations fhall have been made by law to the end of the prefent feflion, mall be applied to the purchafe of the debt of the United States, at its market price, if not exceeding the par or true value thereof. _ , r Sec. 2. And be it further enacled- That the

By whole ,J ■ ■ '-, * _.

direction purcnaies to be made or the laid debt, liiall be purchases maje un(]er tlie direfiion of the Prefident of

are to be • • n

Tflade; and the Senate, the Chief Juitice, the Secretary or State, the Secretary of the Treafury, and the Attorney- General for the time being ; and who, or any three of whom, with the appro- bation of the Prefident of the United States, |hall caufe the laid purchafes to be made in

C 369 ]

fuch manner, and under fuch regulations as mall appear to them bed calculated to fulfil the intent of this aft : Provided, That the fame be made openly, and with due regard to the in what equal benefit of the feveral ftates : And pro- m;mner vided further, That to avoid all rifk or failure, or delay in the payment of interefl ftipulated to be paid for and during the year one thou- fand feven hundred and ninety-one, by the aft, intituled, " An aft making provifion for the debt of the United States," fuch refervations fhall be made of the faid furplus as may be ne- ceflary to make good the faid payments, as they fhall refpeftively become due, in cafe of defici- ency in the amount of the receipts into the treafury during the faid year, on account of the duties on goods, wares and merchandize imported, and the tonnage of fhips or veffels, after the laft day of December next.

Sec. 3. And be it further emitted. That ac- The ac- counts of the application of the faid monies coun^ <£ fhall be rendered for fettlement as other pub- tobefetticd lie accounts, accompanied with returns of the as?*.her w -amount of the faid debt purchafed therewith, counts. at the end of every quarter of a year, to be computed from the time of commencing the purchafes aforefaid : and that a full and exaft report, of the proceedings of the faid five per- R^°^d°{ fons, or any three of them, including a ftate- ings to be ment of the difburfements and purchafes made ^J^&/c under their direftion, fpecifying the times thereof, the prices at which, and the parties from whom the fame may be made, fhall be laid before Congrefs, within the fTrft fourteen days of each feflion which may enfue the pre- fent, during the execution of their faid truft. Sec. 4. And be it further cnatted, That the Frefident of the United States be, and he is

[ 270 ]

frcfuient hereby authorized to caufe to be borrowed, ;ruthonzcd on behalf of the United States, a fum or fums afmSSw not exceeding in the whole two millions of oi dollars, dollars, at an interefr. not exceeding five per cent, and that the fum or fums fo borrowed, be alfo applied to the purchafe of the faid debt of the United States, under the like direction, in the like manner, and fubject to the like torvcappii- regulations and reftrictions with the furplus pnrchafeof aforefaid : Provided, That out of the interefl die debt, arifing on the debt to be purchafed in manner aforefaid, there mail be appropriated and ap- plied a fum not exceeding the rate of eight per centum per annum on account both oi principal and interefl towards the re-payment of the two millions of dollars fo to be borrow- ed.

FREDERICK AUGUSTUS MUHLENBERG,

Speaker of the Houfe of Reprefentaii-ves.

JOHN ADAMS, Vice-Prefident of the United.

States, and Prefident of the Senate. Approved, Augult the twelfth, 1790 :

GEORGE WASHINGTON,

Prefident of the United States^

[ 27I ]

Y) ESOLVED by the Senate and Houfe of Reprefetttd* j[\. fives of the United States of America in Congrefi affembled. That all treaties made, or which mall be made and promulged under the authority of the United States, mall, from time to time, be publifhed and an- nexed to their code of laws, by the Secretary of State.

FREDERICK AUGUSTUS MUHLENBERG,

Speaker of the Houfe of Reprefentaiives. JOHN ADAMS, Vice-Prefident of the United States,

and Prefident of the Senate. Approved, June the fourteenth, 1790 :

GEORGE WASHINGTON,

Prefident of the United States,

sEESSESSEEEffi2

ESOLVED by the Senate and Houfe of Reprefenia* fives of the United States of America in Congrefs qjfembied, That all furveys of lands in the Weftern Ter- ritory, made under the direction of the late geographer, Thomas Hutchins, agreeable to contrails for part of the faid lands made with the late board of treafury, be returned to, and perfected by the Secretary of the Trea- fury, fo as to compleat the faid contracts : and that the faid Secretary be, and is hereby authorized to direct the making and compleating any other furveys that re- main to be made, fo as to comply on the part of the United States with the feveral contracts aforefaid, in conformity to the terms thereof.

FREDERICK AUGUSTUS MUHLENBERG,

Speaker of the Houfe of Reprefentaiives. JOHN ADAMS, Vice-Preftdent of the United States,

and Prefident of the Senate. Approved, Auguft the twelfth, 1790 :

G E O R G E W A STI I N G T O N,

Prefident of the United States.

ACTS

PASSED AT THE

THIRD SESSION

OF THE

FIRST CONGRESS

O F T H E

United States of America,

BEGUN AND HELD AT THE CITY OF PHILADELPHIA,

On Monday the fixth of December,

IN THE YEAR M,DCC.XC :

AND OF THE

Independence of the United States THE FIFTEENTH.

Vol. I. M a

pwnw-twrn iinn inn wiiwii

A C

a f

CONG RES S,

Recitaii

CHAPTER I.

An Aft fupplementary to the Ad, intitled, " An

Act making further Provifon for the Payment of the Debts of the United States.'3 ■

HE RE AS no exprefs provifion has been made for extending the aft, in- titled, " An a£t to provide more effectually for the collection of the duties impofed by- law on goods, wares and merchandize impor- ted into the United States, and on the ton- nage o-f mips -or veifels," to the collection of the duties impofed by the faid " Act making further provifion for the payment of the debts of the United States," doubts concerning the fame may arife : Therefore^ Be it enafted by PpovIfi the Senate and Hovfe of Reprcfentatives of the of the ad United States of America in Congrefs afcrmbled, [^of du- That the act, intitled, " An act to provide ties, ex- more effectually for the collection of the du- ^aS ma- ties impofed by law on goods, wares andmer- king,%-._ chandize imported into the United States, and £cnr£°tJ1e on the tonnage of fhips or verlels," doth and payment of mall extend to,. and be in force for the col- [J^uS lection of the duties fpecified and laid in an$ sta^.

ons ft

[ 276 ]

by the a&, intitled, " An act making further provifion for the payment of the debts of the United States," as fully and effectually, as if every regulation, reftri&ion, penalty, provifion, clauie, matter and thing therein contained, had been inferted in and re-enacted by the act lad arorefaid.

FREDERICK AUGUSTUS MUHLENBERG,

Speaker of the Houfe of Reprefentatives.

JOHN ADAMS, Vice-Prefident of the United States, and Prefident of the Senate.

Approved, Decernber twenty-feventh, 1790"

GEORGE WASHINGTON,

Prefident of the United States,

CHAPTER II.

An Acl to provide for the Unlading of Ships or Veffels, in Cafes of Obfiruclion by Ice.

Recital. "IBTfTTHEREAS it fometimes happens, that

Y V mips or veflels are obflrucled by ice

in their paifage to the ports of their deflination,

and it is neceflary that provifion mould be

made for unlading fuch mips or veflels :

in cafes of Section i. Be it enabled by the Senate and

t^lcfcS- Houfe of Reprefentatives of the United States of

lector 'may America in Congrefs affembled. That in all cafes

receive en- where a fhip or veffel mall be prevented by ice

try at any . r 1 , /

ether place from getting to the port at which her cargo is intended to be delivered, it mall be lawful for the collector of the diftrict, in which fuch fhip or veffel may be fo obflrucled, to receive the

within his diftria

;[ V7 ]

report and entry of any fuch mip or vefTel, and with the confent of the naval-officer (where there is one) to grant a permit or permits for unlading or landing the goods, wares or mer- chandize imported in fuch mip or velfel at any place within his diftricl:, which mall appear to him to be moll convenient and proper.

Sec. 2. And be it further enacted, That the under th« report and entry of fuch fhip or velfel, and of niuaj regu- her cargo, or any part thereof, and all perfons 0*a^rcaf<L concerned therein, mall be under and fubje6t to the fame rules, regulations, reftri&ions, pe- nalties and provihons, as if the faid fhip or vef- ifel had arrived at the port of her deft ination, i and had there proceeded to the delivery of her cargo.

FREDERICK AUGUSTUS MUHLENBERG,

Speaker of the Houfe of Reprefentatives.

JJOHN ADAMS, Vice-Prefident of the United States , and Prejident of the Senate.

/Approved, January the feventh, 1791 :

GEORGE WASHINGTON,

Prejident of the United States.

CHAPTER III,

/An Acl te continue an Acl, intituled, « An Acl declaring the AJfent of Congrefs to certain Ads of the States of Mary/and, Georgia, and Rhode* IJlandand Providence Plantations ," fo far as the fame ref peels the States of Georgia, and Kbode-IJland and Providence Plantations. (expired.)

JUcckal.

t ■# ]

CHAPTER IV.

An A 61 declaring the Confent of Congrefs, that a new State be formed within the furifdiaiori of the Commonwealth of Virginia, and ad?nit- ted into this Union, by the Name of the State of Kentucky.

"HERE AS the Legiflature of the Com- monwealth of Virginia, by an act en- titled, " An a£t concerning the erection of the diftrict. of Kentucky into an independent date," paffed the eighteenth day of December, one thoufand feven hundred and eighty-nine, have confented, that the diftrict of Kentucky, with- in the jurifdicTion of the faid Commonwealth, and according to its actual boundaries at the time of palling the act aforefaid, fhould be formed into a new ftate : And whereas a con- vention of delegates, chofen by the people of the faid diftrict of Kentucky, have petitioned Congrefs to confent, that, on the firft day of June, one thoufand feven hundred and ninety- two, the faid diftrict mould be formed into a new ftate, and received into the Union, by the name of " the State of Kentucky :"

Confent of Section i. Be it enacled by the Senate and Congrefs Houfe of Reprefentatives of the United States of ' fvfrplnist ^merica in Congrefs affembled, and it is hereby within cet- enacted .and declared, TJmt the Congrefs doth SriJ^Tii confent, that the faid din-rid of Kentucky, become a within the jurifdiction of the Commonwealth new t a<£. 0£ Virginia, and according to its actual boun- daries., on the eighteenth day of December, one thoufand feven hundred and eighty-nine, fhall, upon the firft day of June, one thoufand leven hundred and ninety-two, be formed in-

E 279 3

to a new Mate, feparate from, and independant of, the faid Commonwealth of Virginia.

Sec. 2. And be it further enabled and dcclar- When and ed, That upon the aforefaid nrit day of June, ^nJha;|j_ one thoufand feven hundred and ninety-two, mktrd into the faid new ftate, by the name and ftile of the UIiio* the State of Kentucky, mail be received and admitted into this Union, as a new and entire member of the United States of America.

FREDERICK AUGUSTUS MUHLENBERG,

Speaker of the Houfe of Reprefentatives.

JOHN ADAMS, Vice- Prefident of the United States , and Prefident of the Senate.

Approved, February the fourth, 1791 :

GEORGE WASHINGTON,

Prefident of the United States,

CHAPTER V.

An Ac! declaring the Confent of Congrefs to a

certain Acl of the State of Maryland,

(expired.)

CHAPTER VI.

An Aft making Appropriations for the Support of Government during the Tear one thoufand feven hundred and ninety-o?ie, and for other Purpofes.

E // enacled by the Senate and Houfe of Re- prefentatives of the United States of Ame- rica in Congrefs aj/embled, That there be ap- propriated the feveral fm.ms, and f@r the feve-

[ 280 ]i

a , m ra^ PurP°^es following, to wit : A fum not ex- ti as of mo. ceeding two hundred and ninety-nine thoufand n- Vr'at!ie two hundred and feventy-fix dollars and'fiftv- three cents, tor defraying the expenles or the civil lift, as eftimated by the Secretary of the Treafury, in the ftatement, number one, ac- companying his report to the Houfe of Repre- fentatives of the fixth inftant, including the contingencies of the feveral executive officers, and of the two Houfes of Congrefs, which are hereby authorized and granted : a fum not ex- Certain ceeding fifty tlioufand feven hundred and fif- ^orpofei. ty-fix dollars and fifty-three cents, for fatisfy- ing the feveral objects fpecified in the ftate- ment, number two, accompanying the report aforefaid, all fuch whereof, as may not have been heretofore provided for by law, being hereby authorized ; and a fum not exceeding three hundred and ninety thoufand one hun- dred and ninety- nine dollars and fifty-four cents, mentFof f°r tne ufe °f t^le department of war, purfuant war; to the ftatement, number three, accompanying

the report aforefaid, including therein the fum of one hundred thoufand dollars, for defray- ing the expenfes of an expedition lately car- ried on againft certain Indian tribes ; and the fum of eighty-feven thoufand four hundred and fixty-three dollars and fixty cents, being

^enrTS & t^le am0UIlt °f one year's penfions to invalids, together with the contingencies of the faid de- 6utofwhat partment, which are hereby authorized: Which funds pay- feveral fums {hall be paid out of the funds fol- lowing, namely, The fum of fix hundred thou- fand dollars, which, by the aft, intituled, "An ad making provifionfor the debt of the Uni- ted States," is refervecl yearly for the fupport ©f the government of the United States, and their common defence; the amount of fuch '

[ *8i ]

Turpi ufes as may remain in the treafury, after Qutofwt&t fntisfying the purpofes for which appropriations ^"J pay" were made, by the acts refpeftively, intituled, " An acl: making appropriations for the fer- viee of the prefent year," paffed the twenty- ninth day of September, one thoufand feven hundred and eighty-nine ; " An act making appropriations for the fuppdrt of government for the year one thoufand feven hundred and ninety," paffed the twenty-fixth day of March, one thoufand feven hundred and ninety ; " An acl; making certain appropriations therein men- tioned," palfed the twelfth day of Augufl, one thoufand feven hundred and ninety, and the product, during the prefent year, of fuchr duties as fhall be laid, in the prefent feflion of Congrefs.

FREDERICK AUGUSTUS MUHLENBERG,

Speaker of the Houfe of Representatives.

JOHN ADAMS, Vice-Prefident of the United States , and Prefident of the Senate.

Approved, February the nth, 1791 :

GEORGE WASHINGTON,

Prefident of the United States,

CHAPTER VII.

An Acl for the Admiffion of the State of Vermont into this Union.

THE State of Vermont having petitioned the Congrefs to be admitted a member of the United States, Be it enacled by the Se-, nate and Houfe of Reprefentatives of the United Voh. i.' N's

[ 282 ]

States of America in Congrcfs affembled, and it is state of hereby enacted and declared, That on the fourth Vermont day of March, one thoufand feven hundred mitied ?nto anc* ninety-one, the faid (late, by the name and anion, 4th ftile of " the State of Vermont," mall be re- 1701^ ' ceived and admitted into this Union, as a new

and entire member of the United States of

America.

FREDERICK AUGUSTUS MUHLENBERG,

Speaker of the Houfe of Reprefentatives. JOHN ADAMS, Vice- Prefident of the United

States, and Prefident of the Senate. Approved, February the 18th, 1791 : GEORGE WASHINGTON, Prefident of the United States.

CHAPTER VIII.

An Ac! to co?itinue in Force, for a limited Time, an Acl paffed at the jirft SeJJion of Congrefs, intituled, " An acl to regulate Procejfes in the Courts of the United States"

(expired.)

CHAPTER IX.

An Atl regulating the Number of Reprefenta- tives to be chofen by the States of Kentucky and Vermont.

-Watll aau- "13 E it enacled by the Senate and Houfe of Re- al cnume- Jj^ prefentatives of the United States of Ame- ahabitants rica in Congrefs affembled, That until the Re-

C 283 ]

prefentatives in Congrefs mall be apportioned ftatps of according to an actual enumeration of the in- anjll^ry habitants of the United States, the ftates of mont, en- Kentucky and Vermont mall each be entitled re?le[l°tl, to choofe two Reprefentatives. tive*.

FREDERICK AUGUSTUS MUHLENBERG,

Speaker of the Houfe of Reprefentatives. JOHN ADAMS, Vice-Prefident of the United

States, and Prefident of the Senate. Approved, February the 25th, 1791 : GEORGE WASHINGTON, Prefident of the United States.

CHAPTER X.

An Acl to incorporate the Subfcribers to the Bank of the United States.

I THERE AS it is conceived that the ef- Y tablifhment of a bank for the United States, upon a foundation fufficiently extenfive to anfwer the purpofes intended thereby, and at the fame time upon the principles which af- ford adequate fecurity for an upright and pru- dent adminiflration thereof, will be very con- ducive to the fuccefsful conducting of the na- tional finances ; will tend to give facility to the obtaining of loans, for the ufe of the go- vernment, in fudden emergencies ; and will be productive of confiderable advantages to trade and iaduftry in general : Therefore,

Preamble,

[ ^84 ]

EftahiiYh- Sec. i. BE It enacted by the Senate and Houf

nieni of a cj Rcprefentathes of the United States of A me -

v. states, r'tca in Conyrefs a//emb/edy That a bank of the

| ^jknt United States fliall be eilabliihed ; the capital

of its ffock,' ftock whereof mall not exceed ten millions

and time of Qf dollars, divided ' into twenty- five thoufand

ing. fhares, each mare being four hundred dollars ;

and that fubfcriptions, towards conflituting the

laid ftock, mall, on the firfl Monday of April

next, be opened at the city of Philadelphia,

under the fuperinteridance of fuch perfonsj, not

lefs than three, J as mall be appointed for that

purpofe by the Prefident of the United States

(who is hereby empowered to appoint the faid

perfons accordingly) which fubfcriptions mail

continue open, until the whole of the faid flock

mail have been fubfcribed.

whom Sec. 2. And be it further enacted^ That it fhall be lawful for any perfon, co-partnerfhip, or body politic, to fubfcribe for fuch or fo ma- ny fhares, as he, me, or they mall think fit, riot exceeding one thoufand, except as mail be hereafter directed relatively to the United States ; and that the Turns, • refpectively fub- Propor- fcribed, except on behalf of the United States, lions of {[V3l\\ \yC payable one fourth in gold and filver, Slyer -and and three fourths in that part of the public s-ficpublie debt, "which, according to the loan propofed fubfcribed, in the fourth and fifteenth feclions of the acT:, and entitled, " An act. making proviflon for the

debt of the United States,", mail bear an ac- cruing intereft, at the time of payment, of fix per centum per annum, and (hall alfo be pay- able in four equal parts, in the aforefaid ratio of fpecie to debt, at the diftance of fix calen- wken to be ^ar months from each other ; the firfl where-' ; tf of mall be paid at the time of fubfcriptiono

to be fub- fcribed.

[ *85 ]

Sec. 3. And be it further e'naMed, That all Cubfcriixr* thole, who mall become fubfcribers to the faid *° be »J*> bank, their fucceflbrs and affigns, mall be, and °y p° ' are hereby created and made a corporation and body politic, by the name and (tile of The By what Pre/ident, Directors and Company of the Bank i,ow ion /to <5/~//6«? United States ; and (hail fo continue, im- continue, til the fourth day of March, one thoufand eight hundred and eleven : And by that name, mail be, and are hereby made able and capable in law, to have, purchafe, receive, pofTefs, enjoy, and retain to them and their fucceflbrs, lands, p"wers- rents, tenements, hereditaments, goods, chat- tels and effects of what kind, nature or quali- ty foever, to an amount, not exceeding in the whole fifteen millions of dollars, including the amount of the capital flock aforefaid ; and the J'aoej^'1* fame to fell, grant, demife, aliene or difpofe of ; to fue and be fued, plead and be implead- ed, anfwer and be anfwered, defend and be defended, in courts of record, or any other place whatfoever : And alfo to make, have, and ufe a common feal, and the fame to break, to have & alter and renew, at their pleafure ; and alio ital> to ordain, eftablifh, and put in execution, fuch

. . ancl efla-

bye-laws, ordinances and regulations, as mall bHfobye- feem neceifary and convenient for the govern- lawn>- ment of the laid corporation, not being con- trary to law, or to the conftitution thereof (for which purpofe, general meetings of the flock- holders mall and may be called by the direc- tors, and in the manner hereinafter fpecified) and generally to do and execute all and fmgu- lar adfcss, matters and things, which to them it fhall or may appertain to do ; fubjecl never* thelefs to the rules, regulations, reftriftions, limitations and provificns hereinafter prefcrib- ed and declared,

[ 286 ]

Sec. 4. And be it further emitted. That, for andtime'o'r tne we^ ordering of the affairs of the faid cor- efc&ingdi. poration, there fhallbe twenty-five directors ; of whom there mall be an election on the firfl Monday of January in each year, by the (lock- holders or proprietors of the capital flock of the faid corporation, and by plurality of the votes actually given ; and thofe who mall be duly chofen at any election, mail be capable of ferving as directors, by virtue of fuch choice, until the end or expiration of the Monday of January next enfuing the time of fuch elec- tion, and no longer. And the faid directors, And of a at tnerr firfl meeting after each election, mail prdidtnt. choofe one of their number as Prefident,

Sec. 5. Provided always, and be it further enacled, That, as foon as the fum of four hun- dred thoufand dollars, in gold and filver, mail have been actually received on account of the fubfcriptions to the faid flock, notice thereof mall be given3 by the perfons under whofe fu- perintendance the fame mail have been made, in at lead two public gazettes printed in the city of Philadelphia ; and the faid perfons mail, at the fame time in like manner, notify a time and place within the faid city, at the difhnce of ninety days from the time of fuch notifica- tion, for proceeding to the election of direc- tors ; and it mall be lawful for fuch election to be then and there made : and the perfons, who mall then and there be chofen, mall be the firfl directors, and mall-be capable of ferv- ing, by virtue of fuch choice, until the end or expiration of the Monday in January next en- fuing the time of making the fame, end mall forthwith thereafter commence the operations of the faid bank, at the faid city of Philadel- phia. And provided further^ That, in cafe it

Provifo.

When 400,000 pilars in gold or fil- ver fhajl be fubferibed, notice be si veil, &c.

How direc- tors {hall be chofen, and time of iervice.

■s

[ 287 ]

fhould at any time happen, that an election of directors mould not be made upon any day when purfuant to this act it ought to have been made, the faid corporation (hall not for that caufe, be deemed to be diffolved ; but it mall be lawful, on any other day, to hold and make an election of directors in fuch maimer as mall have been regulated by the laws and ordinances of the faid corporation. And pro-

- vided laftly, That, in cafe of the death, refig- Vacrn nation, abfence from the United States, or re- filled up. moval of a director by the flockholders, his place may be filled up, by a new choice, for

, the remainder of the year.

Sec. 6. And be it further enacted, That the r/[reCur.TK directors for the time being (hall have power to &y>pomi to appoint fuch officers, clerks, and fervants oiliC£rs>&c- under them, as fhall be neceifary for execu- ting the bufmefs of the faid corporation, and to allow them fuch compenfation, for their fervices refpectively, as mail be reafonable ; and mail be capable of exercifmg fuch other powers and authorities, for the well governing and ordering of the affairs of the faid corpora- tion, as fhall be defcribed, fixed, and deter- mined by the laws, regulations, and ordinan- ces of the fame.

Sec. 7. And be it further enabled, That the following rules, reftrictions, limitations and ronftjta-°v' provifions, mail form and be fundamental ar- tioo. tides of the conflitution of the faid corpora- tion, viz.

I. The number of votes to which each flock- swdkKof- holder fhall be entitled, fhall be according to dershoww the number of fliares he fhall hold, in the pro- what pro- portions following: That is to fay, for one p°rtI>> w mare, and not more than two fhares, one vote : bribed, &

[ 288 ]

for every two fhares above two, and not ex ceeding ten, one vote : For every four fhares above ten, and not exceeding thirty, one vote : For every fix fhares above thirty, and not exceeding fixty, one vote : For every eight fhares above fixty, and not exceeding one hun- dred, one vote : And for every ten fhares above one hundred, one vote : But no perfon, co- partnerfhip, or body politic fliall be entitled to a greater number than thirty votes. And after the firri election, no mare or fhares (hall confer a right of fuffrage, which fhall not have been holden three calendar months previous h certain to the day of election. Stockholders actually votc3bya/ recent within the United States, and none proxy. other, may vote in elections by proxy. Number of ^* ^ot nio^e tnan three fourths of the di~ <Hre&orB rectors in office, exclufive of the prefident, cnfuSgf°r ma*l ^e eligible for the next fucceeding year i year, and But the director, who fhall be prefident at the time of an election, may always be re-elected.

III. None but a ftockholder, being a citi- tectors. zen of the United States, fhall be eligible as a

director. Gompenra- IV. No director fhall be entitled to any emo- liwd!36 luixient, unlefs the fame fhall have been allow- ed by the flockholders at a general meeting* The flockholders fhall make fuch compenfa- tion to the prefident, for his extraordinary at- tendance at the bank,= as fhall appear to them reafonable. £ow to ' V. Not lefs than feven directors fliall con- conitiuite ftitute a board for the tranfaction of bufmefs,7 of whom the prefident fhall always be one, ex- cept in cafe of ficknefs, or neceffary abfence ; in which cafe his place may be fupplied by any other director, whom he, by writing under Ms hand, fhall nominate for the purpofe.

i 2S9 ]

VI. A number of ftockholders, not lefs Nambsr qI than fixty, who, together (hall be proprietors tt0c}^®odw"- of two hundred (hares or upwards, mall have ered to call power at any time to call a general meeting ^e€UBS' of the ftockholders, for purpofes relative to

the inftitution, giving at leaft ten weeks notice, in two public gazettes of the place where the bank is kept, and fpecifying, in fuch notice, the object or objects of fuch meeting.

VII. Every cafhier or treafurer, before he Cafhieraiui enters upon the duties of his office, mall begivebond. required to give bond, with two or more fure-

ties, to the fatisfaction of the directors, in a fum not lefs than fifty thoufand dollars, with condition for his good behaviour.

VIII. The lands, tenements and heredita- Jj™^"1^ ments which it mall be lawful for the faid cor- tyj poration tohold, fhall be only fuch as mall be re- quifite for its immediate accommodation in re- lation to the convenient tranfacting of its bufi-

nefs, and fuch as fhall have been bona fide mort- gaged to it by way of fecurity, or conveyed to it in fatisfaclion of debts previoufly contrac- ted in the courfe of its dealings, or purchafed at fales upon judgments which fhall have been obtained for fuch debts.

IX. The total amount of the debts, which andofdebtj the faid corporation fhall at any time owe, whe- ^y7 time^ ther by bond, bill, note, or other contract, owe.

-mall not exceed the fum of ttn millions of dollars, over and above the monies then actu- ally depofited in the bank for fafe keeping, unlefs the contracting of any greater debt in cafe of fhall have been previoufly authorized by a law SajJ^Ji of the United States. In cafe of excefs, the countable * directors, under whofe adminiftration it mail *°£"S!« happen, fhall be liable for the fame, in their aad- Vol, I. O 2

[ S9o fi

jnav be profeeuted

at

excefs

natural and private capacities ; and an action of debt, may in fuch cafe, be brought againft tlicm, or any of them, their or any of their heirs, executors or adminiflrators, in any court of record of the United States, or of either of them, by any creditor or creditors of the faid corporation, and may be profecuted to judg- ment and execution ; any condition, covenant, or agreement to the contrary notwithstanding. But this mall not be conflrued to exempt the faid corporation, or the lands, tenements, goods or chattels of the fame, from being: alfo liable for and chargeable with the faid excefs. Exception Such of the faid directors, who may have been abfentees° abfent when the faid excefs was contracted or time of created, or who may have diifented from the refolution or act whereby the fame was fo con- traded or created, may reflectively exone- rate themfelves from being fo liable, by forth- with giving notice of the fact, and of their ab- fence or diffent, to the Prefident of the United States, and to the ftockholders, at a general meeting, which they mall have power to call for that purpofe.

X. The faid corporation may fell any part of the public debt whereof its flock fhall be compofed, but mall not be at liberty to pur- chafe any public debt whatfoever ; nor fhall directly or indirectly deal or trade in any thing,

1 except bills of exchange, gold ©r filver bullion, or in the fale of goods really and truly pledg- ed for money lent and not redeemed in due time ; or of goods which mail be the produce of its lands. Neither fhall the faid corporation take more than at the rate of fix per centum per annum, for or upon its loans or difcounts.

XI, No loan mall be made by the faid cor*

Corpora- tion may fell public debt in flock, but not pur- chafe, &c.

and take not more than fi-x per cent. per annum.

ngna«

C 291 1

poration, for the ufe or on account" of the go- How & for vernment of the' United States, to an amount jj^, °n" exceeding one hundred thoufand dollars, or makeloan*. of any particular ftate, to an amount exceeding fifty thoufand dollars, or of any foreign prince or ftate, unlefs previoufly authorized by a law of the United States.

XII. The flock of the faid corporation mall A^.biiis, be affignable and transferable, according to

fuch rules as fhall be inftituted in that behalf, by the laws and ordinances of the fame.

XIII. The bills obligatory and of credit, under the feal of the faid corporation, which mall be made to any perfon or perfons, {hall be affignable by indorfement thereupon, un- i,c affi der the hand or hands of fuch perfon or per- fons, and of his, her, or their afiignee or af- fignees, and fo as abfolutely to transfer and and vefl the property thereof in each and every af- fignee or affignees. fucceffiveiy, and to enable fuch afiignee or afiignees to bring and main- tain an action thereupon in his, her, or their

own name or names. And bills or notes, which 0bhvatorr- may be iffued by order of the faid corporation, figned by the prefident, and counteriigned by the principal cafhier or treafurer thereof, pro- mifmg the payment of money to any perfon or perfons, his, her, or their order, or to bearer,, though not under the feal of the faid corpora- tion, mail be binding and obligatory upon the fame, in the like manner, and with the like force and effect., as upon any private perfon or perfons, if iffued by him or them, in his, her, or their private or natural capacity or capaci- ties ; and fhall be affignable and negotiable, in like manner, as if they were fo iffued by fuch private perfon or perfons ; that is to fay, thofe 1 which fhall be payable to any perfon or per-

[ 292 ]

ferns, his, her, or their order, mall be afligna- ble by iiidorfement, in like manner, and with the like effect, as foreign bills of exchange now are ; and thofe which are payable to bearer, ihall be negotiable and affignable by delivery only. Dividends XIV. Half yearly dividends mall be made njadcv S of fo much of the profits of the bank, as mall appear to the directors advifeable ; and once in every three years, the directors mail lay be- fore the ftockholders, at a general meeting, for their information, an exact and particular itatement of the debts, which (hall have remain- ed unpaid after the expiration of the original credit, for a period of treble the term of that credit ; and of the furplus of profit, if any, af- ( ter deducting loffes and dividends. If there ihall be a failure in the payment of any part of any fum, fubfcribed by any perfon, co-part- nerfhip, or body politic, the party, failing mail lofe the benefit of any dividend, which may have accrued, prior to the time for makinp- fuch payment, and during the delay of the fame.

©sices may ^Vy It ihall be lawful for the directors

be etta aforefaid, to eftablifh offices wherefoever they

Sn, ihall think fit, within the United States, for

states, for the purpofes of difcount and depofit only,

deDoHt^on- anc^ upon the fame terms, and in the fame

lys &c manner, as ihall be practifed at the bank ;

and to commit the management of the faid

offices, and the making of the faid difcounts,

to fuch perfons, under fuch agreements, and

. fubject to fuch regulations as they Ihall deem

proper ; not being contrary to law, or to the

conftitution of the bank.

XVI. The officer at the head of the treaf%

c 293 g

ry department of the United States, mall be °^/of furnifhed, from time to time, as often as he thcjtreafu- may require, not exceeding once a week, JrShrf with ftatements of the amount of the capital with Oart- ftock of the faid corporation, and of the debts mcnte* due to the fame ; of the monies depofited there- in ; of the notes in circulation, and of the cafh In hand ; and fhall have a right to infpecl fuch general accounts in the books of the bank, as ihall relate to the faid ftatements : Provided, That this Ihall not be conftrued to imply a Not of . right of infpe&ing the account of any. private vate nature. individual or individuals with the bank.

Sec. 8. And be it further enacled, That if Penalty for the faid corporation, or any perfon or perfons j^"2 ^ for or to the ufe of the fame, fhall deal or goods, fee- trade in buying or felling any goods, wares, merchandize, or commodities whatfoever, con- trary to the provifions of this aft, all and eve- ry perfon and perfons, by whom any order or direclion for fo dealing or trading ihall have been given, and all and every perfon and per- fons who mall have been concerned as parties or agents therein, fhall forfeit and lofe treble the value of the goods, wares, merchandizes, and commodities, in which fuch dealing and trade mail have been ; one half thereof to the ufe of the informer, and the ether half there- of to the ufe of the United States, to be reco- vered with cofts of fuit.

Sec. 9. And be it further enabled. That if Hew mo- tile faid corporation mail advance or lend any n«Tn>»y*,e

r r 1 r r i J advanced

turn, for the ule or on account or the govern- or lent. ment of the United States, to an amount ex- ceeding one hundred thoufand dollars ; or of any particular ftate to an amount exceeding fifty thoufand dollars ; or of any foreign prince or ftate, (unlefs previoufly authorized thereto

Bills or

notes mac

C 294 ]

by a law of the United States) all and every perfon and perfons, by and with whole order, agreement, confent, approbation, or conni- vance, fuch unlawful advance or loan, fhall have been made, upon conviction thereof, mall forfeit and pay, for every fuch offence, treble the value or amount of the fum or funis which fhall have been fo unlawfully advanced or lent ; one fifth thereof to the ufe of the in- former, and the refidue thereof to the ufe of the United States j to be difpofed of by law and not otherwife.

Sec. 10. And be it further enacled^ That Jec<;V'f 'Ij ^le kills or notes of the faid corporation, ori- sLes? C ghially made payable, or which fhall have be- come payable on demand, in gold and filver coin, fhall be receivable in all payments to the United States.

Sec. ii. And be it further enacled, That SoSa'de {t &al1 be &wfvii for the prefident of the Uni- by United ted States, at any time or times, within eigh- toTepaiX teen montns aft£r the nrlf day of April next, &c. to caufe a fubfcription to be made to the {lock

of the faid corporation, as part of the aforefaid capital flock of ten millions of dollars, on be- half of the United States, to an amount not exceeding two millions of dollars ; to be paid out of the monies which fhall be borrowed by virtue of either of the acts, the one entitled, " An acl: making provifionfor the debt of the United States ;" and the other entitled, " An acl making provifion for the reduction of the public debt j" borrowing of the bank an equal fum, to be applied to the purpofes, for which the faid monies mall have been procured ; re- imburfable in ten years, by equal annual in- ftallments ; or at any time fooner, or in any

t 295 ]

greater proportions, that the government may think fit.

Sec. 12. And be it further endfitd, That No othw^ no other bank fhall be eftablifned by any fu- e'Sblifhed. fure law of the United States, during the con- tinuance of the corporation hereby created ; for which the faith of the United States is hereby pledged.

FREDERICK AUGUSTUS MUHLENBERG, Speaker of the Houfe of Reprefentatives. JOHN ADAMS, Vice-Prefident of the United

States , and Prejident of the Senate* Approved, February the 25th, .1791 : GEORGE WASHINGTON, Prefident of the United States, \

CHAPTER XL

An Acl fupplementory to the Acl, intituled, " An Act to incorporate the Subfcribers to the Bank of the United States,

Sec. 1. "JO E it enacled by the Senate and •

Jl3 Houfe of Reprefentatives of the United States of America in Congrefs affimbled, That the fubferiptions to the flock of the bank fa^E of the United States, as provided by the acl, bank flock intituled, " An acl to incorporate the fubferi- prw ongc * bers to the bank of the United States," Ihali not be opened until the firfl Monday in July next.

Sec. 2. And be it further enaclecL That fo _,. , much ot the tint payment as by the iaja act firfl: pay- is directed to be in the fix per cent, certificates mcHC- of the United States, may be deferred until the firfl: Monday in January next.

Not more Sec. 3. And be it further enacled, That no

than th;r-tv ^„„r . y , , .. . '

ftarescob'c pencil, corporation, or body politic, except 111 fubfcribcd behalf of the United States, (hall, for the fpace at one time. Qf ^^ months aftcr t]le ^ firfl. Monday in

July next, fubferibe in any one day for more

than thirty mares. poruonf0" Sec. 4. And be it further enacled, That eve- when to' be ry fubferiber mail, at the time of fubferibing, Failure*^ Pay mt0 the hands of the psrfons who fhall be future pay- appointed to receive the fame, the fpecie pro- forfeit fom Porti°n required by the faid act to be then paid, firft paid. And if any fuch fubferiber fhall fail to make

any of the future payments, he fhall forfeit

the fum fo by him firft paid, for the ufe of the

corporation.

Sec. 5. And be it further enacted, That fuch in what part 0£ tne pUbijc debt, 'including the afrumed

manner * > r ? o

public debt debt, as is funded at an interefl of three per

^extent 3 cent* may t>e Pa*d to tne bank, in like man-

may-bepaid ner with the debt funded at fix per cent, com-

tottiebank. pUt;ng the 'value of the former at one half the

value of the latter, and referring to the fub-

fcribers who fhall have paid three per cent.

flock, the privilege of redeeming the fame

with fix per cent, flock, at the above rate of

computation, at any time before the firfl day

of January, one thoufand feven hundred and

ninety-three ; unlefs the three per cent, fleck

fhall have been previoufly difpofed of by the

directors.

FREDERICK AUGUSTUS MUHLENBERG,

Speaker of the Hoafe of Reprefentatives. JOHN ADAMS, Vice -Prefident of the United

States, and Prefident of the Senate. Approved, March the fecond, 1791 : GEORGE WASHINGTON,

Prefident of the United States.

[ 297 1 CHAPTER XII.

Mn Ac! giving Effecl to the Laws of the United States within the State of VermonU

Section r. 1FJE it enacled by the Senate and JljI Houfe of Reprefentatives of the United States of America, in Congrefs affembled, That from and after the third day of March Laws of the next, all the laws of the United States, which u- StPt"

i . i.ii i i j extended to

are not locally inapplicable, ought to have, and Vermont 5 mall have, the fame force and effect within the flate of Vermont, as elfewhere within the Uni- ted States.

And to the end that the ad, intituled, " An aft to eftablifh the judicial courts of the United States,'* may be duly adminiflered within the faid date of Vermont,

Sec. 2. Be it further enacled, That the faid Vermont to ftate mail be one diftricl:, to be denominated beadiana Vermont-Diftricl ; and there mail be a diftria g£ ^ a court therein, to confift of one judge, who court and mail refide within the faid diftricl:, and be cal- ^udgei led a diftricVjudge, and fhall hold annually four femons ; the firft to commence on the Number & . firft Monday in May next, and the three other timc of fef- feffions progreffively on tire like Monday of °ns' every third calendar month afterwards. The an(i whcre* faid diftricl: court fhall be held alternately at held- the towns of Rutland and Windfdr, beginning at the firft*

Sec. 3. And -be it further enacled, That the Annexed to faid diftricl mail be, and the fame hereby is ^e eafter?

1 -i n • Aii circuit, and

annexed to the ealtern circuit. And there have a cir- fhall be held annually in the faid diftria one cuit court; circuit court ; "the firft feffion mall commence on the feventeenth day of June next, and the Vol. I. P 2

where held.

I 29S ]

fubfequent femons on the like day of June af- terwards, except when any of the faid days mall happen on a Sunday, and then the feffion mall commence on the day following ; and . the faid feilions of the faid circuit courts mail be held at the town of Bennington.

Com enfa- ^ec* 4* ^n<^ ^e & farther enacled, That there tion to the fhall be allowed to the judge of the faid diflrift judge. court the yearly compenfation of eight hun- dred dollars, to commence from the time of his appointment, and to be paid quarter-yearly at the treafury of the United States.

Sec. k. And be it further enacled. That all

An enume- J J ■ a. , .

ration of the regulations, provmons, directions, authon- bmts°to be ^es' Penakies ana" other matters whatfoever, made. (except as herein afterwards is exprefsly pro- vided) contained and expreffed in and by the aft, intituled, " An aft providing for the enu- meration of the inhabitants of the United States," fhall have the fame force and effeft within the faicl ftate of Vermont, as if the fame were, in relation thereto, repeated and re- enafted in and by this prefent aft.

Enumera- Sec. 6. And be it further enacled, That the enumeration of the inhabitants of the faid ftate mail commence on the firft Monday of April next, and fhall clofe within five calendar months thereafter.

Cbmrtenfa- Sec. 7. And be it further enabled, That the

tion ro the- mar£hal of the diftrift of Vermont mail receive

therefor, in full compenfation for all the duties and fer-

vices confided to, and enjoined upon him in

and by this aft in taking the enumeration

aforefaid, two hundred dollars.

And that the aft, intituled, " An aft to Duties- on provide more effectually for the collection of

articles 3m- i.1.. r . . . J , ,

poitei the duties irnpoiea oy law on goods, wares and

tion of in •-habitants, when to commence

[ 299 1

merchandize imported into the United States, within laid and on the tonnage of mips and veffels," may J^^J be carried into effect in the faid ftate of Ver- kdted. mont :

Sec. 8. Be it further enacled, That for the due collection of the faid duties, there mall be in the faid ftate of Vermont one diftrict ; and a collector mail be appointed, to refide at Allburgh on Lake Champlain, which mail be the only port of entry or delivery within the Port of w- faid diftricl, of any goods, wares or merchan- ifvcry. dize, not the growth or manufacture of the United States.

Provided neverthek/s, That the exception contained in the fixty-ninth lection of the act laft above mentioned, relative to the diftrict of Louifville, fhall be and is hereby extended to the faid port of Allburgh.

FREDERICK AUGUSTUS MUHLENBERG,

Speaker of the Houfe of Reprefentatives. JOHN ADAMS, Vice- Prefident of the United

States, and Prefident of the Senate. Approved, March the fecond, 1791 : GEORGE WASHINGTON,. Prefident of the United States.

CHAPTER XIIL

An Acl to explain and amend an Acl, intituled':, " An Acl making further Provifwn for the Payment of the Debts of the United States J*

Section 1. Ipl E it enacled by the Senate and

j|3 Houfe of Reprefentatives of the

United States of America in Congrefs affembled^

That the duty of one cent per pounc£? laid by^

[ 300 ]

Buty laid the a<fts " making further provision for the

extenS Payment of the debts of the United States/'

manufac- on bar and other lead, {hall be deemed and

lead! °f ta^en t0 extend to all manufactures wholly of

lead, or in which lead is the chief article, which

fhall hereafter be brought into the United

States, from any foreign port or place.

Duty laid Sec. i. And be it further enacled, That the

on chintzes duty of feven and a half per cent ad valorem,

ded to ma- laid, by the act aforefaid on chintzes, and co-

nufaaures loured calicoes, fhall be deemed and taken to

linen or extend to all printed, ftained, and coloured

«;ot.tpn,. goods, or manufactures of cotton, or of linen,

or of both, which hereafter fhall be brought

into the United States from any foreign port

or place.

Provided always, That nothing in this act fhall in any wife affect the true conftru&ion or meaning of the acl: aforefaid in relation to any of the above defcribed articles brought into the United States before the paffing of this acl.. FREDERICK AUGUSTUS MUHLENBERG, Speaker of the Houfe of Reprefentathes.

JOHN ADAMS, Vice-Prefident of the United'

States, and Prefident of the Senate., Approved, March the fecond, 1791 : GEORGE WASHINGTON,

Prefident of the United States*

CHAPTER XIV.

An Acl fixing the Time for the next annual Meeting ofCongrefs.

(expired.)

[ 3QI 3 CHAPTER XV.

An Ac! repealing, after the lafi Day of fane next, the Duties heretofore laid upon diftilled Spirits imported from Abroad, and laying o'hers in their Stead ; and alfo upon Spirits dijlilled within the United States, and for appropria- ting the fame.

Section i . "0> E it enabled by the Smaie and j[3 Houfe of Reprefentatives of the tfnited States of America in Congrefs affe?nbled, That after the laft day of June next, the du- ties laid upon diftilled fpirits by the act, inti- tuled, " An act making further provifion for the payment of the debts of theUnited States," fhall ceafe ; and that upon all diftilled fpirits Duties to which fhall be imported into the United States |?e. ?ai<? on

r t i r r i lpints lm-

after that day, from any foreign port or place, ported; there fhall be paid for their ufe the duties fol- lowing ; that is to fay : For every gallon of thofe fpirits more than ten per cent below proof, according to Dicas's hydrometer, twen- ty cents. For every gallon of thofe fpirits \h\- der five, and not more than ten per cent below proof, accordingto the fame hydrometer, twen- ty-one cents. For every gallon of thofe fpirits of proof, and not more than five per cent be- low proof, according to the fame hydrometer, twenty-two cents. For every gallon of thofe fpirits above proof, but not exceeding twenty per cent according to the fame hydrometer, twenty-five cents. For every gallon of thofe fpirits more than twenty, and not more than forty per cent above proof, according to the fame hydrometer, thirty cents. For every gal- lon ®f thofe fpirits more than forty per cent above proof, according to the fame hydrome- ter, forty cents,

C 3°2 "}

how to bo»l

and the payment thereof how to be fec«red.

Sec. 2. And be it further enabled, That the faid duties fliall be collected in the fame man- ner, by the fame perfons, under the fame regu- lations, and fubject to the fame forfeitures and other penalties, as thofe heretofore laid ; the act concerning which fhall be deemed to be in full force for the collection of the duties herein before impofed, except as to the alter- ations contained in this act.

Sec. 3. And be it further enabled, That the faid duties, when the amount thereof mail not exceed fifty dollars, mall be immediately paid; but when the faid amount fhall exceed fifty, and fhall not amount to more than five hun- dred dollars, may, at the option of the propri- etor, importer or confignee, be either imme- diately paid, or fecured by bond, with condi- tion for the payment thereof in four months y and if the amount of the faid duties fhall ex- ceed five hundred dollars, the fame may be immediately paid or fecured by bond, with con- dition for the payment thereof in fix months ; which bond, in either cafe, at the like option of the proprietor, importer or confignee, fhall either include one or more fureties to the fa- tisfaction of the collector, or perfon acting as fuch, or fhall be accompanied with a depofit in the cuflody of the faid collector, or perfon ac- ting as fuch, of fo much of the faid fpirits as fhall in his judgment be a fufficient fecurity for the amount of the duties for which the faid bond fhall have been given, and the charges of the fafe keeping and fale of the fpirits fo depofited ; which depofit fhall and may be accepted in lieu of the faid furety or fureties, and fhall be kept by the faid collector, or per- fon acting as fuch, with due and reafonable care at the expenfe and rifk of trie party or

[ 3^3 ]

parties on whofe account the fame jDhall have been made ; and if at the expiration of the time mentioned in the bond for the payment of the duties thereby intended to be fecured, the fame (hail not be paid, then the faid de- pofited fpirits mail be fold at public fale, and the proceeds thereof, after deducting the charges of keeping and fale, mall be applied to the payment of the whole fum of the duties for which fuch depofit mall have been made, rendering the overplus of the faid proceeds, and the refidue of the faid fpirits, if any there be, to the perfon or perfons by whom fuch * depofit mail have been made, or to his, her or their reprefentatives.

Sec. 4. In order to a due collection of the duties impofed by this act, Be it further enacted, That the United States mall be divided into robeciivi- fourteen diftricts, each cob filling of one flate, afftriS^T but fubject to alterations by the Prefident of confining the United States, from time to time, by ad- J^of * ding to the fmalier fuch portions of the greater as mall in his judgment bell tend to fecure and facilitate the collection of the revenue ; which diftricts it mall be lawful for the Prefi- dent of the United States to fubdivide into Diftri&s t»- furveys of infpection, and the fame to alter at be fabdivi- his difcretion. That the Prefident be autho- furveysof rized to appoint, with the advice and confent iufpe&io?. of the Senate, a fupervifor to each diilrict, and as many infpectors to each furvey therein as f0r 2*2"" he mall judge ncceffary, placing the latter un- appointed der the direction of the former. Provided al- trfas,lnd" ways, That it mall and- may be lawful for the infpedtor* Prefident, with the advice and confent of the vTvs. e "*" Senate, in his difcretion to appoint, fuch and fo many officers of the cuftoms to be infpee- tors in any furvey of infpection as he (hall deem

C 3°4 3

advifable to employ in the execution of this

officers of act : pro>vided alfo, That where, in the judg-

Ld'fuper1-5 nient of the Prefident, a fupervifor can dil-

vifors eiigi- charge the duties of that office, and alfo that

fpeaor"" of inipector, he may direct the fame : And

provided further. That if the appointment of

the .infpectors of furveys, or any part of them,

mall not be made during the preient feffion of

Congrefs, the Prefident may, and he is hereby

menSn- empowered to makefuch appointments during

KfmadV0 tne recefs °f tne Senate, by granting commif-

diiringthe iions which -fhall expire at the end of their

reeds. next feffion.

Snpervifors Sec. $• And be it further cnacled, That the andinfpec- fupervifors, infpectors and officers to be ap- accomitn pointed by virtue of this act, and who mall be records of charged to take bonds for fecuring the pay- SioiT nient of the duties upon fpirits diftilled with- in the United States, and with the receipt of monies in difcharge of fuch duties, fhall keep -fair and true accounts and records of their ■tranf actions in their refpective offices, in fuch manner and form as may be directed by the proper. department or officer having thefuper- intendance of the collection of the revenue, fiabmit the an(} filaj| at ajj times fubmit their books, pa-

iame to a . A . r r i

proper offi- pers and accounts to the mlpeccion or iucli cer; perfons as are or may be appointed for that

Superiors purpofe, and mall at all times pay to the or- and infpec- ^eT 0f VAQ officer," who is or mall be authori- aiidiemo- zed to direct the. payment thereof, the whole nies they of the monies which they may refpectiveiy re- and ■ ceive by virtue of this act, and fhall alfo once in every three months, or oftener if they mall be required, tranfmit their accounts for fet- att;ouutT'T tlement to the officer or officers who fe duty it quarterly, is? or Iliall be to make fuch fetdement.

c m 3

Sec. 6. And be it further enacled, That all perfona i'9 officers and perfons to be appointed purfuant be append to this act, before they enter on the duties or this aci w their refpeclive offices, fhall take an oath or tak- "a affirmation diligently and iaithmlly to exe- cute the duties of their faid offices respectively.; and to ufe their beft endeavors to prevent and detect frauds, in relation to the duties on fpi- rits impofed by this act,, which oath or affir- mation may be taken before any magiftrate authorized to administer Oaths within the dif- trict. orfurvey to which he belongs, and being certified under the hand and Teal of the ma- giftrate by whom the fame fhall have been ad- ministered, fhall within three months thereaf- andtfctti/- ter be tranfmitted to the comptroller of the ^}Jj£f treafury, in default of taking which oath or ler; affirmation, the party failing fhall forfeit and pay two hundred dollars for the ufe of the default United States, to be recovered with cofts of thercofj fuit.

Sec, j. And be it further enacled, That the ■ , _ h fupervifor of the revenue for each diftricT:, fhall infpe&iorf eftablifh one or more offices within the fame^ |?pbe,cflab* as may be neceffary ; and in order that the faid offices may be publicly knowX, there fhall be painted or written in large legible charac- ters upon fome confpicuous part outfide and in front of each houfe, building or place in which any fuch office fhall be kept, thefe words," OFFICE OF INSPECTION;" and if any perfon fhall paint or write, or caufe to be painted or written, the faid words, Upon any other than fuch houfe or building, he or fhe fhall forfeit and pay for fo doing, one hun- dred dollars.

Sec. 8. And be it further enacled^ That within forty-eight hours after anv fHip or vef- V©L. I; ' * Q^2

C 306 ]

Repoct jo fel, having on board any diflilled fpirits brought

wS^o»° *n fucn^P or yeflfel fr°m anY foreign port'or orim.oriii place, mail arrive within any port of the Uni-

tjtafaf fpi- ted gtateS;) whether the jfame be thc flr(i. port:

of arrival of fuch flaa-p or veflel, or not, the mailer or perfon having the command or charge thereof, mall report to one of the infpectors of the port at which file mall fo arrive, the place from which me lafl failed, with her name and burthen, and the quantity and kinds of the faid fpirits on board of her, and the cafks, vefleis or cafes containing them, with their marks and numbers ; on pain of forfeiting the fum of five hundred dollars.

vhieh the Sec. 9. And be it further enacled^ That the toik&or colle&or or other officer, or perfon acting as "Collector, with whom entry mall have been made of any of the faid fpirits, purfuantto the act, intituled, " An act. to provide more ef- fectually for the collection of the duties im- pofed by law on goods, wares and merchan- dizes imported into the United States, and on the tonnage of fhips or vefleis,*' fhall forth- with after fuch entry certify and tranfmit the ^l ?Ht fame> as particularly as it mall have been made totheoffi'- with him, to the proper officer of inspection, cer of in- Qf t}le port -where it (hall be intended to com- where the menCe the delivery of the fpirits fo entered, or bPirdeVfliaI1 any Part thereof: for which purpofe, every cd. proprietor, importer or confignee, making

. fuch entry, (hail deliver two manifefts of the contents (upon one of which the faid certificate fhall be given) and fhall at the time thereof de- clare the port at which the faid delivery mall be fo intended to be commenced, to the col- le&or or officer with whom the fame mail be made. And every permit granted by fuch collector, for the landing of any of the faid

C 3°7 ]

Ipirits, fhall previous to fuch landing, be pro- E»d«>rfe- duced to the faid officer of infpeclion, who permits' by iliall make a minute in fome proper book, of fc%>«£w the contents thereof, and mall endorfe there- previous to upon the word " INSPECTED," the time tlieiJ"n.;^s when, and his own name : after which he fhall return it to the perfon by whom it {hall have been produced ; and then, and not otherwife it fhall be lawful to land the fpirits therein fpecified ; and if the faid fpirits fhall be landed Uv on without fuch endorfement upon the permit failure' for that purpofe granted, the mafter or per- thercftf- fon having charge of the fhip or veffel from which the fame mail have been fo landed, mall for every fuch offence forfeit the fum of five hundred dollars.

Sec. 10. And be it further enacled^ That Spirits whenever it fhall be intended that any fhip or J^l j-^ veffel fhall proceed with the whole or any part interred to of the fpirits which fhall have been brought Mother in in fuch fhip or veffel from any foreign port or *he Uuita place, from one port in the United States to < a eb' another port in the faid United States, whe- ther in the fame or in different diflricls, the mailer or perfon having the command or charge of fuch mip or veffel, fhall previous to her departure, apply to the officer of inipeclion, to whom report was made, for the port from which fhe is about to depart, for a certificate of the quantity and particulars of fuch of the fiiici fpirits as fhall have been certified or re- pg^Lsd w ported to him to have been entered as iropor- an frrfpasH ted in fuch i-hip or veffel, and of fo much there- of as fhall appear to him to have been landed out of her at fuch port ; which certificate the faid officer fhall forthwith grant. And the mafter or perfon having the command or charge ©1 fuch fhip or veffel, fhall within twenty- four

tor

t 308 ]

»nd penal- houfrs after her arrival at the port to which (fee iKofTif- mal1 be bound, deliver the faid certificate to ids for ne- the proper officer of inflection of fuch laff. men- comply5 l° tioned port. And if fuch fhip or veiTel fhall |iafwith ; proceed from one port to another within the United States, with the whole or any part of the fpirits brought in her as aforefaid, without having firft obtained fuch certificate ; or if within twenty-four hours after her arrival at fuch other port, the faid certificate fhall not be delivered to the proper officer of infpe&ion there, the mafter or perfon having the com- mand or charge of the faid fhip or veffel, fhall in either cafe forfeit the fum of five hundred pnd forfd- dollars ; and the fpirits on board of her at her ^kf^ faid arrival, fhall be forfeited, and maybefeiz- ed by any officer of infpection,

Spirits im- Sec. 11. And be it farther enacled, That all forditT'1" fpints which fhall be imported as aforefaid, how to be fhall be landed under the infpeclion of the of- Japied ; £cer or 0^cers 0f infpection for the place where the fame fhall be landed, and not otherwife, on pain of forfeiture thereof ; for which pur- pofe the faid officer or officers fhall, at all rea- sonable times, attend : Provided, That this fhall not be conftrued to exclude the inflec- tion of the officers of the cuftoms as now ef? £ablifhed and praftifed,

, , t. Sec. 1 2. And be it further enacled, That

jmd duties . J , '

®i officers the pincers or lnlpechon under whole iurvey

tion when anY °f t^le ^^ *FrJts mail be landed, fhall up- landed, on landing thereof, and as foon as the cafks, veffels and cafes containing the fame fhall be gauged or meafured, brand or otherwife mark in durable characters, the feveral cafks, veffels or cafes containing the fame, with progreffive jiMmbers j and alfo with the name of the fhip

t 3°9 ]

or veffel wherein the fame was or were impor- ted, and of the port of entry, and with teie >proof and quantity thereof; together with fuch other marks, if any other mail be deemed needful, as the refpe&ive fupervifors of the revenue may direct. And the laid officer fhall keep a book, wherein he (hall enter the name of each vefTei in which any of the laid fpirits mall be fo imported, and of 'the port of entry and of delivery, and of the mailer of fuch vef- fel, and of each importer, and the feveral cafks, veffels and cafes containing the fame, and the marks of each : and if fu'ch officer is not the chief infpeftor within the furvey, he fhall as foon as may be thereafter, make an exact tranfcript of each entry, and deliver the fame to fuch chief officer, who fhall keep a like book for recording the faid tranfcript. - Sec. 1 1. And be it further enafted* That ^_ ,

O J . O.bcer of

the chief officer or infpecfron within whole infpcftfcn furvey any of the laid fpirits mall be landed, ^^"^j. ilidli give to the proprietor, importer or con- ty of fpirits fignee thereof, or his or her agent, a certifi- landed» cate to remain with him or her, of the whole .quantity of the faid fpirits which fhall have been fo landed ; which certificate, befides the faid quantity, fhall fpecify the name of fuch proprietor, importer or conugnee, and of the veffel from on board which the faid fpirits faall have been landed, and of the marks of each cafk, veffel or cafe containing the fame. And the faid officer fhall deliver to the faid propri- Yhlch ?iaI1

. -T r ierve to

etor, importer or confignee, or to his or her fliew the aa;ent, a like certificate for each cafk, veffel or !c£ahty of

O ' ; 'its jvnpor-

cafe ; which fhall accompany the fame where- tationr •foever it fhall be fent, as evidence of it's being lawfully imported. And the officer granting the faid certificates, fhall make regular and ex.-

C 3*° 3

and to make a(^- entries in the book to be by him kept as

entries ■• s*

thereof; aforefaid, of all fpirits for which the fame ihall be granted, as particularly as therein de-, fcribed. And the faid proprietor, importer or ™fi h s°el" Gon%Qee, or his or her agent, upon the fale fhaii be de- and delivery of any of the faid fpirits, Ihall de- nurchlfers- ^ver to ^e purchafer or purchafers thereof, the penalty on certificate or certificates which ought to ac- Sereof. company the fame ; on pain of forfeiting the fum of fifty dollars, for each caik, veffel or cafe with which fuch certificate- fhall not be deli- vered.

Sec. 14. And be it further enabled, That fpirits* dif- upon all fpirits which after the faid lad day of rilled with- june next, fhall be diftilled within the United states from States, wholly or in part from molafTes, fugar, foreign ma- or other foreign materials, there fhall be paid for their ufe the duties following ; that is to fay : For every gallon of thofe fpirits more than ten per cent below proof, according to Dicas's hy- drometer, eleven cents. For every gallon of thofe fpirits under five and not more than ten per cent below proof, according to the fame hydrometer, twelve cents. For every gallon of thofe fpirits of proof and not more than five per cent below proof, according to the fame hydrometer, thirteen cents. For every gallon of thofe fpirits above proof, and not exceed- ing twenty per cent, according to the fame hy- drometer, fifteen cents. For every gallon of thole fpirits more than twenty and not more than forty per cent above proof, according to the fame hydrometer, twenty cents. For eve- ry gallon of thofe fpirits more than forty per cent above proof, according to the fame hy- drometer, thirty cents.

Sec. 15. And be it further enacted, Tha£

C jW 3

upon all fpirits which after the faid lail day of Duties- on Tune next, (hall be diftilled witliin the United fPJri,ie *f;

J ' ; tilled from

States, from any article or the growth or pro- home ar«- duce of the United States, in any city, town cles,» or village, there mall be paid for their ufe the duties following ; .that is to fay : For every gallon of thofe fpirits more than ten per cent below proof, according to Bicas's 'hydrometer, nine cents. For eyery gallon of thofe fpirits under five and not more than ten per cent be- low proof, according to the fame hydrometer, ten cents. For every gallon of thofe fpirits oi proof, and not more than five per cent below proof, according to the fame hydrometer, ele- ven cents. For every gallon of thofe fpirits above proof, but not exceeding -twenty per cent, according to the fame hydrometer, thirteen cents. For every gallon of thofe fpirits more than twenty and not more than forty per cent above proof, according to the fame hydrome- ter, feventeen cents. 'For every gallon of thofe fpirits more than forty per cent above proof, according to the fame hydrometer, twenty- five cents.

Sec. 1 6. And be it further enabled. That the how to tie faid duties on fpirits diftilled within the United ct,ikae(L States, mall be collected under the manage-" inent of the fupervifors of the revenue.

Sec. i y. And be it further enacled, That the ,^ . laid duties on fpirits dilhlled within the Urn- fpSritsdif- ted States, {hall be paid or fecured previous j---^^]-?" to the removal thereof from the diflilleries at states, fi^w which they are refpectively made. And it fhall *jj* *e^* be at the option of the proprietor or proprie- tors of each diftiliery, or of his, her or their agent having the fupermtendance thereof, ei- ther to pay the faid duties previous to fuch re- moval, with an abatement at the rate of two

C P2 ]

cents for every ten gallons, or to fecure the* payment pf the fame, by giving bond quarter- yearly, with one or more fureties, to the fa- tisfaction of the chief officer of infpection with- in whole furvey fuch diftiilery fhall be, and in fuch funi as the faid officer mall direct, with and paid. Condition for the payment of the duties upon all fuch of the faid (pints as fhall be removed from fuch diftiilery, within three months next enfuing the date of the bond, at the expira- tion of nine months from the faid date.

superiors gec, jg. And be it further enabled. That the" Jffic?r?s to fupervifor of each diftrict mall appoint proper a4"e.V,d*° officers to have the char ere and furvey of the

mftilieries. ,.,,.,,. ... , r ° ' ^ . J ,

diftiilenes within the iame, alligning to each, one or more diftilleries as he may think pro- per, who (hall attend fuch diftiilery at all rea- sonable times, for the execution of the duties by this act. enjoined on him*

Cafkstobe Sec. 1 9. And be it further enacled, That

and gauged previous to the removal of the laid fpirits from

before a re- any diftiilery, the officer within whofe charge

therefrom, &nd furvey the fame may be, fhall brand or

otherwife mark each calk containing the fame,*

in durable characters, and with progreffive

numbers, and with the name of the acting

owner or other manager of fuch diftiilery,

and of the place where the fame was fituate,

and with the quantity therein, to be afcertain-

ed by actual gaugingj and with the proof

a*a Tocct' thereof. And the duties thereupon having

fed officer, been firft paid, or fecured, as above provided,

* entered ^ fa^ officer fhall grant a certificate for each

in a book n r t ? ' t r • • r r

according- calk or the laid ipints, to accompany the lame

Jy- wherefoever it fhall be fent, purporting that

the duty thereon hath been paid or fecured,

as the cafe may be, and defcribing each calk by

t 3*3 1

it's mark ; and fhall enter in a book for that jpurpofe to be kept, all the fpirits diftilled at fuch diftillery, and removed from tile fame ; and the marks of each calk, and the perfons for whofe ufe, and the places to which remo- ved, and the time of each removal, and the amount of the duties on the fpirits fo remo- ved. And if any of the faid fpirits fliall be re- Forfeiture moved from any fuch diftillery without having for remo- been branded or marked as aforefaid, or with- wUhout"1^ out fuch certificate as aforefaid, the fame, to- fuch certi-* gether with the cafk or cafks containing, and cate' an the horfes or cattle, with the carriages, their harnefs and tackling, and the veffel or boat \vith it's tackle and apparel employed in re- moving them, fhall be forfeited, and may be feized by any officer of infpection. And the fuperintendant or manager of fuch diftillery, fhall alfo forfeit the full value of the fpirits fo removed, to be computed at the highefl price of the like fpirits in the market.

Sec. so. And be it further enaffed, That for remote no fpirits mail be removed from any fuch dif- ^ma dSSii tillery at any other times than between fun- ierieswitfej rifing and fun-fetting, except by confent and °ky. auth0H in prefence of the officer having the charge and furvey thereof, on pain of forfeiture of fuch fpirits, or of the value thereof at the high- efl price in the market, to be recovered with cofts of fuit from the acling owner or manager of fuch diftillery.

Sec. 21. And be it further enacled, That up-; Duty on on ftills which after the laft day of June next, J?!"' vate fliall be employed in diftilling fpirits from ma- * ■ terials of the growth or production of the United States, in any other place than a city, town or village, there fhall be paid for the ufe of the United States, the yearly duty of fixty

Vol. L R 2

t 3*4 ]

- cents For every gallon, Englifh wine-meafure, of the capacity or content of each and every fuch frill, including the head thereof.

Evidence of Sec. 22. And be it further enaded, That the

ployment ; evidence of the employment of the faid ftills

mall be, their being erefted in Hone, brick or

fome other manner whereby they fhall be in a

condition to be worked.

Sec. 23. And be it further enacled, That the

L°Wcoiicc!° faid duties on ftills mal1 be collected under the ted ; aad management of the fupervifor in each diftricl:, who fhall appoint and affign proper officers for the furveys of the faid ftills and the admea- surement thereof, and the collection of the du- ties thereupon ; and the faid duties fhall be paid half-yearly, within the firft fifteen days of January and July, upon demand of the pro- prietor or proprietors of each frill, at his, her or their dwelling, by the proper officer char- what to be ged with the furvey thereof : And in cafe of o°refufa°ito re^u^ or neglect to pay, the amount of the pay it. duties fo refufed or neglected to be paid, may either be recovered with cofts of fuit in an ac- tion of debt in the name of the fupervifor of the diftricl:, within which fuch refufal fliall happen, for the ufe of the United States, or may be levied by diftrefs and fale of goods of the perfon or perfons refufing or neglecting to pay, rendering the overplus (if any there be after payment of the faid amount and the char- ges of diftrefs and fale) to the faid perfon or perfons.

ofS!fw Sec- H: And be lt further eM8edt That if havearight the proprietor of any fuch ftill, finding himfelf accwntof or kerfelf aggrieved by the faid rates, fhall the quanri. enter or caufe to be entered in a book to be ty^theydif- j^^ for ^^ purp0fe? from day to day when

[ 3*5 ]

fuch ftill fhall be employed, the quantity oF fpirits diftilled therefrom, and the quantity from time to time fold or otherwife difpofed' of, and to whom and when, and fhall produce- the faid book to the officer of infpection with- in whofe furvey fuch ftill fhall be, and fhall make oath or affirmation that the fame doth contain to the beft of his or her knowledge and belief, true entries made at their refpec- tive dates, of all the fpirits diftilled within the time to which fuch entries fhall relate, from fuch ftill, and of the difpofition thereof ; and fhall alfo declare upon fuch oath or affirma- tion, the quantity of fuch fpirits then, remain- ing on hand, it fhall be lawful in every fuch cafe for the faid officer to whom the faid book fhall be produced, and he is hereby required furnifh aa to eftimate the duties upon fuch ftill, accor- rule where- ding to the quantity fo ftated to have been ac- tjeS maybe tually made therefrom at the rate of nine cents eiUmated. per gallon, which, and no more, fhall be paid for the fame : Provided, That if the faid en- tries fhall be made by any perfon other than the faid proprietor, a like oath or affirmation fhall be made by fuch perfon.

And the more effectually to prevent the evafion of the duties hereby impofed on fpirits diftilled within the United States,

Sec. 25. Be it further enabled, That every DlfHiierst© perfon who fhall be a maker or diftiller of Placc thdr fpirits from molaffes, fugar or other foreign tionsonthe materials, or from materials the growth and "J^Jjr0* production of the United States, fhall write or Jiieries \ paint, or caufe to be written or painted upon fome confpicuous part outride and in front of each houfe or other building or place made ufe of, or intended to be made ufe of by him

C 3'6 3

or her for the diflillation or keeping of fpiri- tuous liquors, and upon the door or ufual en- trance of each vault, cellar or apartment with- in the fame, in which any of the faid liquors fhall be at any time by him or her diftilled, depofited or kept, or intended fo to be, the words " Difliller of Spirits j" and every fuch and fumifh difliller fhall within three days before he or the inipcc- f]ie fhall begin to diftil therein, make a parti- eccoum o" cular entry in writing, at the neareft office of their build- infpection, if within ten miles thereof, of every fuch houfe, building or place, and of each vault, cellar and apartment within the fame, in which he or flie fhall intend to carry on the bufmefs of diftilling, or to keep any fpirits by him or her diftilled. And if any fuch difliller jthall omit to paint or write, or caufe to be painted or written the words aforefaid, in man-, ner aforefaid, upon any fuch houfe or other building or place, or vault, cellar or apartment thereof, or mail, in cafe the fame be fituate within the faid diflance of ten miles of any penalty in office of infpection, omit to make entry thereof ^fe of ne- as aforefaid, fuch difliller fhall for every fuch ft;'' * omiffion or neglect, forfeit one hundred dol- lars, and all the fpirits which he or fhe fhall keep therein, or the value thereof, to be com- puted at the highefl price of fuch fpirits in the market ; to be recovered by action, with cofts of fuit, in any court proper to try the fame, in the name of the fupervifor of the diftrict within which fuch omiffion or neglect or omif- fion fhall be, for the ufe of the United States : when the Provided always, and be it further enacted, feid entry That the faid entry to be made by perfons who Sfked%Und {hall be diflillers of fpirits, on the firfl day of July next, fhall be made on that da), or with-* in three days thereafter, accompanied (except

[ 3T7 1

where the duties hereby impofed are charged on the Hill) with a true and particular account or inventory of the fpirits, on that day and at the time, in every or any houfe, building or place by him or her entered ; and of the cafks, cafes and veffels containing the fame, with their marks and numbers, and the quantities and qualities of the fpirits therein contained, on pain of forfeiting for neglect to make fuch en- forfeiture try, or to deliver fuch account, the fum of one I"egiea!' hundred dollars, and all the fpirits by him or her had or kept in any fuch houfe, building or place ; to be recovered as aforefaid.

Sec. 16. And be it further enacted, That the fupervifor of the revenue for the difhri£t superviJbrs wherein any houfe, building or place fhall be entered' fituate, whereof entry fhall be made as lad buildings, aforefaid, fhall as foon as may be thereafter, vifit and infpecl:, or caufe to be vifited and in- fpected by fome proper officer or officers of infpedion, every fuch houfe or other building or place within his diftri£t,. and fhall take or caufe to be taken, an exadt account of the fpi- take an ac- rits therein refpectively contained, and fhall thcVpims mark or caufe to be marked in durable cha- [herein, & rafters, the feveral cafks, cafes or veffels con- cafks; ' taining the fame, with progreffive numbers, and aifo with the name of each diftiller to whom the fame may belong, or in whofe cuf- tody the fame maybe, and the quantities, kinds and proofs of fpirits therein cdntained, and thefe words, C4 Old Stock.'' And the infpec- tor or each furvey fhall keep a book, wherein which. fliaii he fhall enter the name o£ everv diftiller, and b,e "^ e b/

j j line nil pec •

the particulars of fuch old flock in the pof- tor, feffion of each, defignating the feveral cafks, cafes and veffels containing the fame, and their refpeclive quantities, kinds, proofs and marks,

C S'8 1

and fhall alfo give a certificate to every fucli diftiller of the quantity and particulars of fuch old flock in his or her polfemon, and a fepa- andaccrti. rate certificate for each cafk, cafe or vefTel de- toSeprS bribing the fame, which certificate mail ac- fiktor. company the fame wherefoever it fhall be fent, and fuch diftiller, his or her agent or mana- ger, upon the fale and delivery of any of the faid fpirits, fhall deliver to the purchafer or purchafers thereof, the certificate or certifi- cates that ought to accompany the fame, on pain of forfeiting fifty dollars for each cafk, cafe or vefTel, with which fuch certificate fhall not be delivered.

importers Sec. 27. And be it further enaffed, That every foiX?i!ed miPorter °f diftilled fpirits, who, on the firft ivhcn to day of Julv next, fhall have in his or her pof- r£reoir& feffion any' diftilled fpirits, fhall, within three duty oi the days thereafter, make due entry thereof with !hSe?a°on ; tne °fficer of infpe&ion within whofe furvey the fame fliall then be ; who mail mark the calks, veffels or cafes containing fuch fpirits, in like manner as is herein before directed touching fuch fpirits as fhall be in the pofTef- fion of diftiller s on the fir ft day of.. July next* and fhall grant the like certificates therefor as for fuch fpirits, which certificates fhall accom- pany the refpeclive cafks, cafes and veffels to which they lliall relate, wherefoever they fhall be fent, and fuch importer, his or her agent, upon the fale and delivery of any of the faid fpirits, fhall deliver to the purchafer or pur- chafers thereof the certificate or certificates which ought to accompany the fame, on pain of forfeiting fifty dollars for each cafk, cafe or , vefTel with which "fuch certificate fhall not be delivered. And if any fuch importer or im- porters fhall refufe or neglect to make fuch

I 3*9 ]

entry at the time and in the manner herein penalty for directed, all fuch fpirits as fhall not be fo en- J^f ™s tered fhall be forfeited, and the importer or fuch en- importers in whofe cuftody the fame mail be tnes" found, fhall moreover forfeit the fum equal to the full value thereof, according to the highefl price of fuch fpirits in the market.

Sec. 28. And be it further enacled, That if Dinned any cafk, cafe, or veffel containing difliiled S*1"^^9- fpirits, which by the foregoing provifions of nor accom- this act, ought to be marked and accompanied Pani.^d b>' a

• 1 vc n 11 1 r j • if r certificate,

with a certificate, mall be round in the pol- feffion of any perfon unaccompanied with fuch marks and certificate, it fhall be prefumptive evidence that the fame are liable to forfeiture, and it fhall be lawful for any officer of inflec- tion to feize them as forfeited ; and if, upon the trial in confequence of fuch feizure, the owner or claimant of the fpirits feized, mall not prove that the fame were imported into the United States according to law, or were difliiled as mentioned in the thirteenth and fourteenth fections of this aft, and the duties thereupon paid, or were difliiled at one of the flills mentioned in the twentieth fection of this I5abIe to aft, they fhall be adjudged to be forfeited. forfeiture.

Sec. 29. And be it further enabled, That it fhall be lawful for the officers of inspection of each furvey at all times in the day time, upon requefl, to enter into all and every the houfes, flore-houfes, ware-houfes, buildings and pla- ces which fhall have been entered in manner aforefaid, and by tafling, gauging or other- wife, to take an account of the quantity, kinds and proofs of the faid fpirits therein contain- ed ; and alfo to take fampics thereof, paying for the fame the ufual price.

C 32° ]

Penalty for Sec. 30. And be it further enacled, That if

marS'on any perfon or perfons fliall rub out or deface

veJfeis. any of the marks fet upon any cafk, veffel or

cafe purfuant to the directions of this act, fuch

peribn or perfons ihall, for every fuch offence,

forfeit and pay the fum of one hundred dollars.

„. , Sec. 1 1 . And be it further enaSked. That no marked to calk, barrel, keg, veffel or cafe, marked as oTheri t" " °ld Stock>" ihall be made ufe of by any rits. diflilltr of fpirits, for putting or keeping there-

in any fpirits other than thofe which were con- tained therein when fo marked, on pain of forfeiting the fum of ©ne hundred dollars for every calk, barrel, keg, veiTel or Cafe wherein any fuch fpirits (hall be fo put or kept ; neither How long fliall any luch diftiller have or keep any diftil- fhaiibe ^ fpirits in any fuch calk, barrel, keg, vefTel kept. or cafe, longer than for the fpace of one year from the faid lafl day of June next, on pain of Provifo m forfeiting the faid fpirits : Provided- That no- tain vefTeis. thing in this feclion contained (hall be conftru- ed to extend to cafes or vefTeis, capable of con- taining two hundred gallons and upwards, and which are not intended to be removed.

.. Sec. 32. And 'be it further enacled That in

fraudulent- cafe any of the faid fpirits mall be fraudulent- ly conceal- iy depofited hid or concealed in any place forfeited, whatsoever, with intent to evade the duties thereby impofed upon them, they lhall be for- feited. And for the better difcovery of any fuch fpirits fo fraudulently depofited, hid or concealed, it mall be lawful for any judge of of any court of the United States, or either of them, or for any juftice the peace., upon reafon?.ble caufe of fufpicion, to be made out to the fatisi >aioii of fu< i Ige or juilice, by the oath 01 affirmation o perfon or per-

[ lv 3

fons, by fpecial warrant or warrants under their 8uf^et2ea refpecfive hands and feals, to authorize any ol ^^edbf Itit officers of infpection, by day, in the pre- warrant of fence of a conflable or other officer of the J^Jjf°r peace, to enter into all and every fuch place the peace, or places in which any of the faid fpirits mall be fufpected to be fo fraudulently dopofited, hid or concealed, and to feize and carry away any of the faid fpirits' which (hall be there found fo fraudulently depofited, hid or con- cealed, as forfeited.

Sec, 2 2,. And be it further enaded, Thzt after spirkous the lait dav of Tune next, no fpirituous liquors Vii™™ <-- except gin or cordials in cales, jugs or bottles, cordials in fhall be brought from any foreign port or ^*^f~ place, in calks of lefs capacity than fifty gal- forfeited. Ions at the leaft , on .pain of forfeiting of the faid fpirits, and of the fhip or veffel in which they fhall be brought : Provided always, That pr0Vtfo, nothing; in this act contained fhall be conftrued fo forfeit any fpirits for being imported or brought into the United States, in ether calks or veffels than as aforefaid, or the fhip or vef- fel in which they fhall be brought, if fuch fpi- rits fhall be for the ufe of the feamen on board fuch fhip or vefTel, and fhall not exceed the quantity of four gallons for each Teaman.

Sec. 34. And'be it further enaded, That in Forfeiture every cafe in which any of the faid fpirits mall be forfeited by virtue of this act, thecafks, veffels and cafes containing the fame, fhall alfo be' I orfeited.

Sec. 35. And be it further enabled. That eve- Diftiiierstc. ry diftiiler of fpirits, on which the duty is J^J^jL hereby charged by the gallon, fhall keep of kinds and caufe to be kept, an exact account of the faid JKJ*** fpirits, which he or (lie mall fell, fend out or

Vol. I/; $ ?

[ 322 ]

diftilj diitinguiiLing their feveral kinds arid proofs ; and ihall every day make a juif and rru^ entry in a book, to be kept for that pur- pose, of the quantises and particulars of the faid Spirits by him or hex fold, lent out or dif- tiiled on the preceding day ; fpecifying the marks of the icverai calks in- which they ihall be fe> fold or fent out, and the peribn to whom and for whole ufe they fhall be lo fold or fent out i which faid books ihall be prepared for t, &. x- ^le making fuJi entries, and ihall be dcliver- amined h? ed upon, demand, to the faid diflillers, by the «,'iicer? of fdoervifofs of the revenue of the feveral dif- ' tricls, or by. fuch peribn or perfons as they ihall refpeclively for that purpofe appoint, and ihall be feveral! y returned or delivered at the end of each year, or when the fame ihall be refpeclively tilled up, (which Ihall iirfl happen) to the proper officers of infpeclion ; and the truth of the entries made therein fhall be ve- rified, upon the oath or affirmation of the per- ibn by whom thofe entries mall have been made, and as often as the faid books fhall be furniihed upon like demand by the proper of- ficers of infpeclion, to the faid diiiiilers ref- peclively. And the faid books fhall from time to time while in the pofleflion of the faid dif- tillers, lie open for the infpeclion of, and up- on requefl ihall be ihewn to the proper offi- cers of infpeclion under whofe furvey the faid diftiilers fhall refpeclively be, who may take fuch minutes, memorandums, or tranicripts thereof, as they may think fit. And if any iuch diitilier, fhall neglect or refuie to keep fuch natty for book or books, or to make fuch entries there- in, or to.ihew the fame upon requefl, to the proper officer of infpeclion, or not return the lame according to the directions of this acl, he

v'efufa! or rfrftletT:.

t 323 1

©j- fhe {hail forfeit for every fjch rtfufal or negleef., the fum of one hundred dollars;

Sec. 36. Ana I be it further enacled. That the P^"* > penalties by this aft impofed on (Millers for 'his V.cV neglecting to make report to the infpeclors, r*l>t l.° e* of their intentions of diftilling fpirits, or for certain neglecting to mark the houfes, apartments or calcs- veffeLs to be employed, or for neglecting to enter in books the quantity of fpirits diltilled, fhall not extend to any perfon who (hall em- ploy one ftili only, and that of a capacity not exceeding fifty gallons, Including the lliii- head.

Sec. 37. And be it further eha&ed, That frof °r thcfeveral kinds of proof herein before fpeci- IS^mgaS'l fied, fhall in marking the calks, vefTels znd ed- cafes containing any diililled fpirits, be J'ftin- euifhed correfpondincr. with the order in winch they are mentioned by the words £{ first

*c?R.OOI?f"aSECOMD PROOF ;5,i'TKIRDrK OOF;" FOURTH PROOF ;" c{ JIFTH PROOF j" " s,v,lf°

proof." And that it be the duty of the Se- cretary of the Trealury, to provide and fur- nim to the officers of inflection and of the cufloms, proper inflruments for afcertainmir thefaid feverai proofs.

Sec. 38. And be it further enafled? That in anyprofecutionor action which maybe brought againft any fupervifor or other officer of in- spection, for any feizure by him made, it (hall be neceffary for fuch fupervifor or officer to juflify himfelf by making it appear that there was probable caufe for making the faid fei- zure : upon which, and not otherwife, a ver- ified fnall pafs in his favor. And in any inch action or profecution, or in any action or pro- lecption which may be brought agair.il inch

of t,he	tcui-
fury to	[irq-
vide in	!t!'U-
ineuts	for
;ifcerfr.	in-
Illg tilt	m>
Proct'c	1
:rs5S it:	.;■'>

t 324 ]

iupervifor or other officer, for irregular or im- proper conduct in the execution of his duty, the trial mall be by jury. And in any action for a feizure, in which a verdict fhall pals for. fuch ofncer, the jury ihall neverlhelefs aifefs reafonable damages for any prejudice or wade (according to the true amount in value there- of) which ihall be fhewn by good proof to have happened to the fpirits feized, in confe- quence of fuch feizure ; and alfo for the de- tention of the famej at the rate of fix per cent per annum, on the true value of the faid fpi- rits at the time of fuch feizure, from that time to the time of reftoration thereof; which mall . be paid out of the treafury of the United States : Provided, That no damages ihall be for Want of aifeffed when the feizure was" made for want propercer- of the proper certificate or certificates,' or by negiigea'ce, reafon of a refufal to mew any officer of in- to be iuf- fpecl ion, upon his requeft, the fpirits in any the officers, entered houfe, building or place: And provi- ded alfo, That if it mall appear from the ver- dicl of the jury, that any fuch prejudice or wafle was fuftained by the negligence of the officer, he (hall be refponfible tfierefor to the United States. '

penalty on Sec. 39. And be it further enacled, That if

rupervi- anv fupgrvifor or other officer of infpedHon,

conviaed in any criminal profecution againfl him, fhalf

otoppref- j^Q convicted of oppreffion'or extortion in the

tomon. " execution of his office, he fhall be fined not

exceeding five hundred dollars, or imprifoned

not exceeding fix months, or both, at the dif-

cretion of the court ; and fhall alfo forfeit his

office.

No fees to Sec. 40. And be it further enaeled, That no

cenificat? fee fnail be taken for any certificate to be i£

Ranted, fued or granted purfuant to this aft.

rtn

C 325

Sec. 41. And be it further enabled, That if penalty any of the faid fupervifors or other officers of officers fo«? .infpection, fhall neglect to perform any of the J^1" duties hereby enjoined upon them respective- ly, according to the true intent and meaning of this act, whereby any perfon or perfons mall be injured or fuffer damage, fuch perfon or perfons (hall and may hare an action foun- ded upon this act, againft fuch fupervifors or other officers, and fhall recover full damages for the fame, together with cofls of fuit.

Sec. 42. And be it further enacled, That procecd- any action or fuit to be brought againft any inS*^ca& perfon or perfons, for any thing by him or whentoi?* them done in purfuance of this act, Ciall be co™™w corr.menced within three months next after the matter or thing done, and unlefs brought in a court of the United States, mail be laid in the county in which the caufe of action ft) all have arifen ; and the defendant or defendants in any fuch action or fuit, may plead the ge- neral iffue, and on the trial thereof give this act and the fpecial matter, in. evidence ; and if a verdict mail pafs for the defendant or de- fendants, or the plaintiff or plaintiffs become nonfuited, or difcontinue his, her or their ac- tion or profecution, or judgment (hall be giv- en againft fuch plaintiff or plaintiffs, upon de- murrer or otherwife, then fuch defendant or defendants fhall have coils awarded to him, her or them, againft fuch plaintiff or plaintiffs.

And in order that perfons who may have incurred any of the penalties of this act, with- out wilful negligence or intention of fraud, may be relieved from fuch penalties,

Sec. 43. Be it further enacled, That it fhal'l be lawful for the judge of the diltrict within which fuch penalty or forfeiture mall have, been incurred, at any time within one year

C 3<*s 3

tarcUry after the bit day of June next, upon petition ?myautho- °f ^le party who ihall have incurred the fame, rizc-dto mi- to enquire in a fummary way into the circum- rlmit for- ftances of the cafe, firft caufing reafonalle no- idtures & tice to be given to the perfon or perfons claim- certain nig inch penalty or forfeiture, and to the at- tafes: t'orney of fuch diftrict ; to the end that each may have an opportunity of mewing caufe againft the mitigation or rcmiOion thereof; and mall caufe the facts which in all appear upon fuch enquiry, to be ftated and annexed to the petition, and direct their tranfmiffion to the Secretary of the Treafury of the United States, who mall thereupon have power to mi- tigate or remit fuch penalty or forfeiture, if it ihall appear to him that fuch penalty or for- feiture was incurred without wilful negligence, or any defign or intention of fraud, and to caufe any ipirits which may have been feized to be reftored to the proprietor or proprietors, upon fuch terms and conditions... as ih all ap- pear to him reasonable.

Sec. 44. And be it further enjfled, That Appropri- the one half of all penalties and forfeitures m- forfeitnres ctirred by virtue of this act, except as above and penal- provided, mall be for the benefit of the per- fon or perfons who mail make a feizure, or who fhali firft difcover the matter or thing whereby the fame fhall have been incurred ; and the other half to the efe of the United States. And fuch penalty and forfeiture ihall be recoverable with cofts of fuit, by action of debt, in the name of the perfon or perfons in- titled thereto, or by information, in the name of the United States of America ; and it mall be the duty of the attorney of the diftrict. wherein any fuch penalty or forfeiture may have been incurred, upon application to him, to inftitute or bring fuch information accor-

ttea

[ w 1

dingly : Provided a/ways, That no officer of Infpection other than chief officer, or officers of a furvey, fhall be intitled to the benefit of any forfeit are unlefs notice of the feizure by hirh made, fhall be by him given within forty- eight hours next after fuch feizure, to the faid chief officer or officers ; but in fuch cafe the United States fhall have the entire benefit of fuch forfeiture.

Sec. 45. And be it further enaclsdj That if pu.ii&- any perfon or perfons mall counterfeit or forge, -—} °11 or caufe to be counterfeited or forged any or Conv;<jied the certificates herein before directed to be '.)fc.°,:n^;* given, or fhall knowingly or willingly accept tificacss. ' or receive any falfe or untrue certificate with any of the fajd fpirits, or fhall fraudulently al- ter or erafe any fuch certificate after the fame fhall be given, or knowingly or willingly pub- liih or make ufe of fuch certificate fo counter- feited, forged, falfe, untrue, altered or erafed, every perfon fo offending, fhall, for each and every offence, forfeit and pay the fum of five hundred dollars.

Sec. 46". Jind he it further enacled, That perfon* any perfon or perfons that fhall be convicted CW'}& 3 of wilfully taking a falfe oath or affirmation, (,lth or af- in any of the cafes in which oaths' or affirma- S"m;it:an< tions are required to be taken by virtue or this pirnlO^a. atl, mall be liable to the pains and penalties to which perfons are liable for wilful and cor- rupt perjury.

Sec. 47. And be it further enacled, That if any perfon or perfons mall give, or offer to .^ing ™ give any bribe, recompence or reward what- bribes "to foever, to any fupervifor or other officer of in- revalue fpeciuon of the revenue, in order to corrupt, perfuade or prevail upon fuch officer, either to do any ad or acls contrary to his duty in

t 3*8 3

the execution of this act, or to neglect, or to do any act or thing- which he ought to do in the execution of this act, or to connive at or to conceal any fraud or frauds relating to the duties hereby impofed on any of the faid fpirits, or not to difcover the fame, every fuch perfon or perfons, mall for fuch offence, whe- ther the fame offer or propofal he accepted or not, forfeit and pay a fum not exceeding five hundred dollars, anaforci- Sec. 48. And be it further enacled^ That \i fe'y f?- any perfon or perfons mail forcibly obftruct or tUeriilntke hinder any fupervifor or other officer of in- execution fpection, in the execution of this act or of any ty. u " of the powers or authorities 'hereby vefted in him, or mall forcibly refcue or caufe to be refcued, any of the faid fpirits after the fame mail have been feized by any fuch fupervifor or other officer, or (hall attempt or endeavor fo to do, all and every perfon and perfons fo ©ffendfng, mail, for every fuch offence, for which -ho other penalty is particularly provi- ded by this act, forfeit and pay a fum not ex- ceeding two hundred dollars.

S-ujrervi- Sec. 49. And be it further ena&d, That if

fors enter- anv fucn fupervifor or other officer, itiall enter eoUuiiOn, into any collufion with any perfon or perfons faife mark- for violating or evading any of the provifions its or of this act, or the duties hereby impofed, or

cai

veiTeie, or £hall fraudulently concur in the delivery of any

fembezzling r. r . . r , . J X . - /.,,.-'

public mo- of tne laid ipints, out or any home, building iiey, how or piacej wherein the fame are deposited, with-

to be pu- . c • r 7 c

mfLed. out payment or lecurity lor the payment or the duties thereupon, or mall falfely or frau- dulently mark any cafk, cafe or veffel, con- trary to any of the faid provifions, or mail em- bezzle the public money or otherwife be guilty of fraud in his office, fuch fupervifor or other ©fficer fhall for every fuch offence forfeit the

C 329 ]

fum of one thoufand dollars, and upon con- viction of any of the faid offences, mall forfeit his office, and fhall be difqualified for holding any other office under the United States.

Sec. 50.. And be it further cnacled, That in Supcrvifors every cafe in which an oath or affirmation is Ui£r*o3i required by virtue of this act, it fhall be law- or affirm*... ful for the fupervifors of the revenue, or any tl0n' and of them, or their lawful deputy, or the lawful deputy of one of them, where not more than one in a diftriet, to adminifter and take fuch oath or affirmation. And that wherever there are more than one fupervifor for one diftriet, \°Zm "a." a majority of them mav execute all and any j°*% n(k of the powers and authorities hereby veiled t0 cares in the fupervifors of the revenue : Provided, where .thc That this fhall not be conftrued to make a ought to be majority neceffary in any cafe in which, ac- fevefai. cording to the nature of the appointment or fervice, and the true intent of this act, the au- thority is or ought to be fever al.

And for the encouragement of the export- trade of the United States :

Sec. 51. Be it further enacled, That if any Allowance of the faid fpirits (whereupon any of the du- to expor- ties impofed by this act mall have been paid e *' or fecured to be paid) fhall after the laft day of June next, be exported from the United States to any foreign port or place, there fhall be an allowance to the exporter or exporters thereof, by way of draw-back, equal to the duties thereupon, according to the rates in each cafe by this act impofed, deducting there- from half a cent per gallon, and adding to the allowance upon fpirits diftilled within the Uni- ted States, from molaffes, which fhall be fo exported, three cents per gallon, as an equi-

Vol. I. T 2

under what

trieuons.

C 31° ]

talent for the duty laid upon molafTcs by the faid act. making further provifion for the pay- ment of the debts of the United States : Pro- vided always, That the faid allowance (hall not JeS^o™. be made, unlefs the faid exporter or expor- ters mall obferve the regulations herein after prefcribed : And provided further, That no- thing herein contained fhall be conftrued to alter the provifions in the faid former aft, con- cerning drawbacks or allowances, in nature thereof, upon fpirits imported prior to the firfl day of July next.

Sec. 52. And be it further enacled. That in Allowance order to intitle the faid exporter or exporters t£r!un°der fp the benefit of the faid allowances, he, Ihe that ref- or they, fhall previous to putting or lading any of the faid fpirits on board of any fbip or vef- fel for exportation, give twenty-four hours no- tice at the lead, to the proper officer of infpec- tion of the port from which the faid fpirits ihall be intended to be exported, of his, her or their intention to export the fame, and of the number of cafes, velfels and cafes, or ei- ther of them, containing the faid fpirits fo in- tended to be exported, and of the refpective marks thereof, and of the place or places where the faid fpirits (hall be then depofited, and of the place to which, and fhip or veffel in which they mail be fo intended to be exported. Whereupon it fhall be the duty of the faid of- ficer to infpect, by himfelf or deputy, the cafes, veiTels and cafes fo noticed for exportation, and the quantities, kinds and proofs of the fpirits therein, together with the certificates which ought to accompany the fame according to the directions of this acl, which fhall be produced to him for that purpofe ; and if he fhall find that the faid cafes, velfels and cafes have the

[ 331 ]

proper marks according to the directions of this act, and that the fpirits therein correfpond with the faid certificates, he mall thereupon brand each cafk, veiTel or cafe with the word " Exportation ;" and the faid fpirits mail, after fuch infpection, be laden on board the fame (hip cr veffel, of which notice mall have been given, and in. the prefence of the fame officer who mail have examined the fame, and whofc duty it mail be to attend for that pur- pofe. And after the faid fpirits mail be laden on board fuch mip or veffel, the certificates aforeiaM mallbe delivered, to the faid officer, who mall certify to the collector of the faid diflrict., the amount and particulars of the fpi- rits fo exported, and (hall alfo deliver the faid certificates which mall have been by him re- ceived, to the faid collector, which mall be a voucher to him, for payment of the faid al- lowance.

Sec. 53. Provided nevcrthelefs, and be it fur- Upon what ther enacled, That the faid allowance fhall not aHowance be made, unlefs the faid exporter or exporters i1if!1 be fhall make oath, or affirmation, that the faid ""' l' fpirits fo noticed for exportation, and laden on board fuch ftiip cr veffel, are truly intended to be exported to the place whereof notice fliall have been given, and are not intended to be r eland ed within the United States ; and that he or flie doth verily believe that the duties thereupon charged by this act, have been duly paid, or fecured to be paid ; and fhall alfo give bond to the collector, with two fureties, one of whom mail be the maftcr, or other perfon having the command or charge of the ihip or veffel in which the faid fpirits (hall be intended to be exported ; the other, fuch fiiuicient per- fon as fhall be approved by the faid collector,

[ r^ 3

in the full value in the judgment of the faid collector, of the faid fpirits fo intended to be exported, with condition that the faid fpirits (the dangers of the feas and enemies excepted) mail be really and truly exported to, and lan- ded in fome port or place without the limits of the, United States, and that the faid fpirits (hall not be unmipped from on board of the faid mip or veffel, whereupon the fame fhall have been laden for exportation, within the faid limits, or any ports or harbors of the United States, or relanded in any other part of the fame (fhipwreck or other unavoidable accident excepted.)

Sec. 54. Provided alfo, and be it further en- paid^ acted, That the faid allowance fhall not be paid until fix months after the faid fpirits fhall have been fo exported : And provided alfo, That whenever the owner of any mip or vef- fel, on board of which any fuch fpirits are laden for exportation, fhall make known to the collector, previous to the departure of fuch mip or veffel from the port where fuch fpirits are laden, that fuch mip or veffel is not going to proceed the voyage intended or the voyage is altered, it mall be lawful for the collector to grant a permit for the relandmg the fame.

Sec. $$. And be it further enaded, That if Forfeiture "&aj of the faid fpirits, after the fame mall have where f>5- b>een {hipped for exportation, mall be unmip- furScxpor- ped for any purpofe whatever, either within tatkm fisaii ^he limits of any part of the United States, or within -u. within four leagues of the coafl thereof, or State*, ex- fhail be relanded within the United States, certain * from on board the mip or veffel wherein the safes. fame mall have been laden for exportation, un- iefs the voyage fhall not be proceeded on, or ihall be altered as aforefaidj 01 imiefs in cafe 0/

[ 333 1

necemty or diflrefs to fave the fhip and goods from perifhing, which {hall be immediately made known to the principal officer of th~ cufloms, r eliding at the port nearefl to which . fuch fhip or veffel fhall be at the time inch ne- ceffity or diflrefs mall arife, then not only the fpirits fo unfhipped, together with the calks, veffels and cafes containing the fame, but alfo the fhip or veffel in or on board which the fame fhall have been fo fhipped or laden, toge- ther with her guns, furniture, ammunition, .tackle and apparel ; and alfo the fhip, veffel or boat into which the faid fpirits mall be un- fhipped or put, after the unfhipping thereof, to- gether with her guns, furniture, ammunition, .tackle, and apparel, mall be forfeited, and may be feized by any officer of the cufloms, or of infpeclion.

Sec. $6. And be it further enacled, That on fpirits the faid allowance fhall not be made when the "jj °™f /" faid fpirits fhall be exported in any other than a fhip or a fhip or veffel of the burthen of thirty tons ve{rd of ,3° and upwards, to be aicertained to the latisrac- upwards, tion of the collector of the diflrict from which **£*£$* the fame fhall be intended to be exported. mldc.

Sec. 57. And be it further enacled, That the bonds to be given as aforefaid, mall and may bonds may be difcharged by producing within one year be &fchar- from the refpeclive dates thereof (if the fame be under "cer- fhipped to any part of Europe or America, and tahl ?-r°,jis- within two years if fhipped to any part of Afia or Africa, and if the delivery of the fpirits in refpecl to which the fame mail have been given, be at any place where a conful or other agent of the United States refides) a certificate of fuch conful or agent, or if there be no fuch -conful or agent, then a certificate of any two Jcnowii and reputable American merchants.,

[ 334 ]

refiding at the faid place ; and if there be not two fuch merchants refiding at the faid place, then a certificate of any other two reputable when merchants, teilifying the delivery of the faid bonds may fpjrj£s at the faid place. Which certificate gcd, and mail In each caie oe confirmed by trie oath or tSnoroefs" ^^I'matiDn of the matter and mate, or other ' like officer of the veffel in which the faid fpi- rits fhall have been exported ; and when fuch certificate fhall be from any other than a con- ful or agent, or merchants of the United States, it mail be a part of the faid oath or affirmation, that there were not upon diligent enquiry, to be found two merchants of the United States at the faid place : Provided al- ■.zvays, That in the cafe of death, the oath or affirmation of the party dying, mall not be deemed neceffary : And promded further ^ That the faid oath or affirmation, taken before the chief civil magistrate of the place of the faid delivery, and certified under his hand and feal, fhall be of the fame validity as if taken before a perfon qualified to adminifter oaths within the United States ; or fuch bonds fhall and may be discharged upon proof that the fpirits fo exported, were taken by enemies or perilhed in the fea, or deftroyed by fire j the examination and proof of the fame being left to the judgment of the collector of the cuf- toins, naval- officer, and chief dfficer of infpec- tion, or any two of them, of the place from which fuch fpirits mall have been exported. And in cafes where the certificates herein di- rected cannot be obtained, the exporter or ex- porters of fuch fpirits, fhall neverthelefs be permitted to offer fuch other proof as to the delivery of the faid fpirits, without the limits «f the United States, as he or they may have j

[ 335 ]

and if the fame fhall be deemed fufficient by to lis re- the faid collector, he fhall allow the fame, ex- ^^J. cept when the drawback to be allowed, Avail ler of trc*- amount to one hundred dollars or upwards ; d"SL° C in all which cafes the proofs aforefaid mall be thereoa referred to the comptroller of the treafury, fi„aa.# c whofe decifion thereon fhall be final.

Sec. 58. And be it further enacled, That it Preiident mall and may be lawful for the Prefident of wtiwriarf

. . . J - , . 1 to make al-

the United States fr6m time to time, to make lowance to fuch allowances to the faid fupervifors, infpec- ^pe™r°"' toi\3, and to the deputies and officers by them their fer- to be appointed and employed for their refpec- vlcc^ °"*_ tive fervicesin the execution of this act, to be duet of the. paid out of the product: of the faid duties, as cuties» he fhall deem reafonable and proper : Provi- ded always ', That the aggregate amount of the allowances to all the faid fupervifors, infpec- tors and other officers, {hall not exceed feven per cent of the whole product of the duties arifing from the fpirits diftilied within the Uni- ted States : And provided alfo, That fuch al- lowance fhall not exceed the annual amount ceed^ooci of forty-five thoufand dollars, until the fame tk>llars an~ fliall be further afcertained by law. nua y*

Sec. 59. And be it further enacled, That cbm- this ad; mall commence and take effect as to ^TiSTJ: all matters therein contained, in refoect to wnich no fpecial commencement is hereby provided (except as to the appointment of of- ficers and regulation of the diftricts and fur- veys) from and immediately after the laft day of June next.

Sec. 60. And be it further enacled,. That the Nett pro. mett product of the duties herein before fpeci- du&ofdu- fied, which fhall be raifed, levied and collefted £^icd by virtue of this act, or fo much thereof as ment of '»- may be neceffary, fhall be^ and is hereby pledg- [^ 0H

C 336 1

ed ancf appropriated for the payment of the in- tereft of the feveral and reflective loans which had been made in foreign countries, prior to the fourth day of Augufl lad ; and alio upon all and every the loan, and loans which have been and ihall be made, and obtained pursu- ant to the acl:, intituled, " An acl: making pro- vifion for the debt of the United States ;M and according to the true intent and meaning of the faid acl:, and of the feveral provifions and engagements therein contained and expreifed, and fubject to the like priorities and refer va- tions as are made and contained in and by the faid acl:, in refpecl to the monies therein appropriated, and fubject to this farther re- fervation, that is to fay : Of the nett amount or product during the prefent year, of the du- ties laid by this acl, in addition to thofe here- tofore laid upon fpirits imported into the Uni- ted States, from any foreign port or place, and of the duties laid by this aft on fpirits diftilled within the United States, and on flills ; to be difpofed of towards fuch purpofes for which appropriations mall be made during the pre- arad to be fent feffion. And to the end that the faid mo-

inviolably • i • • i t_ 1 i* j • r 'a.

applied mes may be inviolably applied in conformity thereto. to the appropriation hereby made, and may never be diverted to any other purpofe until the final redemption, or reimburfement of the loans or fums for the payment of the intered whereof they are appropriated, an account lhall be kept of the receipts and difpofition thereof, feparate and diftincl: from the pro- duct of any other duties, impoft, excife, and taxes whatsoever, except thofe heretofore laid and appropriated to the fame purpofes.

Sec. 6 1 . And be it further enacted, That the unappropriated furplus, if any there fhall be,

continue.

t 337 1

t>£ the revenue arifing under this act, at the ,,,1L1,im.n end of this and every fucceeding year, (hall be priated applied to the reduction of the public debt, in ^J'"^,. like manner as is directed by the aft, intituled, applied. <c An act making provifion for the reduction of the public debt ;" and provided by the act, intituled, " An act making provifion for the debt of the United States •/' unlefs the faid i'urplus, or any part thereof, (hall be required for the public exigencies of the United States, and mall, by fpecial acts of Congrefs, be ap- propriated thereto.

Sec. 62. And be it further enacled, That Wies the feveral duties impofed by this act, mall pSKo^ continue to be collected and paid, until the long to debts and purpofes for which they are pledg- ed and appropriated, mail be fully difcharged and fatisfied, and no longer. Provided always i That nothing herein contained, mail be con- flrued to prevent the legiflature of the United States from fubftituting other duties or taxes of equal value to all or any of the faid duties and imports.

FREDERICK AUGUSTUS MUHLENBERG,

Speaker ef the Houfe of Reprefentaiives.

JOHN ADAMS, Vice- Prefident of the United States, and Prefident of the Senate,

Approved, March the third, 1791 :

GEORGE WASHINGTON,

Prefident of the United States,,

Vol. I. V %

C 53s ]

C H A PT E R XVI.

An Act making an Appropriation for the Pur- pofe therein mentioned.

BE it enacted by the Senate and Houfc of Re- prefentatives of the United States of Ame- fetef/for rica & Congrefs ajembted, That for the pur- cffeding a pofe of effecting a recognition of the treaty of SCSia- the Ur^ed States, with the new Emperor of ty with Morocco, there be, and hereby is appropria- STioroc- tec* a fum not exceeding twenty thoufand do!- ' co; and lars, to be paid out of the monies which prior to the firft day of January next, fhall arife from the duties impofed upon fpirits diftilled within the United States, and from (tills by the act entitled, " An act repealing after the laft day of June next, the duties heretofore laid upon diftilled fpirits imported from abroad, and laying others in their (lead, and alfo upon fpirits diftilled within the United States, and for appropriating the fame," together with the excefs of duties which may arife from the du- ties impofed by the faid act, on imported fpirits beyond thofe which would have arifen by the act entitled, " An act making further provi- fion for the payment of the debts of the United Prefident States.5' And the Prefident is hereby autho- authoHzed rized to take on loan, the whole fum by this

to borrow <-, ,. r ■ 1 1 r t

feidmoney. act appropriated, or 10 much thereof as he may judge requifite, at an intereft not excee- ding fix per cent, per annum, and the fund eftabiiflied for the above mentioned appropri- ation, is hereby pledged for the repayment of the principal and intereft of any loan to be obtained in manner aforefaid, and in cafe of any deficiency in the faid fund, the faith of the

C 339 ]

United States is hereby alfo pledged to make good fuch deficiency.

FREDERICK AUGUSTUS MUHLENBERG,

Speaker of the Houfe of Reprefcntatives.

JOHN ADAMS, Vice- Prefident of the United States^ and Prefident of the Senate.

Approved, March the third, 1791 :

GEORGE WASHINGTON,

Prefident of the United States.

CHAPTER XVII.

An Ad: to amend " An A el, for ejiablifoingthe temporary and permanent Seat of the Govern- ment of the United States.'9

E it enaeled by the Senate and Houfe ofRe- prefentatives of the United States of Ameri- ca in Congrefs ajetnbled, That fo much of the Repealing aft, intitled, " An aft for eftablifhing the tern- 0f the^d porary and permanent feat of the government fix,ns the

x j fi o ^ permanent

of the United States," as requires that the feat of go- whole of the diflrift of territory, not exceeding; ^r"ment"f

., , , J\ . . & U. States,*

ten miles iquare, to be located on the river verting the Potowmac, for the permanent Teat of the go- P^^nt

r . n ° wuh cer-

vernment of the United States, mail be loca- tain pow, ted above the mouth of the Eaflern Branch, be and is hereby repealed, and that it fhall be lawful for the Prefident to make any part of the territory below. the faid limit, and above the mouth of Hunting Creek, a part of the faid diflrift, fo as to include a convenient part of the Eaftern Branch, and of the lands lying

ers.

[ 340 ]

on the lower fide thereof, and alfo the town of Alexandria, and the territory fo to be in- cluded, fhall form a part of the diftritt not ex- ceeding ten miles iquare, for the permanent feat of the government of the United States, in like manner and to all intents and purpofes, as ii the fame had been within the purview of the above recited act : Provided, That nothing herein contained, fhall authorize the erection of the public buildings otherwife than on the Maryland fide of the river Potowmac, as re- quired by the aforefaid ad.

FREDERICK AUGUSTUS MUHLENBERG,

Speaker of the Houfe of Reprefentatives.

JOHN ADAMS, Vice-Prefident of the United

States, and Prefident of the Senate., Approved, March the third, 1791 : GEORGE WASHINGTON,

Prefident of the United States..

CHAPTER XVIII.

An Acl fupplemental to the Acl " ejiablijhingthe Treafury Department" and for a farther Compensation to certain Officers.

Sec. i. "¥"!) E it enacted by the Senate and

8th fedhon wT\. tt r r r> r . . • r i

of a£t cfta- JLi* Jtiouje of Keprejentatives of the

hlifl}ing United States of America i?i Congrefs affembled, partment That the eighth fe£tion of the acl:, intituled, extended^ « ^n aQ- tG eftablifh the treafury-department," wrtain mo- parted the fecond day of September, one thou. difieations. jj^ .fevea hundred and eighty-nine, fhall be3

X 34i g

and the fame is hereby extended to all and every of the clerks employed in the treafury department, as fully and effe&ually as if they and every of them were Specially named there- in, except as to the penalty in fuch fection mentioned, which in cafe of any fuch clerk offending againfl the provifions of the faid fection, mall be live hundred dollars, and re- moval from office.

Sec. 2. And be it further enacled, That each clerks and and every clerk and other officer already ap- cerstotake pointed in any of the departments of the United aii oath.01'

* rjii r i • • affirmation;

States, (and wno nave not, iince their appoint- ment, taken the oath or affirmation hereafter mentioned) mail within fifteen days after the paffing of this aft, and thofe who mail hereafter be appointed, mall before they enter upon the duties of fuch appointment, take an oath or affirmation before one of the juftices of the Supreme court, or one of the judges of a dis- trict court of the United States, to Support the Conflitution of the United States, and alfo an oath or affirmation, well and faithfully to execute the trufl committed to him, which oaths or affirmations, fubferibed by fuch clerk, to be filed and certified by the perfon adminiftering the ^"^ fame, mail be filed in the office of the perfon ployed. employing fuch clerk.

Sec. 3. And be it further enafled, That it Principals fhall and may be lawful for the principal in ™ay aPPor-

r 1 rr r 1 tt • 1 r. 1 lion the 500

any 01 the ofhees or the United States, who doh. aiiow- is authorized by law to appoint clerks under e<l to e.ach> him, to allow to each clerk fuch compenfation chief, ac- for his Services', as he fhall, in the opinion of cold.ms tQ Such officer, deServe for the Same : Provided, That the whole Sum to be expended for clerks in any fuch office (except the chief clerk) fhall jiot exceed a fum equal to five hundred dol-

C 342 ]

lars per annum for every clerk employed therein. Additional .5ec# ^ jnj fa it j"urfher enafted by the au- foroneyear thority aforefaid, That there mall be allowed to regiftcr, for one year, commencing with the pairing of comptroller this act, to the Regifter, two hundred and & attorney- f,fty doiiars and to the Auditor, the Comp- troller of the Treafury, and the Attorney- Ge- neral, four hundred dollars each, in addition to their refpective falaries, and to be paid in the fame manner.

_ FREDERICK AUGUSTUS MUHLENBERG,

Speaker of the Houfe of Reprefentatives. JOHN ADAMS, Vice-Prefident of the United

States, and Prefident of the Senate. Approved, March the third, 1791 :

GEORGE WASHINGTON, Prefident of the United States.

CHAPTER XIX.

An Acl relative to the Rix-Dollar of Denmark.

E it enailed by the Senate and Houfe ofRe- prefentai'roes of the United States of Ame- rica in Congrefs a/fembled, That fo much of an act, intituled, " An act to provide more ef- Fart of the fe£tually for the collection of the duties impo-

z& rating. J i j •

jixdoiiarof iea by law on goods, wares ana merchandize Denmark jmp0rteci into the United States, and on the

at ioc cents r ?

repealed, tonnage of mips or veffels," as hath rated the rix-dollar of Denmark at one hundred cents.

[ 343 ]

be, and the fame is hereby repealed ; and that this repeal fhall be deemed to operate in ref- pect to all duties which have already arifen or accrued, as well as to fuch as (hall hereafter arife or accrue.

FREDERICK AUGUSTUS MUHLENBERG,

Speaker of the Houfe of Representatives, JOHN ADAMS, Vice-Prefident of the United

States, and Prefideni of the Senate. Approved, March the third, 1791 :

GEORGE WASHINGTON,

Prejident of the United States,

CHAPTER XX.

An Ad in Addition to an Atl, intituled, " An Aclfor eftablifoing the Salaries of the Execu- tive Officers of Government, with their Affif- tants and Clerks.

Section 1. IOE it enacled by the Senate and j[3 Houfe of Reprefentatives of the United States of America in Congrefs djfembled, That from and after the paffing of this act, there mail be allowed to the chief clerk of Fur[h™

nuai allow*

the auditor, the annual mm of two hundred ancet>£ 200 dollars, in addition to the falary allowed to ehS^krfc him by the act, intituled, c; An a£t eftabiifhing to the au- the faiaries of the executive officers of go- ditor* vernment, with their affiftanfs and clerks,'* to be paid at the treafury of the United States, in quarterly payments, and from like appro-

C 344 ]

priations as may be affigned for the payment of the other falaries mentioned in the above recited afr.

of^nfes Sec* 2' And be if further endfted, That in removing there be allowed to the clerks employed in Yorker* ^le Several offices attached to the feat of go- Piiiiadei- vernment, in addition to their refpedive fala- cierks 2n- r*es5 t^le*r reafonable and neceffary expences ployed in incurred by the removal of Congrefs from the office^"1 city of New- York, to the city of Philadelphia. Sec. 3. And be it further enabled, That

doitarsfori ^^ ^e aU°wed to tae affiftant fecretary of

year to af- the treafury, in addition to his falary for one

cretar ^f year> commencing with the paffing of this act,

thetreafu- four hundred dollars, to be paid in the fame

ry* manner as his falary.

FREDERICK AUGUSTUS MUHLENBERG,

Speaker of the Houfe of Reprefentatives.

JOHN ADAMS, Vice-Prefident of the United States, and Prejidcnt of the Senate*

Approved, March the third, 1791 :

GEORGE WASHINGTON,

Prefideni of the United States.

CHAPTER XXL

An Ac! for making Compenfations to the Commif-

Jioners of Loans, for extraordinary Expenfes*

(expired.)

C 345 ] CHAPTER XXIL

in Acl providing Compenfations for the Officer J of the Judicial Courts of the United States , and for Jurors and Witnejfes, and for other Purpofes.

(repealed.)

CHAPTER XXIII.

An del to continue in Force for a limited Time, an Acl, intituled, " An Acl for the temporary E/iablifhment of the Po/l-Office." (expired.)

CHAPTER XXIV.

■''■.'■■■.■ -, ■ '"'"'

An Ail to continue in Force the Acl therein

mentioned, and to make further Provifion for

the Payment of Penfwns to Invalids, and for

the Support of Light- Houfes, Beacons, Buoys ?

and public Piers.

Sec. i. TO E it eriatled by the Senate and ' • .JL3 Houfe 'of Reprefentatives of the United States of America in Congrefs a/fembled, That the acl:, entitled, " An aft to provide aa forms - for mitigating Or remitting the forfeitures and ,Stmg°r penalties accruing under the revenue laws in . lorfdtures, certain cafes therein mentioned,". fhall be and nUce'd„c°ntI is hereby continued in force until the end of the next feffion of" Congrefs, and no longer,. Vox, I. X %

C 346 -]

Portions to Sec. 2. And be it farther enabled, That the

nr '.'-'''h.'i'e Yearty pcnficns which have been allowed by or

paid out of in puriuance of any act or law of the United

treaiury. gtatpSj to per f on s who were wounded and dif-

abled during the late war, fhall for the fpace

of one year from the fourth day of March

next, be paid out of the treafury of the United

States, under fuch regulations as the Prefident

of the United States may direct.

Expend Sec. 3, And be it further enabled, That all from 1 ft expenfes which fhall accrue from the firft day

Tulv next *• . _ '

of ail light- of July next, inclusively for the necelTary fup- ^°^[es^c- port, maintenance and repairs of all light- frayed hy houfes, beacons, buoys, and public piers, fhall Y11 Tuiates contmue to be defrayed by the United States, 179a. until the firft day of July, in the year one thou- fand feven hundred and ninety-two, notwith- standing fuch light-houfes, beacons, buoys, or public piers, with the lands and tenements thereunto belonging, and the jurifdiclion of the fame, mail not in the mean time be ceded to or veiled in the United States, by the ftate or ftates refpedtively, in which the fame may be, and that the faid time be further allowed to the Hates refpectively, to make fuch ceffion. rhe^Prefi- Provided, That nothing in the faid act fhall denttopar. be conftrued to limit or reftrain the power of eeTnotre- the Prefident of the United States, to grant ftrained. pardons for offences againfl the United States.,

FREDERICK AUGUSTUS MUHLENBERG,

Speaker of the Houfe of Reprefentatives. JOHN ADAMS, Viee-Prefident of the United

States, and Prefident of the Senate, Approved, March the third, 1791 :

GEORGE WASHINGTON, Prefident of the United States*

c

347 J'

€ II A P T E R XXV.

An Acl fupplemenUry to the Ad, making Prs* vifi'on for the Reduction of the Public Debt.

'IT THERE AS it hath been made known < vV t0 Congrefs that the Prefident of the "United States, in confequeiice of" " An a<5t making provifidn for the reduction of the pub- lic debt," hath caufed a certain loan to be Loan in made in Holland, on account of the United Hol!and <*

% ,000 OCO

States, to the amount of three millions of flo* florins, at 5 rins, bearing an intereft of five per centum per p^^rum annum, and reimburfable in fix yearly inflal- ments, commericing in the year one thoufand eight hundred, and ending in the year one thoufand eight hundred and fix, or at any time fooner, in whole or in part, at the option of the United States.

And whereas it hath been alfo flated to whereof Congrefs, that the charges upon the* faid loan ^ ^ ff* have amounted to four and a half per centum, per cent. whereby a doubt hath arifen, whether the faid loan be within the meaning of the faid laft mentioned act, which limits the rate of inter- eft to five per centum per annum' ;

And whereas it is expedient that the faid doubt be removed ;

BE it enacted and declared by the Senate and Houfe of Reprefentai^es of the United States of America in Congrefs, That the loan aforefaid be within ihall be deemed and conflrued to be within !he m™- the true intent and meaning of the faid acl:, a& provi- intituled " An acl making provifion for the dingforthe-

. m o a r^uu cti o n

reduction of the public debt," and that any 0f the pub- farther loan, to the extent of the principal fum 1\rd!fbty^ authorized to be borrowed by the faid acl, the lnansomhe intereft whereof mail be five per centum per uke Hm*'

E 348 ]

annum, and the charges whereof fhall not ex- ceed the faid rate of four and a half per centum", mall, in like manner, be deemed and conftrii- ed to be within the true intent and meaning of the faid aft. - -■

FREDERICK AUGUSTUS MUHLENBERG,

- • Speaker of the Houfe of Reprefentaiwcs.

JOHN ADAMS, Vice-Prefident of the United States , and Prefident of the Senate.

Appp.oved, March the third, 1791 :

GEORGE WASHINGTON,

*ti Prefident of the United States,

CHAPTER XXVI-

An Act making farther Provifion for the CqUec-. j lion *tf the Ditties by Law impofed on Teas,

and to prolong the Term for the Payment of

the Duties on Wines.

"HEREAS it is conceived that the fok lowing regulations concerning teas, may be conducive both to the accommodation of the importers thereof, and to the fecurity of the revenue \

Section 1 . BE it enacled by the Senate and Houfe of Reprefentatives of the United States of America in Congrefs a/Jembled, That in addir tion to the provifions contained in the fortieth - and forty-firft fections of the act, intituled, " An act to provide more effectually for the collection of the duties impofed by law on goods, wares and merchandize imported into

I 349 "J

the United States, and on the tonnage of mips or veifels," as they regard the payment, or fe- curino- the payment of the duties on teas, it importer* mail be lawnu ror every importer or teas, lr /ive b.,r,d he or (lie (ball elect fo to do, to give his or her for d*«#te'

* • -a tlif 2,^10 'lilt

bond to the collector of the diftrict. in which ,\- the Ju. any of the faid teas mail be landed, in double ti«th««wi

i r i i • i -i payable jn

the amount or the duties ^hereupon, witn con- , yearaj & diuon for the payment of the faid duties in two years froni the date of fuch bond \ which Taond (hall be, accepted by fuch collector, with- out furety, upon the terms following ; that is to fay : The teas, for the duties whereof the depofit the faid bond mail be accepted, mall be depofited E^Uorc at the expenfe and rifk of the faid importer, • in one or more ftorehoufe or ftorehoufes, as the cafe may require, to be agreed upon be- tween the faid importer and the infpe&or, or other officer of infpection of the revenue, for the port where the faid teas fhall be landed j and upon every fuch ftorehoufe, the laid in- fpeclor or officer of infpeclion (hall caufe to be affixed two locks, the key of one of which locks fhall be kept by fuch importer, his or her agent, and the key of the other of which locks mall be kept by the faid infpeclor, or by fuch other perfon as he fhall depute and ap- point in that behalf; whofe duty it mall be to attend at all reafonable times for the purpofe of delivering the faid teas out of the faid ftore- houfe or ftorehoufes. But no delivery fhall be made of any of the faid teas without a permit No >;ehvs; in writing, under the hand of the faid iufpeclor to bemAde or officer of infpeftion. And in order to the 'vlt^Jxt ? obtaining of fuch permit, it fhall be neceffary ' that the duties upon the teas, for which the fame fhall be required, be firft paid, or, at the option of the party or parties applying for the

C 350 1

w> permit fame, fecured to be paid in manner following ;

EXutthe that ^ t6 faT : The faid Part^ or Parties fllaI1 duties fira give bond with one or more furety or fureties to

«3&f fe' tne fatisfaelion of the faidinfpedor, in double the amount of the duties upon the quantity of teas in each cafe to be delivered, with condi- tion for the payriient of the laid duties, if the fame mall not exceed one hundred dollars in four months j or, if the fame mail exceed one hundred dollars, and ihall not exceed five hun- dred dollars, in eight months ; or, if the fame ihall exceed five hundred dollars, in twelve

.... . , months : Provided always. That the time to

lime a!- , J J ■ , .

lowed for be allowed for the paymerft of tne duties iip- payment of oli an parce} 0f teas to be delivered, ihall not

duties not ; r ■ „ , r 1 1 •

to be ex- be men as to extend the credit for i-ucn duties tended, beyond the term of two years originally allow- ed upon the depofiting of the faid teas. Teasdepo- Sec. 2. And be it further enacled, That if >vhich°da- tne d'uties on any parcel of teas, which ihall tie* are not have been depofited as aforefaid, ihall not have cu'td^ le" been paid or fecured to be paid in manner lafl fpecified, within the term of two years, accord- ing to the condition of the obligation to be given to the collector of the diitrici, within which the fame (hall have been landed, it mall be the duty of the faid collector to caufe fo much of the faid teas, as may be neceffary, to be fold at public auction, and retaining the fum which mall not have been fo paid or fe- to be fold cured of the faid duties, together With the ex- hy cc!?ee- penfes of fafe keeping and fade of the laid teas, P^fe^ ^H return the overplus, if any, to the owner Overplus or owners thereof, his, her or their agent or lawful reprefentative.

Sec. 3. And be it further enacled, That the bonds which have been or mall be directed to be given, by this or any other ad, for monies

sturned to fitt owner.

t 35l ]

or duties to be paid or performed to the Uni- Bojads fat ted States, (hall be taken in the .name of the Sf;JL United States of America ; unlefs fpecial di- tajMiiinthe rection {hall have been given to take them in ^ st7tes,h& fome other name. And the bonds to be taken delivered as aforefaid, by any infpector of the revenue, STfcedif- {hall be delivered by him forthwith to the col- ttn&where- leetor of the diftrict within which the teas, to j"^^^ which they may relate, mail have been landed, ted. in order to the collection of the monies there- in fpecihed. And the permits which mall have been granted by fuch infpector, for the delive- ry of any teas, out of any florehoufe wherein they fhall have been deposited, mall be received by fuch collector towards fatisfying any bond, which fhall have been, in the firffc inftance, ta- ken by the faid collector, touching the faid teas ; which permits fhall therefore fpecify the amount of the duties which fhall have been paid or Se- cured upon the teas to be delivered in virtue thereof ; and the name of the fhip or velfel in which they mall have been imported, and of the importer or importers thereof.

Sec. 4. And be it further enacled, That all Teas ;1Tt, teas, which after the firil day of April next, ported a& fhall be imported into the United States from JJ£*X*be any foreign port or place, fhall be landed un- 1 mded u»- der the care of the infpectors of the revenue tS»IrfP£ for the ports where the fame fhall be refpec- fpeiStor^ tively landed ; and for that purpofe every per- mit which fhall be granted by any collector, for landing the fame, fhall, prior to fuch land- ing, be produced to the faid infpector, who by an endorfement thereupon under his hand, fhall fignify the production thereof to him, and the time when ; after which, and not otherwife, it fhall be lawful to land the teas mentioned in fuch permit. , And the faid ia*

L 35* 1

..rm.,s ipeclor mall make an entry of all fuch permi given fi>r and of the contents thereof ; and each cheft.. Intcred'by k°x or parage containing any teas, fhall be ihcm and marked by the officer under whofe immediate ctnia^ing *%e#i0n the fame mall be landed, in legible k marked, and durable characters, with progreffive num- bers, and with the name of the vcflel in. which the fame fhall have been imported. And the SenT'cmi- ^ officer fhall grant a certificate for each ficates fuch cheft, box or package, fpecifying therein grantc . ^ name or names of the importer or impor- ters, the (hip or veffel in which the fame fhall have been imported, and the number thereof to accompany the fame wherefoever it fhall be lent.

And whereas, for the payment of the duties accruing on Madeira wines, and which may be fecured by bond, the term of twelve months is allowed ; and it is proper to extend, in like manner, the payment of the duties accruing on other wines ;

Sec. 5. Therefore, Be it enabled. That for Term for the payment of the duties on other than Ma- payment of deira wines, and which fhall be fecured by bn wine S bond, fuch bond fhall be taken with condition prolonged. fop the payment of the duties in twelve months,7 in like manner as by law is directed for the payment of the duties on Madeira wines.'

FREDERICK AUGUSTUS MUHLENBERG;

Speaker of the Houfe of Representatives. JOHN ADAMS, Vice-Prefident of the United

States, and Prefidetit of the Senate. Approved, March the third, 1791 :

GEORGE WASHINGTON, frefident of the United States-.

t 353 3

CHAPTER XXVII.

Art Aft for granting Lands to the Inhabitants and Settlers at Vincennes and the Illinois Coun- try', in the Territory riorth-wejl of the Ohio, and for confirming them in their PoffcJJions.

Sec. i. Wy E it enaclcd by the Senate and JL3 Houfe of Reprefentathves of the United States of America in Congrcfs ajfemblcd^ , That four hundred acres of land be "iven to

i r i r r i • i G 40odcre3

each or thoie perions, who in the year one <.fiand

grunted to -Ja head

thoufand fcven hundred and eighty-three, were heads of families at Vincennes or in the Illi- of a family nois country, on the Miffifippi, and who iince aud that time have removed from one of the faid places to the other. And the governor of the territory north weft of the Ohio is hereby di- rected, to canfe the fame to be laid out for them, at their own expenfe either at Vincen- nes or in the Illinois country, as they fhall fe- verally elect.

Sec. 2. And be it further enacted and declar- ed^ That the heads of families at Vincennes tho°im^ or in the Illinois country in the year one thou-^ removed fand feven hundred and eighty- three, who af- territory, ter wards removed without the limits of the faid territory, are notwithstanding, entitled to the donation of four hundred acres of land made by the refolve of Congrefs of the twen- ty-ninth of Auguft, one thoufmd feven hun- ■ dred and eighty-eight ; and the governor of the faid territory, upon application to him for that purpofe, is hereby directed to caufe the fame to be laid out for fuch heads of families or their heirs ; and mall alio caufe to be laid ©if and confirmed to fuch perfons the feveral

Vol. I. Y 2

I 351 1

"if they re- iurn within live years.

Lands for-

tracts of land which they may have pofTeffed* and which before the year one thoufand feven hundred and eighty-three may have been allot- ted to them according to the laws and ufages of the government under which they had res- pectively fettled : Provided neverthelefs, That if fuch perfons or their heirs do not return and occupy the faid lands within five years, fuch lands {hall be confidered as forfeited to the United States.

Sec. 3. And be it further enacled, That one meriy pof- 'hundred and fifty acres of land, heretofore in IntSw" pofleiTion of the Piankeihaw Indians, and now Indians under actual improvement, and conftituting a

to oicfent Part °^ tne viUage °f Vincennes, be given to poueiibrs. the perfons who are Severally in poffefhon of the faid land.

Sec. 4. And be it further enacted, That ohatads*3 "wnere lands have been actually improved claiming and cultivated at Vincennes, or in the Illinois country, under a fuppofed grant of the fame, by any commandant or court claiming authori- ty to make fuch grant, the governor of the faid territory be, and he hereby is empowered to confirm to the perfons who made fuch im- provements, their heirs or amgns, the Jands fuppofed to have been granted as aforefaid, or fuch parts thereof as he, in his discretion, may judge reafonable, not exceeding to any one per- fon, four hundred acres.

Lands here- Sec. 5. And be it further enacled^ That a. tqi'pre ufed tract of land, containing about five thoufand nion to.'o:: four hundred acres, which for many years has appropria- been fence£f ancj ufec| by the inhabitants of

tedthefeto. Tr. ir cl r 1 J

Vincennes as a common, alio a tract or land including the villages of Cohos and Prairie du Pont, and heretofore ufed by the inhabitants

under a

fuppofed

grant, to have tht;ir claims cell- ar rued.

!T 355 J

t>f the faid villages as a common, be, and tfte fame are hereby appropriated to the ufe of the inhabitants of Vincennes and of the faid vil- * lages reflectively, to be ufed by them as a com- mon, until otherwife difpofed of by law.

Sec. 6. And be it further enabled, That the governor of the faid territory be authorized to Militiamen. make a grant of land not exceeding one hun- ™0t°obta7n- dredacres, to each perfon who hath not obtain- edany do- ed any donation of land from the United States, j^d^tcTre- and who, on the firft day of Auguft., one thoiif cdve IC0 land feven hundred and ninety, was enrolled a in the militia at Vincennes or in the Illinois country, and has done militia duty, the faid land to be laid out at the expenfe of the gran- tees, and in fuch form and place as the faid governor fhall direct. Provided neverthelefs ', Appi-opm- That no claim founded upon purchafe or other- tio" °f a,

tr3.ct for t (12"

wife, fhall be admitted within a tract of land Kafkaflua/ heretofore occupied by the Kafkalkia nation lndians- of Indians, and including their village, which is hereby appropriated to the ufe of the faid Indians.

Sec. 7. And be it further enabled, That two Grantofto lots of land heretofore in the occupation of p-Gibault the priefts at Cahokia, and fituated near that Beouvafi""' village, be, and the fame is hereby granted in fee to P. Gibault ; and that a tract of land at Kafkafkia, formerly occupied by the Jefuits, be laid off and confirmed to St. Jam Beouvais, who claims the fame in virtue of a purchafe thereof.

Sec. 8. And be it further enacled, That fo f^ftj0Bbe much of the act of Congrefs of the twenty- kid out ac- eighth of Auguft, one thoufand feven hundred -£aofcon- and eighty-eight, as refers to the locations of grefs of certain tracts of land directed to be run out 1™% 2stIa

r 35s g

and referved for donations, to the ancient fet- tlers in the Illinois country be, and the fame is. hereby repealed, and the governor of the faid territory is directed to lay out the fame, agreeably to the ac~t of Congrefs of the twen- tieth of June, one thoufand leven hundred and eighty-eight.

FREDERICK AUGUSTUS MUHLENBERG,

Speaker of the Houfe of Reprefentatives.

JOHN ADAMS, Vice-Prcfidcnt of the United

States, and Prefident of the Senate. Approved, March the third, 1791 :

GEORGE WASHINGTON,

Prefident of the United States,

CHAPTER XXVIII.

An Aft for raifing and adding another Regiment to the Military Efiablifoment of the United States, and for making farther Provi/ionfor thd Protection of the Frontiers.

(repealed.)

r 357 1

"HE RE AS Congrefs did, by a refolution of the twenty-third day of September, one thoufand feven hundred and eighty-nine, recommend to the fe- veral ftates to pafs laws making it exprcfsly the duty of the keepers of their jails to receive and fate keep there- in all prifoners committed under the authority of the United States ; in order therefore to enfure the admi- niflration of juilice,

Refolved by the Senate and Houfe of Reprefentatives of the United States of America in Congrefs afembled, That in cafe any flate mail not have complied with the faid recommendation, the marfhal in fuch Hate, under the direction of the judge of the diflrid, be authorized to hire a convenient place to ferve as a temporary jail, and to make the neceflary provifion for the fafe-keeping of prifoners committed under the authority of the United States, until permanent provifion mail be made by law for that purpofe ; and the faid marfhal mail be allowed his reafonable expenfes incurred for the above purpo- fes, to be paid out of the treafury of the United States.

FREDERICK AUGUSTUS MUHLENBERG,

Speaker of the Houfe of Reprefentatives. JOHN ADAMS, Vice-Prefident of the United States^

and Prefident of the Senate. Approved, March the third, 1791 :

GEORGE WASHINGTON,

Prefident of the United States*

sss

[an act and two resolutions omitted in their proper place. 2

AN ACT

Patted at the fir ft Seffion

OF THE

FIRST CONGRESS

O F T H E

United States of America,

Begun and held at the City of New- York, or

Wednefday, the fourth of March, one

thoufand feven hundred and

eighty-nine :

AND OF THE

Independence of the United States,

THE r&I2iT£EWT&.

CHAPTER IV.

An Ad for ejiablifhing an Executive Department, to be denominated the Department of Foreign Affairs.

Section i. TQ) E it enaBed by the Senate and seaetary JL3 Houfe of Reprefentatives of the °1 *?"*?"? United States of America, in Congrefs ajfembled, duty. ' That there mall be an executive department, to be denominated the department of foreign affairs, and that there mall be a principal offi- cer therein, to be called the Secretary for the Department of Foreign Affairs, who mail per- form and execute fuch duties as mall from time to time be enjoined on or intruded to him by the Prefident of the United States, agree-

duty.

[ 36o 3

able to the conilitution, relative to correfpah- donees, commiffions or inftruclions to or with public mimfters or confuls, from the United States, or to negociations with public minifters from foreign dates or princes, or to memo- rials or other applications from foreign public minifters 01 other foreigners, or to fuch other matters refpectrng foreign affairs, as the Pre- fideirt of the United Stares mall affign to the faid department : And furthermore, that the faid principal officer mall conduct the bufinefs of the faid department in fuch manner as the Frefident of the United States iliail from time to time order or inftrucl:. Prindpal Sec. 1. And be it further enabled, That there clerk, ins £iajj ke -n t|le fa}j department, an inferior of- ficer, to be appointed by the faid principal of- ficer, and to be employed therein as he mail deem proper, and to be called the chief clerk in the department of foreign affairs, and who, whenever the faid principal officer mail be re- moved from office by the Prefident of the Uni- ted States, or in any other cafe of vacancy, mall, during fuch vacancy, have the charge and cuftodv of all records, books and papers appertaining to the faid department.

Sec. 3. And be it further enabled, That the ml? faid principal officer, and every other perfon to be appointed or employed in the faid de- partment, (hall, before he enters on the execu- tion of his omcQ or employment, take an oath or affirmation, well and faithfully to execute the trufl committed to him.

Sec. 4. And be it further enabled, That to take'J the Secretary for the department of foreign charge of affairs, to be appointed in confequence of this

papers, ike. ' » r_ j. m

of foreign act, (hail for th with after his appointment, be £St?" entitled to have the eufto'dy and charge of all

Oath of

x'. dietary

C 361 ]

records, books and papers in the office of Se* cretary for the department of foreign affairs, heretofore eftablifhed by the United States in Congrefs affembled.

FREDERICK AUGUSTUS MUHLENBERG, Speaker of the Houfe of Representatives.

JOHN ADAMS, Vice-Prefident of the United States, and Prejident of the Senate*

Approved, July twenty-feven, 1789:

GEORGE WASHINGTON,

Prejident of the United Stated

Vol. h Z %

C 36* ]

F^ ESOLVED'ty the Senate and Houfe of Reprefenta- lives of the United States of America in Congrefs affembled, That it be recommended to the Legiflatures of the feveral flates to pafs laws, making it exprefsly the duty of the keepers of their gaols, to receive and fafe keep therein all prifoners committed under the au- thority of the United States, until they {hall be dis- charged by due courfe of the laws thereof, under the like penalties as in the ofe.of prifoners committed under the authority of fuch flates refpeftively ; the United States to pay for the ufe and keeping of fuch gaols, at the rate of fifty cents per month for each pri- foner that (hall, under their authority, be committed thereto, during the time fuch prifoners fhall be therein confined ; and alfo to fupport fuch of faid prifoners as fhall be committed for offences.

FREDERICK AUGUSTUS MUHLENBERG^

Speaker of the Houfe of Reprefentatives. JOHN ADAMS, Vice-Frefident of the United States*

and Prefident of the Senate. Approved, September the 23d, 1789:

GEORGE WASHINGTON,

Prefident of the United States,

ESOLVED, That it fhall be the duty of the Se- cretary of State, to procure from time to time fuch of the flatutes of the feveral flates as may not fee in his office.

FREDERICK AUGUSTUS MUHLENBERG,

Speaker of the Houfe of Reprefentatives. JOHN ADAMS, Vice-Prefident of the United States, and Prefident of the Senate. Approved, September the 23d, 1789 :

GEORGE WASHINGTON,

Prefident of the United States*

THE

T R E A T I

MADE BY THE

UNITED STATES

Q S

WITH

Foreign Nations,

TREATY OF ALLIANCE

BETWEEN THE

United States of America

AND

HIS MOST CHRISTIAN MAJESTY.

■BsaonmEonn

TREATY OF ALLIANCE

BETWEEN THE

United States of America

AND

HIS MOST CHRISTIAN MAJESTY..

ORIGINAL.

TREATY OF ALLIANCE.

'HE Moft Chriftian King and the United States of North- America ; to wit : New- Hampfhire, Maffachufetts-bay, Rhode-Ifland, Connecticut, New- York, New-Jerfey, Fenn- fyl vania, Delaware, Maryland, Virginia, North- Carolina, Soudu Carolina, and Georgia, 'hav- ing this day concluded a treaty of Amity and Commerce, for the reciprocal advantage of their fubjects and citizens, have thought it necefiary to take into confideration the means of ftrengthening thofe engagements, and of rendering them ufeful to the fafety and tran- quility of the two parties ; particularly in cafe Great-Britain in refentment of that connec- tion and of the good correfpondence which is the object of the faid treaty, mould break the peace with France, either by direct hoflilities, or by hindering her commerce and navigation in a manner contrary to the rights of nations, and the peace fubfiiling between the two crowns : And his Majefly and the faid United

TRAITE D'ALLIANCE

ENTRE LES

\1 A

Etats Unis d'Amerique

E T

SA MAJESTE TRES CHRETIENNE,

ORIGINAL.

TRAITE D'ALLIANCE

eventuelle et defenfive*

IE Roi tres Chretien et les Etats Unis de l l'Amerique Septentrionale, favoir, New- Hampfliire, la Baye de Maffachuffet, Rhode- Ifland, Connecticut, New-York, Mew-Jerfey, Penfylvanie, Delaware, Maryland, Virginie, Caroline Septentrionale, Caroline Meridio-; nale, et Georgia ; ayant conclu ce jourd'huy un traite d'amitie, de bonne intelligence et de commerce, pour 1'avantage reciproque de leurs fujets et citoyens, ils ont cru devoir prendre en coniideration, les moyens de fenerrer leurs HaifoHS, et de les rendre utiles a la furete et a la tranquility des deux parties, notament dans le cas ou la Grande Bretagne, en haine de ces memes liaifans et de la bonne corref- pondance qui forment 1'objet du dit traite, fe porteroit a rompre la paix avec la France, foit en l'attaquant hoflilement, foit en troublant fon commerce, et fa navigation, d'une maniere contraire au droit des gens et a la paix fub- fiflante entre les deux couronnes : Et fa Ma-

[ 3«8 ]

States, having refolved in that cafe to joirt their councils and efforts agaihft the enterprises of their common enemy, the refpective pleni- potentiaries impowered to concert the claufes and conditions proper to fulfil the faid inten- tions, have, after the moft mature deliberation, concluded and determined on the following articles :

ARTICLE I.

tfwarbreak If war fhould break out between France

Great-Sri- anc* Great-Britain during the continuance of

tain, to be the prefent war between the United States and

eaSenm°n England> his Majefty and the faid United

States mall make it a common caufe and aid

each other mutually with their good offices,

their counfels and their forces, according to

the exigence of conjunctures, as becomes good

and faithful allies.

ARTICLE II.

obje& of '^ne effential and direct end of the prefent the treaty, defenfive alliance is to maintain effectually d«ceof the tne liberty, fovereignty and independence ab- u. states, folute and unlimited, of the faid United States, as well in matters of government as of com- merce.

ARTICLE III.

Both par- The tv/o contracting parties mail each oh tiestonvike fe own part> ancl 'm the manner it may judge

to?tLeia°r moil proper, make all the efforts in its power that end. ^gaJnft their common enemy, in order to at- tain the end propofed.

£ 3<59 ]

jefte et les dits Etats Unis ayant refolu evefi- tuellcment d'unir, dans le cas prevu, leurs confeils et leurs efforts contre les entreprifes de leur ennemi commun, les plenipotentiaires refpeclifs, charges de cohcerter les claufes et conditions propres a remplir leurs intentions, ont, apr£s la plus mure deliberation conclu et arrete les points et articles qui s'enfuivent.

ARTICLE PREMIER.

Si la guerre eclate entire la France et la Grande Bretagne, pendant la duree de la guerre acYuelle entre les Etats Unis et l'An- gleterre, fa Majefte et les dits Etats Unis fe- ront caufe commune et s'entr'aideront mutu- ellement de leurs bons offices,- de leurs confeils et de leurs forces, felon l'exigence des con- jonftures, ainfy qu'il convient a de bons et fideles allies.

ARTICLE SECOND.

Le but effentiel et direct, de la prefente al* liance defenfive, eft de maintenir efficacement la liberte, la fouverainete, et l'independance abfolue et illimitee des dits Etats Unis, tant en matiere politique que de commerce.

ARTICLE TRO'IS,

Les deux parties contradlantes feront'cha- cune de leur cote, et de la maniere qu'elles jugerpnt plus convenable, tous les efforts, qui ieront en leur pouvoir, centre leur ennemi commun, afm d'aiteindre au but qu'elles fe propofent.

Vol. I. A *

Coriecrr- rence in en

C 370 3

ARTICLE IV.

The contracting parties agree that in cafe either of them mould form any particular en- *e*prtee. terprize in which the concurrence of the other may be deftred, the party whofe concurrence is defined, mall readily and with good faith, join to a£t in concert for that purpofe, as far as circumftances and its own particular fitua- tion will permit ; and in that cafe, they (hall regulate, by a particular convention, the quan- tity and kind of fuccour to be furnifhed, and the time and manner of its being brought in- to action, as well as the advantages which arc to be its cpmpenfationv

ARTICLE V,

CoKquefts If the United States mould think fit to at-

Idon^to tempt the reduction of the Britifh power, re-

the tMtcd maining in the northern parts of America, or

states. tjle jf]anjs Gf Bermudas, thofe countries or

ifiandsin cafe of fuccefs, (hall be confederated

with, or dependant upon the faid United

States.

ARTICLE VI

Inauf£" T^e ^°^ C^ri^ian King renounces for ever all claim to the jpofTeffion of the iflands of Bermudas, as certain well as of any part of the continent of North

countries if . 1 • f 1 r • 1 r =r» • ■

conquered. America, which before the treaty or Fans in 1763, or in virtue of that treaty, were acknow- ledged to belong to the crown of Great-Bri- tain, or to the United States, heretofore cal- led Britifh colonies s or which are at this timer or have lately been under the power of the king and crown of Great-Britain*

[ 37* ]

ARTICLE QUATRE.

Les parties contra&antes font convenues que dans le cas ou Tune d'entre eiles fcrmeroit quelqu' entreprife particuliere, pour laquelle defireroit le concours de Fautre, celie-ci, fe preteroit de bonne foi a un concert fur cet objet., autant que les circonflances et fa pro- pre fituatioft pourront le lui permettre, et dans ce cas, on reglera, par une convention parti- culiere, la portee des fecours a fournis, et le terns et la maniere de le faire agir, ainfy que les avantages deftines a en former la compen- fation.

ARTICLE CINQ^

Si les Etats Unis jugent a propos de tenter Ja reduction des ifles Bermudes et des parties feptentrionales de l'Amerique, qui font encore au pouvoir de la -Grande Bretagne, les dites ifles et contrees, en cas de fucces, entreront dans la confederation ou feront dependantes des dits Etats Unis,

ARTICLE SIX,

Le Roi tres Chretien renonce a. poffeder jamais les Bermudes, ni aucune des parties du continent de L'Amerique feptentrionale, qui, avant le traite de Faris de mil fept cent foixante trois., ou en vertu de ce traite, ont e'te recon-. riues appartenir a la couronne de la Grande Bretagne, ou aux Etats Unis, qu'on appelloit ci-devant colonies Britanniques, cu qui font maintenant, ou ont ete' recemment fous la jurifdiction et fous le pouvoir de la couronne '4'e la Grande Bretagne,

c 37^ a

. ARTICLE VII.

- "If his Mod Chriftian Maiefty mall think

.Conquers .-> J

thHtfluii proper to attack any or the illands fituated 111 belong to ^e Gulph of Mexico, or near that Gulph;

r ranee. A " ' . i ?

which are at prefent under the power of Great- Britain, all the faid iiles, in cafe of fuccefs, fhall appertain to the crown of France.

ARTICLE VIII.

Neither Neither of the two parties fhall conclude

partv to » ,

conclude either truce or peace, with Great-Britain, treaty with- wjthout the formal confent of the other firft

out the o- ' ; 1 t , J '.'. . ..

ther's con- obtained ; and tney mutually engage not to rent, nor jay down their arms until the independence of

-lav uovrn •' '■'■■*■

arms till in- the United .States mail have been formally or ficDcndence tacitly allured, by the treaty or treaties that

oi J. States J . 1 '•

be fecured. mall terminate the war.

ARTICLE IX.

No claim of The contracting parties declare, that- being compenia- ref0IVed to fulfil each on its own part, the

<ion after , r . , . . r i r

|he war. clauies and conditions or the prelent treaty of alliance, according to its own power and circumftances, there fhall be no after claim of compensation on one fide or the other, whate- ver may be the event cf the war.

ARTICLE X,

To admit The MoM Chriftian King and the United other pow- States agree, to invite or admit other powers cede to tne wno may have received injuries from England, alliance, to make common caufe with them, and to ac- cede to the prefent alliance, under fuch con- ditions as fhall be freely agreed to, and fettled between all the parties.

[ 373 ]

ARTICLE SEPT.

Si fa Majeite tres Chretienne juge a propos fFattaquer aucune des illes fituces dans le golphe de Mexique ou pres du die golphe, qui ■font acluelleinent au pouvoir de la Grande Bretagae, loutes les dites ifles? en cas de nie- ces, appartiendront a la couronne de France.

ARTICLE HUIT.

Aucune des deux parties ne pourra concluire ni tre've ni paix avec la Grande Bretagne, fans le confentement prealable et formel de 1'autre partie, et elles s'engagent mutuellement a ne mettre bas les arnies, que lorfque 1'indepen- dance des dits Etats Unisaura e'te affuree fcr- mellement ou tacitement par le traite ou les traite's qui rermineront la guerre.

ARTICLE NEUP.

Les parties contractantes declarent, qu'etant rciolues de rcmplir chacune de fon cote les claufes et conditions du prefent traite d'aili- ance felon fon pouvoir et les circonftances, elles n'auront aucune repetition, ni aucun de'dcra- magement, a fe deniander reciproquement, quelque puiffe etre I'evenement de la guerre.

ARTICLE DIX.

Le Roi tres Chretien et les Etats Unis font convenus d'inviter de concert ou d'admettre les puiffances, qui auront des griefs centre j'Angleterre, a faire caufe commune avec eux, et a. acceder a Ja prefente alliance, feus les conditions qui feront librement agre'es et con- venues entre toutes les parties.

C 374 3 ARTICLE XL

j^tujii The two parties guaranty mutually from

Scanty, £ie prefent time, and for ever againft all other powers, to wit : The United States to his Molt Chrifrian Majelty, the prefent pofleflions of the crown of France in America, as well as thofe which it may acquire by the future trea- ty of peace : And his Moll Christian Maiefty guaranties on his part to the United States, their liberty, fovereignty and independence, abfolute and unlimited, as well in matters of government as commerce, and alfo their pof- feflions, and the additions or conquefts, that their confederation may obtain during the war, from any of the dominions now, or here- tofore poffefled by Great-Britain in North- America, conformable to the 5th and 6th ar- ticles above written, the whole as their pofTef- lion fhall be fixed and allured to the faid Itates, at the moment of the cefTation of their prefent: war with England.

ARTICLE XII.

h\ order to. fix more precifely the fenfe and GtwRittty application of the preceding article, the con- tracting parties declare, that in cafe of a rup- ture between France and England, the reci- procal guarantee declared in the faid article, ihall have its full force arid effect the moment jfuch war mall break otit ; and if fuch rupture ihall not take place, the mutual obligations of the faid guarantee ihall not commence until the moment of the ceifation of the prefent war, between the United States and England, fliajj have afccrtained their poilefflons,

tvneii to cvuimcnce.

C 375 1 ARTICLE ONZE.

Les deux parties fe garantinent mutuelic> fright des a prefent et pour toujours cnvers e£ contr'e tous, favoir, les Etats Unis a fa Majefle tres Chretienne les poffeffions aer.uellc3 de la coUronne de France en Amerique, ainiy que celles qu'elle jpourra acque'rir par le futur traite de paix ; Et fa Majeile tres Chretienne,, garantit de fon cote' aux Etats Unis leur liberte, leur fouverainete et leur independance abfolue et i'limitee, tant en matiere dp politique que de commerce, ainfy que leurs poiTeiTicns et tgs accroilfements ou conquetes que leur confede- ration pourra fe procurer pendant la guerre, d'aucun des domaines maintenant ou ci-devant poffedes par la Grande Bretagne dans PAme- rique feptentrionale, comformement aux arti- cles cinq et-fix ci-deffus, et tout ainfy que leurs poffeffions feront fixees . et aflurees aux dits Etats. au moment de la cefiation de leur guerre acr.uelle centre l'Angleterre.-

ARTICLE DOUZE.

Afin de fixer plus precifement ie fens et ^'application de Particle precedent, les parties contra£lantes declarant qu'en cas de rupture cntre la France et l'Angleterre, la garantie reeiproque enoneee dans le fufdit article, aura toute fa force et valeur du moment ou la guerre eclatera* et fi la rupture n'avoit- pas Heu, les obligations mutuelles de la dite ga- tantie, ne commeneeroientj que du moment fufdit, oii la ceifation de la guerre actuelle entre les Etats Unis et l'Angleterre, aura fixef- leurs poffeffions.

L 376 1 ARTICLE XIII.

The prefent treaty ihall be ratified on both tion. C * fides, and the ratifications (hall be exchanged in the fpace of fix months, or fooner if pofli- ble.

In faith whereof the refpective plenipoten- tiaries, to wit : . On the part of the^Mofl Chrif- tian king, Conrad Alexander Gerard, Royal Syndic of the city of Strafbonrgh, and Secre- cretary of his Majefty's Council of State ; and on the part of the United States, Benjamin Franklin, Deputy to the General Congrefs from the ftate of Pennfylvania and Prefident of the Convention of the fame ftate ; Silas Deane, heretofore Deputy from the ftate of Connecticut, and Arthur Lee, Gounfellor at Law, have figned the above articles both in the French and Englifh languages, declaring ne- ver thelefs, that the prefent treaty was original- ly compofed and concluded in the French lan- guage, and they have hereunto affixed their feals*

Done at Paris, this fix th day of February'^ one th ouf and f even hundred andfeventy* eight.

C. A. GERARD, (L. s.)

B. FRANKLIN,, (t. s.)

SILAS DEANE, (l. s.)

ARTHUR LEE, \u s.)

t 377 3

ARTICLE TREIZE.

Le preferrt trait6 fera ratiffie" de part et tPaiitre et les ratifications feront Cchangees <lans 1'efpace de fix mois ou pluftot fi faire fe peut.

En foi dequoi les plenipotentiaires refpectifsi favoir, de la part du Roi tres Chretien le Sr* Conrad, Alexandre Gerard, Sindic Royal de la Yille de Strafbourg et Secretaire du Confeil d'Etat de fa Majefte, et de la part des Etats Unis les Srs. Benjamin Franklin, Depute au Congres General de la part de Petat de Pen- fylvanie et Prefident de la Convention du raeme etat ; Siles Deane cy-devant Depute de Fetat de Connecticut, et Arthur Lee C&n- feiller es Loix, ont figne les articles ci-defTus^ tant en langue Francoife qu'en langue An- gloife, declarant neanmoins, que le prefent traite, a ete originairement redige et arrete en langue Francoife, et ils les ont munis du cachet de leurs armes.

Fait ci Paris, le Jixieme jour du mois d* Fevrier, mil fept cent Join ante dixhuit.

C. A. GERARD, (l, s.)

B. FRANKLIN, (l. s.)

SILAS DEANE, (l. s.)

ARTHUR LEE, (l. s,)

Vol. I. B j

TREATY

OF AMITY AND COMMERCE

BETWEEN THE

United States of America

AND

HIS MOST CHRISTIAN MAJESTY;

mm

ORIGINAL.

TREATY of AMITY and COMMERCE.

THE Mod Chriftian King, and the thir- teen United States of North America, to wit: New-Hampfhire, Maffachufetts-Bay, Rhode-Ifland, Connecticut^ New- York, New* Jerfey, Pennfylvania, Delaware, Maryland, Virginia, North-Carolina, South-Carolina, and Oeorgia, willing to fix in an equitable and permanent manner, the rules which ought to be followed relative to the correfpondence and commerce which the two parties defire to ef- tablifh, between their refpe&ive countries * ftates and fubje&s, his Moft Chriftian Majefty and the faid United States, have judged that the faid end could not be better obtained than by taking for the bafis of their agreement, the moft perfect equality and reciprocity, and by carefully avoiding all thofe burthenfome pre* ferences which are ufually fources of debate, embarraflment and discontent j by leaving al-

T R A. I T E

B'AMITIE ET DE COMMERCE

ENTRE LES

Etats Unis cTAmerique

E T

SA MAJESTE TRES CHRETIENNE.

ORIGINAL.

TRAITE D'AMITIE et de COMMERCE.

E Roi tres Chretien et les treize Etats Unis de PAmerique Septentrionale, fa- voir, New-Hampfhire, la Baye de Maffachuf- fet, Rhode-Ifland, Conne&icut, New-York, New-Jerfey, Penfylvanie, les comtes de New- caftle, de Kent et de Suffex fur la Delaware, Maryland, Virginie, Caroline, Septentrionale, Caroline Meridionale, et Georgie, voulant etablir d'une maniere equitable et permanente les regies qui devront etre fuivies relativement a. la correfpondance et au commerce que les deux parties dpfirent d'etablir entre leurs Pais Etats et fujets refpe&ifs, fa Majefte tres Chre- tienne etles dits Etats Unis ont juge nepouvoir mieux atteindre a ce but qu'en prenant pour bafe de leur arrangement Tegalite et la reci- procity la plus parfaite, et en obfervant d'eviter toutes les preferences onereufes, fource de dif- cuffions, d'embarras, z% de niecontentemensa

C 380 1

fo rach party at liberty to make, refpe&ing commerce and navigation, thofe interior regu- lations "which it fhall find moft convenient to itfelf ; and by founding the advantage of com- merce folely upon reciprocal utility, and the juft rules of free inter courfe ; referving withal to each party the liberty of admitting at its pleafure, other nations to a participation of the fame advantages. It is in the fpirit of this Intention, and to fulfil thefe views, that his faid Majefty having named and appointed for his plenipotentiary, Conrad Alexander Gerard, Royal Syndic o£ the city of Strafbourgh, Se- cretary of his Majefty's Council of State ; and the United States on their part, having fully empowered Benjamin Franklin, Deputy from the ftate of Pennsylvania to the General Con- grefs, and Prefident of the Convention of faid ftate ; Silas Deane, late Deputy from the ftate of Connecticut to the faidCongrefs, and Ar- thur Lee, Counfellor at Law ; the laid refpec- tive plenipotentiaries after exchanging their powers, and after mature deliberation, have concluded and agreed upon the following ar- ticles.

ARTICLE I. Bwce and There fhall be a firm, inviolable and univer- beTweentL fal peace, and a true and fincere friendfhip be- twonations. tween the Moft Chriftian King, his heirs and fuceeffors, and the United States of America } arid the fubjecls of the Moft Chriftian King and of the faid States ; and between the coun- tries, ifiands, cities and towns, fituate under the jurifdiclion of the Moft Chriftian King and of the faid United States, and the people and in- habitants of every degree, without exception of perfons or places 5 and the terms herein a.f»

t 381 a

cte laifler a chaque partie la liberte de faire, relativement au commerce et a la navigation les reglemens interieurs qui feront a. fa con- venance, de ne fonder les avantages du com- merce que fur fon utilite reciproque et fur les loix-d'une jufte concurrence, et de eonferver ainfi de part et d'autre la liberte de faire par- ticiper, chacun felon fon gre, les autres nations, aux memes avantages. Celt dans cet efprit et ,po.ur remplir ces vues que fa dite Majefte ayant nomme et conftitue pour fon plenipo- tentiaire le Sieur Conrad Alexandre Gerard, Sindic Roial de la ville de Strafbourg, Secre- taire du Confeild'Etat de fa Majefte, et les Etats Unis aiant, de leur cote, munis de leurs pleins pouvoirs les Sieurs Benjamin Franklin, Depute au Congres General de la part de TEtat de Penfylvanie, et Prefident de la Con- vention du dite Etat, Silas Deane ci-devant Depute de TEtat de Connecticut, et Arthur heerConfeiIler es Loix, les dits plenipotentiaires refpectifsapres Fechange de leurs pouvoirs e£ apres mure deliberation ont conclu et arrete les points et articles fuivans.

ARTICLE I.

II y aura une paix ferme, inviolable et uni- verfelle et une amitie vraie et fincere entre Le Roi tres Chretien fes heritiers.et fuccefieurs, et entre les. Etats Unis de PAmerique ainfi qu'entre les fujets de fa Majefte tres Chretienne et ceux des dits Etats, comme auffi entre les peuples, ifles, villes et places fitues fous la ju- rifdiftion du Roi tres Chretien et des dits Etats Unis, et entre leurs peuples et habitans de toutes les clafies, fans aucune exception de perfonnes et de lieux \ les conditions men-

L" 3«* ]

ter mentioned fhall be perpetual between the ■ Mofl Chriftian King, his heirs and fucceflbrs, and the faid United States.

ARTICLE II.

Neither The Moft Chriftian King and the United

Pra2 fa- States, engage mutually not to grant any par- lors to ticular favour to other nations, in refpeet of dons' that commerce and navigation, which fhall not im- ■fliaUnot mediately become common to the other party, common to w^° ma^ enj°y foe fame favour, freely, if the the other conceffion was freely made, or on allowing the party. f^me compenfation, if the conceffion was con- ditional.

ARTICLE III,

&ubje&sof The fubje&s of the Moft Chriftian King the King of ;]-,a}} p^y jn ^ ports, havens, roads, coun- titled to the tries, iflands, cities, or towns, of the United fame pri- States, or any of them, no other, or greater the united duties, or impofts, of what nature foever they Shates' ft* may ^e' or ^ wnat name foever called , than favored na- thofe which the nations moft favoured are or pop. (|ia}| De obliged to pay ; and they (hall enjoy

all the rights, liberties, privileges, immunities, and exemptions in trade, navigation and com- merce, whether in paffing from one port in the faid ftates to another, or in going to and from the fame, from and to any part of the world, which the f^id nations do or fhall enjoy.

ARTICLE IV.

The fubje&s, people and inhabitants of the faid United States, and each of them, fhall not pay in the ports, havens, roads, ifles, cities and places under the domination of his Mpft

C 383 3

tionnees au prefent traite feront perpetuelles et permanentes entre Le Roi tres Chretien, fes heritiers et fucceffeurs, et les dits Etats Unis.

ARTICLE IL

Le Roi tr£s Chretien et les Etats Unis s'engagent mutuellement a n'accorder aucime faveur particuliere a d'autres nations* en fait de commerce et de navigation, qui ne devienne aufitot commune a 1' autre partie, et celle-ci jouira de cette faveur gratuitement, fi la con- ceffion eft gratuite, ou en accordant la meme compenfation, fi la concemon eft conditionelle,

ARTICLE III.

Les fujets du Roi tres Chretien ne paieront dans les ports, havres, rades, contrees, ifles, cites et lieux des Etats Unis ou d'aucun d'entr'eux, d'autres ni plus grands droits ou impots, de quelque nature qu'ils puifient etre, et quelque nom qu'ils puifient avoir que ceux que les nations les plus favorifees font, ou feront tenues de pa'ier ; Et ils jouiront de tous les droits, libertes, privileges, immunites et exemtions en fait de negoce, navigation et commerce, foit en paffant d'un port des dits Etats a un autre ; foit en y allant ou en re- venant de quelque partie ou pour quelque partie du monde que ce foit, dont les dites nations jouhTent ou jouiront.

ARTICLE IV.

Les fujets, peuples et habitans des dits Etats Unis et de chacun d'iceux ne paieront dans les ports, havres, rades. ifles, villes et places de la domination. de fa Majefle tres Chretienne en

C . 384 J

Chriftian Majefty, in Europe, any other, or 6ens of the greater duties or impofls, of what nature foe- United ver they may be, or by what name foever cal* tittedtothe led, than thofe which the mod favoured na- - fameprivi- t}ons are or fllau De obliged to pay ; and they

Jesres 111 the • •> ...

dominions mall enjoy all the rights, liberties, privileges, of ^raace> immunities, and exemptions in trade, naviga-

ci 5 t ii c t • ■ olt. 1 11* rr* c

favored na- tion and commerce, whether m palling from

tion. one p0rt inthefaid dominions, in Europe, to

another, or in going to and from the fame,

from and to any part of the world, which the

faid nations do or mail enjoy.

ARTICLE V.

In the above exemption is particularly com- barticuiar prifed, the impofition of one hundred fols per exemption. ton^ eftablifhed in France on foreign fhips ; un- lefs when the mips of the United States mall load with the merchandize of France for ano- ther port of the fame dominion,, in which cafe the faid mips mall pay the duty above men- tioned fo long as other nations the moil favour- ed fhall be obliged to pay it* But it is under- ftood that the faid United States, or any of them, are at liberty when they (hall judge it proper, to eftablifh a duty equivalent in the fame cafe.

ARTICLE VI.

The Moft Chriflian King fhall endeavour by all the means in his power to protect and de* fend all veifels and the effects belonging to the fubje&s, people or inhabitants of the faid United States, or any of thems being in his ports, havens, or roads, or on thefeas near to his countries., iilands, cities or towns, and t<$

C 385 ]

Europe d'autres ni plus grands droits ou im« pots de quelque nature qu'ils puiffent etre et quelque nom qu'ils puiffent avoir que les na- tions les plus favorifees font, ou feront tenues de paier, et ils jouiront de tous les droits, li- beries, privileges, immunite's et exemtions en fait de n . goce, navigation et commerce foit en paffant d'un port a Un autre des dits Etats du Roi tres Chretien en Europe, foit en y allant ou en revenant de quelque partie ou pour quelque partie du monde que ce foit, dont leg nations fufdites jouiffent ou jouiront*

ARTICLE tft

Dans Pexemtion ci-d;;iTus eft nommement; comprife 1'impofition de cent feus par tonneau etablie en France fur les navires etrangers, ft ce n'eft lorfque les navires des Etats Unis chargeront des marchandifes de France, dans un port de France, pour un autre port de la nieme domination, auquel Cas les dits navires des dits Etats Unis acqititteront le droit dont il s'agit auffi long terns que les autres nations les plus favorifees feront obligees de Facquitter. Bien entendu qu'il fera fibre aux dits Etats Unis, ou a aucun d'iceux d'etablir, quand ils le jugerorit apropos, un droit equivalent a celui dont il eft queftion pour le meme cas pour lequel il eft etabli dans les ports de fa Majefte tres* Chretienne.

ARTICLE VL

Le Roi tres Chretien fera ufage de tous les moiens qui font en fon pouvoir, pour protege? et defendre tous les vaiffeaux et efFets apparte- nants, aux fujets, peuples et habitans des dits Etats Unis et de chacun d'iceux qui feront dans fes ports, havres, ou rades, 011 dans leg' mers pres de fes pays, contrees, iiles, villes e* Vol. I. C 3

C 386 3

France to recover and reftore to the right owners, their Fek^f the agent or attornies, all fuch veffels and effects, citizens of which (hall be taken within his jurifdiftion ; .states in and the mips of war of his Mod Chriftian Ma- their jurif- jefty, or any convoy failing under his authori- reQore' ty, mall upon all occafions take under their them when protection, all veffels belonging to the fubjects, and to con- people or inhabitants of the faid United States, yoy veffels or any 0f them, and holding the fame courfe,

jn ccrt3.ni ■ '

cafes. or going the fame way, and mail defend fuch

veffels as long as they hold the fame courfe, or go the fame way, againft all attacks, force and violence, in the fame manner as they ought to protect and defend the veffels belonging to the fubjefts of the Moil Chriftian King.

ARTICLE VII.

united In like manner thefaid United States and their

states to do fhips of war, failing under their authority, mall protect and defend, conformable to the tenor of the preceding article, all the veffels and effefts belonging to the fubje&s of the Moll: Chriftian King, and ufe all their endeavours to recover, and caufe to be reftored, the faid veffels and effects that mall have been taken within the jurifdiction of the faid United States, or any of them.

ARTICLE VIII. King of The Mod Chriftian King will employ his

^diinited g00^ offices and interpofition with the King states to or-Emperor of Morocco or Fez, the regencies ■ ^swiduhe °f -Algier, Tunis, and Tripoli, or with any of Barbary them ; and alfo with every other Prince, powers. State or Power, of the coaft of Barbary, in Africa, and the fubjecls of the faid King, Em-

t 387 ]

places, et fera tous fes efforts pour recouvrer et faire reftituer aux proprietaires legitimes, leurs agens ou mandataires, tous les vaiffeaux et effets qui leur feront pris dans l'etendue de fa jurifdi&ion : Et les vaiffeaux de guerre de fa Majefte tres Chretienne ou les convois quelconques faifant voile fous fon autorite, prendront, en toute occafion, fous leur protec- tion tous les vaiffeaux appartenants aux fujets, peuples et habitans des dits Eiats Unis ou d'aucun d'iceux, les quels tiendront le meme cours, et feront la meme route, et ils deferidront les dits vaiffeaux auffi long-tems qu'ils tiendront le meme cours et fuivront la meme route, con- tre toute attaque force ou violence de la meme maniere qu'ils font tenus de defendre et de proteger les vaiffeaux appartenans aux fujets de fa Majefle tres Chretienne. ARTICLE VII.

Pareillement les dits Etats Unis et leurs A^aiffeaux de guerre faifant voile fous leur auto- rite protegeront et defendront conformement au contenu de l'article precedent, tous les vaiffeaux et effets appartenants aux fujets du Roi tres Chretien, et feront tous leurs efforts pour recouvrer et faire reftituer les dits vaif- feaux et effets qui auront etc pris dans l'e- tendue de la juiifdiction des dits Etats et de chacun d'iceux.

ARTICLE VIII.

Le Roi tres Chretien emploiera fes bons offices et fon entremife aupres des Roi ou Em- pereur deMaroc ouFez, des Regencesd' Alger, Tunis et Tripoli, ou aupres d'aucune d'entr* elles ainfi qu' aupres de tout autre Prince, Etat, ou Puiffance des cotes de Barbarie en Affrique et des fujets des dits Roi, Empereur, Etats et

C 388 ]

peror, States and Powers, and each of them, in order to provide as fully and efficacicuily as poflible for the benefit, ccnveniency and fafety of the faid United States, and each of them, their fubjech, people and inhabitants, and their veffels and effects againfl all violence, infult, attacks, or depredations, en the part of the faid Princes, and States of Barbary, or their fubjects.

ARTICLE IX.

eachparty The fubjects, inhabitants, merchants, com- fiiaii i^t manders of fhips, mafters and mariners of the

niii in the n . . .... c ,

dominions ^ates, provinces and dominions or each party aftkeother. refpe&ively fhall abftain and forbear to fifh in all places pofTeffed, or which fhall be pofTeffed by the other party ; the Moft Chriflian King's fubjecls (hall not fifh in the havens, bays, creeks, roads, coafis or places, which the faid United States hold, or fhall hereafter hold, and in like manner the fubjecls, people and inhabitants of the faid United States, mall not fifh in the havens, bays, creeks, roads, coafts or places, which the Moft Chriftian King poffeffes, or mail hereafter poffefs ; and if any (hip or vef- fel fhall be found riming contrary to the tenor of this treaty, the faid fhip or veffel, with its lading, proof being made thereof, fhall be con- fiscated ; it is however understood that the ex- clufion flipulated in the prefent article, fhall take place only fo long, and fo far as the Mofl Chriflian King, or the United States, fhall not in this refpecl have granted an exemption to fome other nation.

ARTICLE X. The United States, their citizens and in- habitants fhall never difturb the fubjecls of the

C 3S9 j

Puiflances et de chacun d'iccux a I'effet de pourvoir auili pleinement et auffi efficacement qu'il fera poffible a l'avantage ccmmodite et ferete des dits Etats Unis et de chacun d'iceux, ainfi que de leurs fujets, peuples et hahitans leurs vaiiTeaux et effets contre toute violence, infulte, attaque ou depredations de la part des dits Princes et Etats Barbarefques ou de leurs fujets.

ARTICLE IX.

Les fujets, habitans, marchands, comman- dans des navires, maitres et gens de mer, de3 etats, provinces et domaines des deux parties, s'abftiendront et^eviteront reciproquement de pecher dans toutes les places poffedees, ou qui feront poffedees par l'autre partie. Les fujets de fa Majefte tres Chretienne ne pecheront pas dans les havres, bayes, criques, rades, cotes et places que les dits Etats Unis, poffedent ou poffederont a. l'avenir ; et de la meme rnaniere les fujets, peuples et habitans des dits Etats Unis ne pecheront pas dans les havres, bayes, criques, rades, cotes et places que fa Majefte tres Chretienne pofTede actuel- lement ou pofledera a l'avenir, et fi quelque navire ou batiment etoit furpris pechant en violation du prefent traite, le dit navire ou batiment et fa cargaifon feront conhTques apres que la preuve en aura ete faite duement. Bien entendu que 1'exclulion flipulee dans le prefent article n'aura lieu qu'autant, et fi long terns que le Roi et les Etats Unis n'auront point accorde a cet egard d'exception a quelque na- tion que ce puifle etre.

ARTICLE X. Les Etats Unis, leurs citoiens et fit; 1 ns nc troubleront jamais les fujets du Roi .re-

t 39° 3

citizens of Mod Chriftian King in the enjoyment and ex- 11 siatcs ercife 0f the right of hilling on the banks of

lliall not o , C5 .

diimrbfub- -Newfoundland, nor in the indefinite and ex- rraacein cm^lve right which belongs to them on that their right part of the coaft of that ifland which is defign- cf fifhmg ej ^ t}le treaj.y 0f Utrecht, nor in the rights Newfound- relative to all, and each of the ifles which be- land' long to his Molt Chriftian Majefty, the whole

conformable to the true fenfe of the treaties

of Utrecht and Paris.

^ARTICLE XI.

The fubjefts and inhabitants of the faid United States, or any one of them, fhali not be reputed aubains in France, and confequent- ly mall be exempted from the droit d'aubaine, or other fimilar duty under what name foever. They may by tellament, donation, or other-

# The two following Articles were originally agreed to, but afterwards refcinded ; to wit :

ARTICLE XL

It is agreed and concluded that there floall never be any duty impofed on the exportation of the mo- laffes that may be taken by the fubj eels of any of the United States, from the iflands of America 'which belong, or may hereafter appertain to his Mojl Chriftian Majefty.

ARTICLE XII.

In compenfatlon of the exemption Jlipulated by the preceding article, it is agreed, and concluded, that there fid all never be any duties impofed on the exportation of any kind of merchandize which the fubj eels of his Moji Chriftian Majefty may take from the countries undpoffejfions.prcfent or future, of any of the Thirteen United States, for the ufe of the ijlands which Jhall fur nifli molajfes*.

C 391 ]

tien dans la jouiffance et exercife du droit de peche fur les bancs de Terre neuve, non plus que dans la jouiffance indefinie et exclufive qui leur appartient fur la partie des cotes de cette ifle, defignee dans le traite d' Utrecht, ni dans les droits relatifs a toutes et chacune des ifles qui apartiennent a fa Majelte tres Chretienne ; le tout conforiiiement au verita- ble fens des traites d'Utrecht et de Paris.

* ARTICLE XI. Les fujets et habitans des dits Etats Unis on de Pun d'eux ne feront point reputes aubains en France, et confequemment . feront exenits du droit d'aubaine ou autre droit femblable quelque nora qu'il puilTe avoir ; pourront clii- pofer par teilainent, donation, ou autrement

* Les deux articles fu'ruans avaient ete originaire- ment convenes, mais Us ont ete depuis revoques; fa-voir :

ARTICLE XL

II eft convenu et arrete qu'il ne fera jamais impofe aucun droit fur I' exportation des melaffcs qui pourront etre tirees par les fujtts d' aucun des Etats Unis des ifles d' Am erique qui appartiennent ou pourront apparienir a fa Majefe tres Ghreticnn?,

ARTICLE XII.

En compenfation de Vcxemtion fiipulee par V article precedent, il efi convenu et arrete qu li- ne fera jamais impofe aucun droit fur F exhort a- ' tion d'aucune efpece de denrees et marchandifes que les fujets de fa Majefe tres Chretienne pourront tircr des pays ou pofeffions acluelles ou futures d' aucun des Treize Eta-is Unis pwr I'ufags- des ifles qui four nffe lit les mehjps,

[ 39* ]

citizens of wife, difpofe of their goods, moveable and im- exempted moveable, in favor of fuch perfons as to them from droit fhall feem good, and their heirs, fubject.3 of the may difpofe laid United States, rending whether in France ute^'1 ef" or e^ewnere3 niay fucceed them ab inteflat, without being obliged to obtain letters of na- turalization, and without having the effect of this conceffion contefled or impeded under pretext of any rights or prerogative of pro-

Acl of France refcinding the foregoing articles.

TRANSLATION*

The General Congrefs of the United States of North America, having reprefented to the King that the execution of the eleventh article of the treaty of Amity and Commerce, figned the fixih of February lafb, might be productive of inconve- niences ; and having therefore de fired thefuppref-

Jion of this article, confenting in return that the twelfth article Jhall likewife be confidered of no effeel : His Majefly in order to give a new proof of his affeclion, as alfo of his defire to confolidate the union and good correfpondence efiablijhed be- tween the two States, has been p leafed to confide r their reprefentations : His Majefly has confequent- ly declared, and does declare by ihefe prefentsy that he confents to the fupprejfion of the eleventh and twelfth aforementioned articles, and that bis intention is, that they be confidered as having ne- ver been comprehended in the treaty figned the

Jixth of February lafi. .

Done at Verfailles the firfi day of the month of September, one thoufand feven hunched and feventy-eight.

Graviee. de Vergennes,

t 393 3

(9te letffs biens meubles et immeubles en faveUt* de telles perfonnes que bon leu* femblera ; et leurs h<:ritiers5 fujets des clits Etats Unis, refi- dans foit en France foit ailleurs, pourront leuf iucc&der ab intefat, fans qu'ils aient befoin d'obtenir des lettres de naturalite, et fans que I'effet de cette concefiion leur puilfe etre'eon- teile ou empeche fous pretexte de quelques droits ou prerogatives des provinces villes ou

Acle de la France revoquant les articles pre* cedens.

ORIGINAL,

Le Congres General des Etats tints de PAmS- rique Septentrionale ay ant reprefente au Roi que P execution de P article onze du traite d' Amitie et de Commerce ', figne le fix du moil de Fevrier dernier, pourroit entrainer des incomuenients apres foi, et ay ant dejire en confequence que cei article demeurdt fupprime ; confentant en S change que Particle dquze foit egalement regarde comme non avenu, fa Majejie, pour donner aux Etats Unis de P Amerique Septentrionale une nouvelle preuve de fon affeclion, ainfi que de fon defir de confo- lider P union et la bonne correfpondance Stab lies entre les deux Etats, a bien voulu avoir egard a lews reprSfentations ; En confequence fa Majejie a declare et declare par les prefentes, qiPelle con- fent a la fuppreffion des articles onze et douze fufmentionnes, et que fon-intention ejl, qu'ils foient regardes comme n'ayant jamais ete compris dans le traite fignS le fix Fevrier dernier.

Fait a Verfailles le premier jour du mots de Septembre mil fept cent foixante et dix huit.

Gravier de Vergijnnis. Vol. I. D 3

[ 394 ]

flluces, cities, or private perfons ; and the faid heirs, whether fuch by particular title, or ab intejlat, fliall be exempt from all duty called droit de de trad ion, or other duty of the fame kind,,' faving neverthelefs the local rights or duties as much, and a> long as fimilar ones Subjedtsof are not eftabiifhed by the United States, or ?*rancrc . any of them* The fubjects of the Moft Chrif-

have ferns- . J TT.. n „ . - . . ., .

iar privi- tian King mail enjoy on their part m all tne.

^ges. dominions of the faid States, an entire and perfect reciprocity relative to the ftipulations contained in the prefent article, but it is at the

Act. of the United States refcinding the fore* going articles.

ORIGINAL.

DECLARATION.

The moji Ghriftian King having been pleafecf. to regard the reprefentations made to him by the General Congrefs of North America, relative fa the eleventh article of the treaty, of commerce, fign- ed the fixth of February in the prefent year ; and his majefly having therefore eonfented thai the faid article jhould be fupprefed, o?i condition* that the twelfth article cf the fame treaty be equally re- garded as of none effeel ; the General Congrefs. hath declared, and do declare on their part, that ' they confent to the fupprejfion of the eleventh and twelfth articles of the above mentioned treaty \ and that their intention is, that thefe articles be regarded as having never been comprized in the treaty figned the fixth of February. In faith whereof, &c. •

B. Franklin,

Arthur Lee,

John Adams.

«

C 3'9$ ] '

petfonnes privees. Et feront les dits heritiers ibit a litre particulier lbit ab inteflat exemts de tout droit de det aclion ou autre droit de ce genre ; faiif neanmo/ns les droits tocaux tant, et fi long terns, qu''' n'en fera point etabli de pareils par les dits Etats Unis ou aucun d'iceux. Les fujets du Roi tres Chretien jouiront de leur cote dans tous les domaines des dits Etats d'une entiere et parfaite reciprocity relative-^ ment aux ftipulations renfcrmees dans le pre- fent article. Mais il eft convenu enmeme terns •que fon contenu ne portera aucune atteinte

A&e des Etats Unis revoquant les articles precedens.

O R I G I N A L.

DECLARATION,

Le Hoi tres Chretien ayant bien voulu avoir ■egard. aux representations que lui a faites le Con- gres General de V dmerique Septcntrionale, re- laiivemeni a F article onze du traite de commerce ', figne le fix Fevrier de la prefente -annee ; et fa Maje/re ayant confenti en confequence que le dit article demeurdtt fupprime a condition que F article douze du meme traite fut egalement regarde comme non av-enu ; le Congres General a declare et de-- ■dare de fon cote qu'il confent a la fuppreffion des articles onze et douze fufnentknnes, et fon in- Mention efl, quails foient regardes comme tf ayant jamais etc compris daris le traite figne le fiti £e-vi'ier dernier. En foi de quoiy Is'-c.

B. Franklin-,

Arthur Lee,

J-QH4? Ada.ma,

[ 396 ]

fame time agreed that its contents fhall apt affect the laws made, or that may be made hereafter in France againft emigrations which fhall remain in all their force and vigour, and the United States on their part, or any of them, fhall be at liberty to enact fuch laws, relative to that matter, as to them mail feern proper.

ARTICLE XII.

efeipVfuT- The merchant- mips of either of the parties

peered ihail . . . _ * . T ;.

exhibit which mall be making into a port belonging paifyorts t0 t]le enemv of the other ally, and concerning ficates. whofe voyage, and the fpecies of goods on board her, there fhall be juft grounds of fuf- picion, fhall be obliged to exhibit as well upon the high feas, as in the ports and havens, not only her paffports, but likewjfe certificates, ex- prefsly {hewing that her goods are not of the number of thofe which have been prohi- bited as contraband,

i ARTICLE XIII.

If by the exhibiting of the abovefaid certifi- BWtorro- cates5 the otner party difcover there are any need in cafe of thofe forts of goods which are prohibited ut coutra- ^ declared contraband, and confirmed for a

band gooes. ' &

port under the obedience or his enemies, it fhall not be lawful to break up the hatches of fuch (hip, or to open any cheft, coffers, packs, calks, or any other veffels found there- in, or to remove the fmalleft parcels of her goods, whether fuch fnip belongs to the fub- jecls of France, or the inhabitants of the faid United States, unlefs the lading be brought on more in the prefence of the officers of the court of admiralty, and an inventory thereof made ; but there fhall be no allowance to fell, exchange or alienate the fame, in any manner, until after that due and lawful procefs mail

C 397 3

aux loix promulguees en France contre hi emigrations, on qui pourront etre promulguees dans la fuite, les quelles demeureront dans toute leur force et vigueur. Les Etats Unis de leur cote ou aucun d'entr' eux, feront libres de itatuer fur cette matiere telle loi qu'iis jugeront apropos.

ARTICLE XII.

Les navirc.s marchands des deux parties qui feront defliiies pour des ports appartenants a une puiifance ennemie de l'autre allie et dont le voiage cu la nature des marchandifes dont ils feront charges donneroit de juftes foupcons, feront tenus d'exhiber foit en haute mer, foit dans les ports et havres, non feulement leurs paffeports mais encore les certificats qui con- ftateront expreffement que Leur chargement n'efl pas de la qualite de ceux qui font prohibes comme contrebande.

ARTICLE XIII. Si Pexhibition des dits certificats conduit a decouvrir que le navire porte des marchandi- fes prohibees et reputees contrebande, con- signees pour un port ennemi, il ne fera pas perrriis de brifer les ecoutilles des dits na vires, ni d'ouvrir aucune caiffe, coffre, malle, bal- lots, tonneaux et autres caiffes qui s'y trou- veront, ou d'en deplacer et detourner la mo- indre par tie des marchandifes foit que le na- vire appartienne aux fujets du Roi tres Chre- tien ou aux habitans des Etats Unis, jufqu' a ce que la cargaifon ait ete mife a terre en pre- fence des ofEciers des cours d'amiraute, et que l'inventaire en ait ete fait ; mais on ne permettra pas de vendre, echanger ou aiiener les navires ou leur cargaifon en maniere quel- conque, avant que le proces ait ete fait et par-

I 39-3 ]

laave been had againft fuch prohibited goods* and the court of admiralty mall by a fentence pronounced have confiscated the fame : faving always as well the (hip itfelf as any other goods found therein, which by this treaty are to be efteemed free, neither may they be detained on pretence of their being as it were infected by the prohibited goods, much lefs mail they be confifcated, as lawful prize : but if not the ■whole cargo, but only part thereof mall con- fift of prohibited or contraband goods, and the commander of the fhip mall be ready and , willing to deliver them to the captor, who has

difcovered them, in fuch cafe, the captor hav- ing received thofe goods, mail forthwith dif- charge'the fhip, and not hinder her by any means, freely to profecute the voyage on which die was bound. But in cafe the contra- band merchandizes cannot be all received on board the veffel of the captor, then the captor may, notwithstanding the offer of delivering him the contraband goods, carry the veffel into the neareft port agreeable to what is above ■directed*

ARTICLE XIV,

On the contrary it is agreed, that whatever ■Gcxms fl^all be found to be laden by the fubje&s and

found m an ' . J

enemy's inhabitants or either party on any imp belong- fhip may *n t0 ^e enemjes 0f the other, or to their fub- cattd,un- jefts, the whole although it be not or the fort ?rdhc°n °* prohibited goods, may be confifcated in the

fore r^ccia- fame manner as if it belonged to the enemy, •waT^r* ^oejjt fuch goods and merchandizes as were

ivithi

iviontl

n invo put on board fuch fhip before the declaration of war, or even after fuch declaration, if fo be it were done without knowledge of fuch •declaration, fo that the goods of the fubje&s

[ 399 ]

fait legalement pour declarer la contrebancfe^ et que les cours d'amiraute auront prononce- leur confifcation par jugement, fans prejudice neanmoins des navires, ainii que des marchan- difes qui en vertu du traite doivent etre cenfees libies. II ne fera pas permis de rctenir ces* marchandifes fous pretexte qu'elles ont ete entachees par les marchandifes de contrebande et bien moins encore de les confifquer comme des prifes legales. Dans le cas ou une partie foulement et noii la totalite du chargement confiileroit en marchandifes de contrebande, et que le commandant du vaiffeau confente a les deliyrer au corfaire qui les aura decouvertes,, alorsv le capitaine qui aura fait la prife, apres avoir re9u ces marchandifes, doit incontinent relacher le navire et ne doit Pempecher en aucune maniere de continuer fon voyage. Mais dans le cas ou les marchandifes de contrebande ne pourroient pas- etre toutes chargees fur le vaiffeau capteur, alors le capitaine du dit vaif- feau fera le maitre, malgre l'offre de remettre la contrebande, de conduire le patron dans le plus prochain port, conformernent ace qui eft prefcrit plus haut.

ARTICLE XIV. On eft convenu au contraire que tout ee qui fe trouvera charge par les fujets refpectifs fur des navires appartenants aux ennemis de 1'autre partie ou a leurs fujets fera connTque fans diflinclion des marchandifes prohibees ou non prohibees, ainfi et de meme que fi elles appartenoient a Pennemi, a l'exception toute fois, des eflets et marchandifes qui auront ete mis a bord des dits navires avant la declaration de guerre, ou meme apres la dite declaration, fi au moment du chargement on a pii l'igno- rer, de maniere que les marchandifes des fujets

[ 430 J'

and people of either party, whether they be of the nature of fuch as are prohibited or other- wife, which as is aforefaid, were put on board any ihip belonging to an enemy before the war or after the declaration of the fame, without the knowledge of it, mail no ways be liable to connfeation, but mall well and true'ly be refto- red without delay to the proprietors demand- ing the fame ; but fo as that if the faid mer- chandizes be contraband it mail not be spy ways lawful to carry them afterwards to any ports belonging to the enemy. The two con- tracting parties agree, that the term of two months being parted after the declaration of war, their refpe&ive fubje&s, from whatever part of the world tjiey come, fhall not plead the ignorance mentioned in this article.

ARTICLE XV.

And that more effectual care may be taken for the fecurity of the fubjects and inhabitants of both parties, that they fuffer no injury by the men of war or privateers of the other party, all the commanders of the fhips of his Molt Chriftian Majefty and of the faid United States, niflied and anc] an their fubjecls and inhabitants, fhall be forbid doing any injury or damage to the other fide ; and if they adt to the contrary they fhall be punifhed, and fhall moreover be bound to make fatisfa&ion for all matter of damage, and the intereft thereof, by reparation, under the pain and obligation of their perfon and goods.

ARTICLE XVI.

All fhips and merchandizes of what nature foever, which fhall be refcued out of the hands of any pirates or robbers on the high feas, lhafl

make repa' ration to

[ 4Gi ]

des deux parties, f©it qu'ellos fe trouverit dii nombre de celles de contrefoande ou autre- ment, les quelles comme il went d'etre ditj auront ete mifes a bord d'un vaiffeau apparte- nant a rennemi, avant la guerre ou merne apres la dite declaration, l'orfqu'on Pignoroit, ne feront en aucune maniere, fujetes a. confifca- tion, mais feront ndelement et de bonne foi rendues fans delai a leiirs prcprietaires, qui les reclameront; bien entendu neanmoins qu'il ne foit pas permis de porter dans les ports ennernis les marchandifes qui feront de contre- bande. Les deux parties contra&antes con- viennent que le terme de deux mois, paries de- puis la declaration de guerre, leurs fujets re- fpeftifs, de quelque partie du monde qu'ils viennent ne pourfont plus alleguer l'ignorance dont il eft queftion dans le prefent article*

ARTICLE XV.

Et afln de pourvoir plus efficacement a 1st furete des fujets des deux parties coirtractantes, pour qu'il ne leur foit fait aucun prejudice par les vaiifeaux de guerre de l'autre partie ou par des armateurs particuliers, il fera fait defenfe a tous capitaines des vaiifeaux de fa Majefte tres Chretienne et des dits Etats Unis, et a. toiis leurs fujets de faire aucun dommage ou infulte a ceux de 1* autre partie, et au cas ou ils y eontreviendroient, ils en feront punis ; et^ de plus, ils feront tenus et obliges en leurs per- fonnes et en leurs biens de reparer tous le? dommages et interets,

ARTICLE 1VL

Tous vaiffeaux et marchandifes de quelque nature que ce puifte etre, lors qu'ils auront et& enleves des mains de quelquee pirates en pleine

Vol. h "E 3

[ 402 ]

aii frips & be brought into fome port of cither Mate, and fhall he delivered to the cuflody of the officers

11 U IX

ed'oiiM?'' 0iC that 'port, in order to Be re'fto'red entire to the hands the true proprietor, as foon as due and fuffici- tobe"refio- ent proof fhall be made concerning the pro- red, perty thereof-

^rticle xvii.

It fhall be lawful for the fhips of war of ei- be'ca'rkd7 *ner Part7? afi^privateers, freely to carry whi- intb the therfoever they pleafe, the fhips and goods ta- fw! °!ff:" ken from their enemies, without being obliged

ititi party. ? o _ o

to pay any duty to the officers of the admiralty or any other judges ; nor mall fuch prizes be arrefled or fjdzed when they come-to and en- ter the porfi of either party ; nor fhall the fearchers ort other officers of thofe places fearch theiame, or make examination concern- ing the lawjfulnefs of fuch prizes ; but they may hoift fiil at any time, and depart and car- ry their prices to the places expreffed in their commiffioixi, which the commanders of fuch ,T . , fhips of war fhall be obliged to {hew: on the

.No {he iter * <-)

fhall be Contrary, no fhelter or refuge mail be given )e in their parts to fuch as {hall have made prize

p

arizes from of the fubjects, people or property of either ither par- Q£ tjl£ pa3ttjes . \yUt jf fa^ fjiav} COnle in, being

forced by ftrefs of weather, or the danger of the fea, Ml proper means fhall be vigoroufly x ufed, that they go out and retire from thence as foon as poilible.

ARTICLE XVIII.

in cafe of If any fhip belonging to either of the par-

feifeTTcfbe **es> ^^ People or fubjecls, fhall within the

aiFcrded. coafls or dominions of the other, flick upon

the fands, or be wrecked, or fuffer any other

damage, all friendly affiflance and relief {hall

be given to the perfons fliipwrecked, or fuch as

C 403 4 1

mer, ferrnt amends dans qnelqus port deTun, des deux Etats, et feront rernis a la garde des officiers du dit port afin d'etre rendu s, en en- tier, a leur veritable proprietaire, au'etot qu'il aura duement et fuflifament fait cornier de fa propriety.

ARTICLE XVII.

I.es yaifTeaux de guerre de fa Majefle tres Chretienne et ceux des Etats Unis, de nieme que ceux que leurs fujets auront armes en guerre^ pourront, en toute liberie, conduire ou ban leur femblera lee prifes qu'ils auront faites fur leurs ennemis, fans etre obliges a aucuns droits, foit des fieurs amiraux ou de 1'amiraute ou d'aucuns autres, fans qu'aufu les dits vaifTeaux ou les dites prifes, entrant dans les havres ou ports de fa Majefle tres Chretienne ou des dits Etats Unis, puifTent etre arretes ou faifis, ni que les officiers des lieux puiffent prendre con- noiffan.ee de la validite des dites prifes, les quel- les pourront fortir et etre conduites franche- ment et en toute libcrte, aux lieux portes par les cornmimons dont les capitaines des dits vaiileaux feront obliges de faire apparoir. Et au contraire, ne fera donne afile ni retraite dans leurs ports ou havres a ceux qui auront fait des prifes fur les fujets de fa Majefle ou des dits Etats Unis ; et s'ils font forces d'y entrer par tempete ou peril de la mer, on les fera fortir le plutot qu'il fera poffible.

ARTICLE XVIII.

Dans le cas ou un vaiffeau appar tenant a Tun des deux Etats ou a leurs fujets, aura echoue, fait naufrage ou fouffert quelqu' autre dom- mage fur les cotes ou foUs la domination de 1'une des deux parties, il fera donne toute aide et affiftance amiable aux perfonnes nau-

C 4*4 ]

mittcdtq depart

ihall be in danger thereof. And letters of fafe conduct ihall likewife be given to them for their free and quiet paftage from thence and the return of every one to his own country.

ARTICLE XIX.

In cafe the fubjects and inhabitants of either

nib* Arcfs Par£y» w*tn tne*r dipping, whether public and of weather, of war, or private and of merchants, be forced fcdtntQ01' though ftrefs of weather, purfuit of pirates, pons, &c. or enemies, or any other urgent necemty for they fbaii feekjnor of fhelter and harbor, to retreat and

be protec- p r .

ted and per, enter into any of the rivers, bays, roads or ports belonging to the other party, they lhall be received and treated with all humanity and kindnefs, and enjoy all friendly protection and help ; and they (hall be permitted to refrefh and provide themfelves, at reafonable rates, with victuals and all things needful for the fuftenance of their perfons, or reparation of their mips, and conveniency of their voyage ; and they mall no ways be detained or hinder- ed from returning out of the faid ports or roads, but may remove and depart when and whither they pleafe, without any let or hin- drance.

ARTICLE XX.

For the better promoting of commerce on both fides, it is agreed, that if a war ihall break out between the faid two nations, fix months after the proclamation of war, ihall be allowed to the merchants in the cities and towns where they live for felling and transporting their goods and merchandizes ; and if any thing be taken from them, or any injury be done them within that term by either party, or the peo- ple or fubjefts of either, full fatisfaction mall J3e made for the fame..

In cafe, of \var, fix months iliall be al- lowed to ci- tizens of each party refiding in the other's dominion to fell and remove then-effects.

C 405 ]

fragees ou qui fe trouvent en danger, et il leur fera accorde des fauf conduits pour affurer leur paffagc et leur retour dans leur patrie.

ARTICLE XIX. Lorfque les fujets et habirans de Tune des deux parties avec leurs vaiffeaux (bit publics et de guerre, foit particuliers et marchands, feront forces par une tempete, par la pourtuite des pirates et des ennemis, ou par quelqu' autre necefHte urgente, de chercher refuge et un abri, de fe retirer et entrer dans quelqu' une des rivieres, bayes, rades ou ports de Tune des deux parties, ils feront re^us et traites avec humanite, et jouiront de toute amitie, protec- tion et ailiftance, et il leur fera permis de fe pourvoir de raffraichiffemens, de vivres, et de toutes chofes neceffaires pour leur fubfiftance, pour la reparation de leurs vaiffeaux, et pour continuer leur voi'age ; le tout moiennaiit un prix raifonable, et ils ne feront retenus en au- cune maniere, ni empeches de fortir des dits ports ou rades, mais pourront fe retirer et par- tir quand, et comme il leur plaira, fans aucun pbftacle ni empechement.

ARTICLE XX. Afin de promouvoir d'autant mieux le com- merce de deux cotes, il eft convenu que dans le cas ou la guerre furviendroit entre les deux nations fufdites, il fera accorde fix mois, apres la declaration de guerre, aux marchands dans les villes et cites qu'ils habitent, pour raffem- bler et tranfporter les marchandifes : et s'il en eft enleve quelque chofe ou s'il leur a ete fait quelqu' injure durant le terme prefcrit cideffus^ par 1'une des deux parties, leurs peuples ox. fujets, il leur fera donne a cet egard pleine et entiere fatisfa&ion.

ivar, to adt as priva.

r 4f>i> ]

ARTICLE XXI.

No fubjecls of the Moll ChrifTian Xmg fliall S;th?par- aPPty ^JY or ta'ce an)r commiffion, or letter.; of tyiTiaiHake marque, for arming any Iliip or mips to act as fionsor'iet- privateers againfl the faicl United States, or tcrs of any of them, or againfl thefuhjccis, people or frcn^any inhabitants of the faid United States, oi

pr . of them, or agairail the property of any of the v bom the inhabitants of any of them, from any Punce ether is at or State with which the faid United States mall be at war ; nor mall any citizen, fbbjecl, or inhabitant of the faid United States, or ; of them, apply for or take any commiffion or letters of marque for arming any ihip or mips, to act as privateers againft the fubjecls of the Moll Chriilian King, or any of them, or the property of any of them, from any Prince or State with which the faid King mail be at war ; and it any perfon of either nation fhaJl take fuch commiffions or letters of marque,, he fhall be punilhed as a pirate.

ARTICLE XXII.

Fore^n fr &all not ^e lawful for any foreign pri,-

priviteers vatecrs, not belonging to fubjecls of the Moft tTbffitled Chridian King, nor citizens of the faid United out, or to States, who have commiffions from any other prL^Sthe Rr*£c£ or State m enmity with either nation, ports of ei- to ht their (hips in the ports of either the one sher party. of ^ &%^ Qf ^ ^forefaid parties, to fell

what they have taken, or in any other man- ner whatfoever to exchange their mips, mer- chandizes, or any other lading ; neither fhall they be allowed even to purchafe victuals, ex- cept fuch as fhall be neceffary for their going to the next port of that Prince or State from which they have commiffions.

C 407 ]

ARTICLE IXI.

Aucun fujet elu Roi tres Chretien ne pren- yl ra de commiilion ou de lettres de marque, pour armer quelque vaiffeau ou vaifTeaux a I'tfTet d'agir comme corfaires contre les dits Etats Unis ou quelques uns d'entr* eux, ou contre les fujets, peuples ou habitans d'iceux, ou contre leur propriete ou celle des habitans d'aucun d'entr' eux, de quelque prince que c-e foit avec lequel les dits Etats Unis feront en guerre. De merae aucun citoien, fujet, on habitant des fufdits Etats Unis et de quelqu' un d'entr' eux, ne demandera ni n'acceptera aucune commiffion ou lettres de marque, pour armer quelque vaiffeau, ou vaifTeaux pour coune fus aux fujets de fa Majefle tres Chre- tienne, ou quelques uns d'entre eux ou leur ■propriete, de quelque prince ou etat que ce foit avec qui fa dite Majefte fe trouvera en guerre ; et fi quelqu' un de Tune ou de l'autre nation prenoit de pareiiles commiflions ou lettres de marque, ii fera puni comme pirate.

ARTICLE XXII.

II ne fera permis a aucun corf;.ire etranger non appartenant a quelque fujet de fa Majefte tres Chretienne ou a. un citoien des dits Etats Unis, lequel aura une commiffion de la part d'un prince ou d'une puiffance en guerre avec Tune des deux nations, d/ armer leurs vaifTeaux dans les ports de Tune des deux parties, ni d'y vendre les prifes qu'il aura fakes, ni decharger en autre maniere quelconque les vaifTeaux, mar- ch'andifes ou aucune partie de leur cargaifon j il nefera'meme pas permis d'acheter d'autres vivres que ceux qui lui feront necenaires pour fe rendre dans le poit le plus voiiin du prince ©u de l'etat dont il tient fa commifiicn. ■

C 463 ]

ARTICLE XXIIT. It (hall be lawful for all and fingular the* fc&erty fbr mDjeas of the Moft Chriftian Kins,'', and the tvto trade citizens, > people and inhabitants of the faid tio?aa w*r Ufiite'd States, to fail with their fhips with all with the o- manner of liberty and fecurity, no diftindion *a&er, being made, who are the proprietors of the merchandizes laden thereon, from any port to the places of thofe who now are or hereafter fhall be at enmity with the Moft Chr'ftiaA King, or the united States. It fhall like "*ife be lawful for the fubjecls and inhabitants afore* faid, to fail with the fhips and merchandizes aforementioned, and to trade with the fame" liberty and fecurity from the places, ports and havens of thofe who are enemies of both or ei- ther party, without any oppofitioA or diftur- bance whatsoever, n&t only dire&ly from the places of the enemy aforementioned to neutral places, "but alfo from one place belonging to an enemy, to another place belonging to an enemy, whether they be under the jurifdiclion of the fame Prince, or under fevefal. And i* Ftet 'fliT&s is hereby flipulated, that free mips fhall alfo maire free give a freedom to goods, and that every thing ceptip/*" fhall be deemed to be free and exempt which contr-vWd fiiaii De found on board the fhips belonging to the fubjecls of either of the confederates, al- though the whole lading, or any part thereof mould appertain to the enemies of either, con- traband goods being always excepted. It is al- fo agreed in like manner, that the fame liberty be extended to perfons who are on board a free fhip, with this erTecl:, that although they be enemies to both or either party, they are not to be taken out of that free fhip, unlefs they are foldiers and in actual fervice of the enemy.

C 409 3

ARTICLE XXIII. II fera permis a tolls et un chacun des fujets du Roi tres Chretien et atix citoiens, peuple et habitans des fufdits Etats Unis, de naviguer avec leurs batimens avec toute liberie' et furete, fans qu'il puiffe etre fait d'exception a^ cet egard, a raifdn, des proprietaires des marchan- difes chargees fur les dits batimens venant de quelque port que ce foit, et deftincs pour quel- que place d'une puhTance a&uellement eniie- liiie, ou qui pourra Petre dans la fuite de fa Majefte tres Chretienne ou des Etats Unis. II fera permis egalement aux fujets et habitans fus mentionnes de naviguer avec leurs vailfeaux et marchandifes et de frequenter avec la meme liberte et furete, les places, ports, et havres des puiffances ennemies des deux parties contrac- tantes ou d'une d'entre elles, fans opposition ni trouble, et de faire le commerce nori feulement dire&ement des ports de I'ennemi fufdit a un port neutre, mais auffi d'un port ennemi a. un autre port ennemi, foit qu'il fe trouve fous fa jurifdiciion ou fous celle de plufieurs ; et il eft ftipul - par le prefent traite que les batimens libres aifureront egalement la liberte des mar- chandifes, et qu'on jugera libres toutes les chofes qui fe trouveront abord des navires appar tenants aux fujets d'une des parties con- tra&antes, quand meme le chargement ou partie d'icelui appartiendroit aux ennemis de Tune des deux ; bien entendu neanmoins que la contrebande fera toujours exceptee. II eft xegalement convenu que cette meme liberte s'eU tendra aux perfonnes qui pourroient fe trou- ver abord du batiment libre, quand meme elles feroient ennemies de l'unedes deux parties con- traclantes, etelles nepourront etre enlevees des dits navires, a moins qu'elles ne foient militaires et acluelleinent au fervice de I'exinenii. Vol. I. F %

[ 4io ]

ARTICLE XXIV,

This liberty of navigation and commerce what goods f]ian extend to all kinds of merchandizes, ex/.

iliail lie -

dcemtd cepting thofe only which are diftinguilhed by contraband, the name of contraband, and under this name of contraband or prohibited goods, mail be comprehended arms, great guns, bombs with the fufees, and other things belonging to them, cannon ball, gunpowder, match, pikes, fwords, lances, fpears, halberds, mortars, petards, gra- nades, faltpetre, mufkets, muiket ball, buck- lers, helmets, bread plates, coats of mail, and the like kinds of arms, proper for arming fol- diers, muflket reds, belts, horfes with their furniture, and all other warlike inftruments whatever. Thefe merchandizes which follow 111 all not be reckoned among contraband or prohibited goods ; that is to fay, all forts of cloths, and all other manufactures woven of any wool, flax, filk, cotton, or any other ma- terials whatever, all kinds of wearing apparel, together with thefpecies whereof they are ufed to be made, gold and filver, as well coined as uncoined, tin, iron, latten, copper, brafs, coals ; as alfo wheat and barley, and any other kind of corn and pulfe ; tobacco, and likewife all manner of fpices ; falted and fmoked flefh, falted fifh, cheefe and butter, beer, oils, wines, fugars, and all forts of falts ; and in general all provifions which ferve for the nourifhment of mankind and the fuftenance of life ; fur- thermore, all kinds of cotton, hemp, flax, tar, pitch, ropes, cables, fails, fail cloths, anchors and any parts of anchors, alfo mips mails, planks, boards and beams of what trees foe- ver ; and all other things proper either for build- ing or repairing fhips, and all other goods what- ever which have not been worked into the

[ 4ii ]

ARTICLE XXIV.

Cette liberty de navigation et de commerce doit s'etendrc fur toutes fortes de marchandi- fes, a l'exception feulement de celles qui font defignees fous le nom de contrebande : Sous ce nom de contrebande ou de marchandifes prohibees, doivent etre compris les armes, ca- nons, bombes avec leurs fufees et autres chofes y relatives, boulets, poudre a tiref, meches, piques, epees, lances, dards, hallebardes, liior- tiers, petards, grenades, falpetrc, fufils, balles, boucliers, caiques, cuiraffes, cote de mailles, et autres armes de cette efpece, propres a ar- mer les foldats, porte-moufqueton, baudriers, chevaux avec leurs e'quipages, et tous autres inftrumens de guerre quelconqiles. Les mar- chandifes denommees ci-apres ne feront pas comprifes parmi la contrebande ou chofes pro- hibees, favoir : toutes fortes de draps et toutes autres etoffes de laine, lin, foye, coton ou d' au- tres matieres quelconques ; toutes fortes de vetemens avec les etoffes dont on a cou'tume de les faire, Tor et 1'argent monnoie ou non, Petain, le fer, laiton, cuivre, airain, charbons, de meme que le froment et I'orge, et toute autre forte de bleds et legumes ; le tabac et toutes les fortes d'epiceries, la viande falee et fumee, poiifon faie, fremage et beurre, bierre, [miles, vins, fucres, et toute efpece de M, et en general toutes provifions fervant pour la nour- riture de 1'homme et pour le foutien de la vie. Be plus, toutes fortes de coton, de chanvre, lin, goudron, poix, cordes, cables, voiles, toiies a voiles, ancres, parties d'ancres, mats, planches, madriers, et bois de toute efpece, et toutes autres chofes propres a la conftruction et reparation des vailfeaux, et autres matieres quelconques qui n'ont pas la forme d'un in-

[ 4** ]

form of any inftruraent or thing prepared for war by land or by fea, {hall not be reputed contraband, much lefs fuch as have been al- ready wrought and made up for any other ufe : all which mall be wholly reckoned among free goods ; as likewife all other mer- chandizes and things which are not compre- hended and particularly mentioned in the foregoing enumeration of contraband goods ; fo that they may be tranfported and carried in the freeft manner by the fubjecls of both confederates, even to places belonging to an enemy, fuch towns or places being only ex- cepted, as are at that time befieged, blocked up or mvefted.

ARTICLE XXV.

To the end that all manner of dirfentions

and quarrels may be avoided and prevented,

vsfSsTc'be on one ft^e an(* tne other, it is agreed, that in

furnifhed cafe either of the parties hereto mould be en-

S!ot pS gaged in war, the mips and veifels belonging

ports and to the fubjecls or people of the other all y , mufl

certi c ^e flirnjjLj.^ecj wjth fea ietters or paifports, ex-

prefiing the name, property and bulk of the

fhip, as alfo the name and place of habitation

of the mailer or commander of the faid fhip,

that it may appear thereby that the fhip really

and truly belongs to the fubjecls of one of tjle

parties, which paffport ihall be made out and

granted according to the form annexed to this

treaty ; they mall likewife be recalled every

year, that is if the fhip happens to return home

within the fpace of a year. It is likewife agreed,

that fuch ihips being laden are to be provided

not only with paffports as above-mentioned,

but alfo with certificates, containing the feve-

:ral particulars of the cargo, the place whence

C 413 3

ftrument prepare pour la guerre parterre comme par mer, ne feront pas rcputees con- trebande, e| encore moins celles qui font deja prepartes pour quelqu' autre ufage : Toutes les chofes denomme'es ci-deiTus, doivent etre comprifes parmi les marchandifes fibres, de meme que toutes les autres marchandifes et eifets qui ne font pas compris et particuliere- ment nomine s dans Enumeration des mar- chandifes de contrebande ; de maniere qu'elles pourront etre tranfportees et cond'uites de la maniere la plus libre, par les fujets des deux parties contractantes, dans des places ennemies, a Exception neanraoms de celles qui fetrou- veroient actuellement affiegees, bloqUees ou invefties.

ARTICLE XXV.

Afm d'e'carter et ae prevenir de part et d'autre toutes difcuffibiis et querelles, il a ete convenu que dans le cas 011 1'une des deux parties fe trouveroit engagee clans une guerre, les vaifleaux et batimens appartenans aux fu- jets ou peuple de Paiitre allie, dcvront etre pourvus de lettres de mer ou paiTeports, les quels exprimeront le nom, la propricte' et le port du navire, ainfi que le nom et la dsr&eujie du ma'itre ou commandant du dit vaiiTeau, ami qu'il apparoiiTe par la que le meme vaiiieau appartient r.'.ellement et vcritablement aux fu- jets de Tune des deux parties c.ontrac-tantes ; lequel paffeport devra etre expedie felon lc modele annexe au prefent traite. Ces paiTe- ports devront egalement etre renouvelles clia- que annee, dans le cas ou ie vaiffeau retourne chez lui dans 1'efpace d'.uae annee. II a etc convenu egalement que les vaiffeaux fufmen- tionnes, dans le cas ou ils feroieiit charges, devront etre pourvus 11011 feuleme-nt de paflfe-

C 414 3

the '{hip failed, and whither me is bound, that fo it may be known whether any forbidden or contraband goods be on board the fame; which certificates mall be made out by the of- ficers of the place whence the fhip fet fail, in the accuftomed form ; and if any one fhall think it fit or advifable to exprefs in the faid certi- ficates, the perfon to whom the goods on board belong, he may freely do fo.

ARTICLE XXVI.

Vefiel* r^^le ft^Ps °^ $4 fubjects and inhabitants of

coming on either of the parties, coming upon any coafts catering °f belonging to either of the faid allies, but ,not the ports of willing to enter into port, or being entered in- ty howPto" t0 Port and not willing to unload their cargoes i»e treated, or break bulk, they (hall be treated according to the general rules prescribed or to be prescri- bed, relative to the object in queftion.

ARTICLE XXVII.

If the mips of the faid fubjecls, people or i«- Bowvegs habitants of either of the parties mall be met

are to [>e -t r r

treated with, either failing along the coaits or on the

by ftipof mgh feas5 bY anY flliP oi war of the other> or war or pri- by any privateers, the faid (hips of war or pri- ^teers. vateei'S, for the avoiding of any diforder, mall remain out of cannon mot, and may fend their boats aboard the merchant fhip which they fhall fo meet with, and may enter her to num- ber of two or three men, only, to whom the mailer or commander of fuch Hup or veffel fhall exhibit his paffport concerning the pro- perty of the fhip, made out according to the form inferted in this prefent treaty, and the fhip when fhe feall have ihewed fuch paffport, ihail be free and at liberty to purfue her

[ 415 ]

ports, mais auffi de certificats, coritenant le de- tail de la cargaifon, le lieu d'ou le vaiffeau eft parti, et la declaration des marchandifes de contrebande qui pourroient fe trouver abord ; lesquels certificats devront etre expedies dans la forme accoutumee par les officiers du lieu d'ou le vaiffeau aura fait voile : et s'il etoit juge utile ou prudent d'exprimer dans les dits paffeports, la perfonne a laquelle les marchandi- fes appartiennent, on pourra le faire librement. ARTICLE XXVI.

Dans le cas ou les vaiffeaux des fujets et ha- bitans de l'une des deux parties contraclantes approcheroient des cotes de l*autre,fans cepen- dant avoir le deffein d'entrer dans le port, ou apres etre entres, fans avoir le deffein de de- charger la cargaifon, ou rompre leur charge, on fe conduira a leur eVard fuivant les regie- mens generaux prefcrits ou a prefcrire relative- ment a l'objet dont il eft quellion. ARTICLE XXVII.

Lorfqu'unbatimentappartenant aux dits fu- jets, peuple et habitans de Tune des deux par- ties, fera rencontre navigant le long des cotes ou en pleine mer, par un vaiffeau de guerre de I* autre, ou par un aimateur, le dit vaiifeau de guerre, ou armateur, arm d'eviter tout de- fordre, fe tiendra hors de la portee du canon, et pourra envo'ier fa chaloupe abord du bati- ment marchand, et y faire entrer deux ou trois homines, aux quels le rnaitre ou commandant du batiment montrera fon paffeport, le quel devra etre conforme a la formule annexee au prefent traite, et conflatera la propriete du batiment : et apres que le dit batiment aura exhibe un pareil paffeport, il lui fera libre de continuer fon vo'iage, et il ne fera pas permis

[ 4i6 ]

Voyage, fo as it mall not be lawful to moleft or

fearch her in any manner, or to give her

chace or force her to quit her intended courfe.

ARTICLE XXVIII.

No fearch It is alfo agreed, that all goods when once after goods pUt on koarc[ tile fhips or veffels of either of

are put on i *■ . n p , . _

board Aips the two contracting parties, ihaii be iubject to er vcffds, no farther vifitation ; but all vifitation or

i:nJe

ft in

cafe of fearch fliall be made beforehand, and all pro- fraud, hibited goods mall be (topped on the fpot, be- fore the fame be put on board, unlefs there are manifelt tokens or proofs of fraudulent practice ; nor fhail either the perfons or goods of the fubjecls of his Moil Chriftian Majefty or the United States, be put under any arrefl of molefted by any other kind of embargo for that caufe ; and only the fubjecl of that ftate to whom the laid goods have been or fhall be prohibited, and who fhall prefume to fell or alienate fuch fort of goods, fliall be duly punifhed for the offence.

ARTICLE XXIX.

©enrols The two contracting parties grant mutually

fiWed k the liberty of having each in the ports of the the .pom of other, confuls, vice-confuls, agents and com- «<* party. miffarieS5 whofe funai0ns fhall be regulated

by a particular agreement.

ARTICLE XXX. And the more to favor and facilitate the Free ports, commerce which the fubjects of the United States may have with France, the Moll Chrif- tian King will grant them in Europe one or more free ports, where they may bring and difpofe of all the produce and merchandize of the thirteen United States ; and his Majef-

r i 4i7 ]

de le molefter, ni de chercher en aucune rila^ niere, de Iui donner la chafie, ou de le forcer de quitter la courfe qu'il s'etoit propofee.

ARTICLE XXVIII. II eft convenu que lorfque les marchandifes auront ete chargees fur les vaiffeaux ou bati- mens de Tune des deux parties contradtantes, elles ne pourront plus etre affujeties a aucune vifite 5 toute vifite et recherche devant etre faite avant le chargement, et les marchandifes prohibees devant etre arretees et failies fur la plage avant de pouvoir etre embarquees, a moins qu'on n'ait des indices manifeftes ou dcs preuves de verfements frauduleux. De meme aucun des fujets de fa Majefle tres Chre- tienne ou des Etats Unis, ni leurs marchan- difes, ne pourront etre arretes ni moleftes pour cette caufe, par aucune efpece d'embargo ; et les feuls fujets de 1'etat, auxquels les dits mar- chandifes auro nt ete prohibees, et qui fe feron emancipes a vendre et aiiener de pareilles marchandifes, feront duement punis pour cette contravention.

ARTICLE XXIX.

Les> deux parties contractantes fe font ac- corde mutuellement la faculte de tenir dans leurs ports refpe£tifs, des confuls, vice-confuls, agents et commiifaires,dont les fondtions feront reglees par une convention particuliere. ARTICLE XXX.

Pour d'autant plus favorifer et faciliter le commerce que les fujets des Etats Unis feront avec la France, le Roi tres Chretien leur ac- cordera en Europe un ou plufieurs ports Francs dans lefquels ils pourront amener et debiter toutes les denrees et marchandifes provenant des treize Etats Unis ; fa Majefle confervera,

Vol. I. G3

t 418 ]

ty will alfo continue to the fubjects of the faid flates, the free ports which have been and are open in the French iftands of America : of all which free ports the faid fubje&s of the United States mail enjoy the ufe, agreeable to the re- gulations which relate to them.

;> ARTICLE XXXI.

The prefent treaty fhall be ratified on both fides, and the ratifications fhall be exchanged in the fpace of fix months, or fooner if poffi- fele.

In faith whereof the refpective plenipotentia- ries have figned the above articles, both in the French and Englifh languages, declar- ing nevert'helefs, that the prefent treaty was originally compofed and concluded in the French language, and they have thereto affixed their feals.

Done at Paris, this fixth day of February, one thoufand feven hundred and feventy-eight..

G. A. GERARD, (l. s.)

B. FRANKLIN, (l. s.)

SILAS DEANE, (l. s.)

ARTHUR LEE, (l. s.)

t 419 3

d'un autre cote, aux fujets des dits Etats, les ports Francs qui ont ete, et font ouverts dans les ifles Francoifes de rAmerique. De tous les quels ports Francs les dits fujets des Etats Unis jouiront conformement aux reglemens qui en de'terminent l'ufage.

ARTICLE XXXI.

Le prefent traite fera ratifie de part et d'au- tre, et les ratifications feront echangees dans 1'efpace de fix mois ou pluftot fi faire fe peut.

En foi de quoi les Plenipotentiaires refpe&ifs ontfigne les articles ci-deffus, tant en langue Francoife qu'en langue Angloife, declarant neanmoins que le prefent traite a ete origi- nairement redige et arrete en langue Fran- coife ; et ils y ont appofe le cachet de leurs armes.

Fait a Paris, le fixieme jour du mois de Fevrier* mil fept cent foixante dix-huit.

C. A. GERARD, (l s.)

B. FRANKLIN, (l. s.)

SILAS DEANE, (l. s.)

ARTHUR LEE, (l. s.)

ORIGINAL.

TREATY

Of Amity and Commerce between their High Mightineffes the States General of the Uni- ted Netherlands, and the United States of America, to wit : Netv-Hampfhire, MaJJa- chufetts, Rhode-lfland and Providence Plan- tations, Connecticut, New-Tork, New-jferfey, Pennfylvania, Delaware, Maryland, Virgi- nia, North-Carolina, South-Carolina, and Georgia.

THEIR High Mightineffes the States Ge- neral of the United Netherlands, and the United States of America ; to wit : New- Hampfhire, Maflachufetts, Rhode-lfland and Providence Plantations, Connecticut, New- York, New-Jerfey, Pennfylvania, Delaware, ; Maryland, Virginia, North- Carolina, South- Carolina, and Georgia, defiring to afcertain in a permanent and equitable manner, the rules to be obferved relative to the commerce and correfpondence, which they intend to ef- tablifh between their refpecnve Hates, coun- tries and inhabitants, have judged that the faid end cannot be better obtained, than by eftablifbing the moil perfect equality and reci- procity for the bafis of their agreement, and by avoiding all thofe burthenfome preferences, which are ufually the fources of debate, em- barraflment and difcontent ; by leaving alfo each party at liberty to make, reflecting com- merce and navigation, fuch ulterior regula- tions as it mall find mod: convenient to itfelf ; and by founding the advantages of commerce folely upon reciprocal utility, and the in It rules

ORIGINEEL.

TRACTAAT

Van Vriendfchap en Commercie, tujfchen Haar Hoog Mogende de Staten Generaal der Vereenigde Nederlanden, en de Vereenigde Staten van America, te weeten, New-Hamp- Jhire, Maffachufetts, Rhode-IJland en Provi- dence Plantations, Gonneclicut, New-Tork, Neiv-yerfey, Pennsylvania, ■ Delaware, Ma- ryland, Virginien, Noord-Carolina, Zityd-Ca* rolina, en Georgia.

"AAR Hoog Mogende de Staten Gene- raal der Vereenigde Nederlanden en 4e Vereenigde Staten van America 5 te weeten : New-Hampfliire, Maffachufetts, Rhode-Iiland en Providence Plantations,, Connecticut, New- York, New-Jerfey, Penfylvania, Delaware, Maryland, Virginien, Noord-Carolina, Zuyd- Carolina, en Georgien, geneegen zynde op een beftendige en billyke wyze te bepalen de regelen, die in acht genomen moeten worden, ten opzigte van de correfpondentie en com- mercie, welke zy verlangen vaft te ftellen tuf- fchen haare refpeftive landen Staten, onder- danen en ingezeetenen, he.bben geoordeelt, dat het gezegde eynde niet beeter kan worden bereykt, dan door te ftellen tot een bazis van haar verdrag, /de volmaekjte egaliteit en reci- prociteit, en met vermyding van alle die laftige praeferentien, dewelke doorgaans de bronaders zyn van twift, verwarring en mifnoegen ; door aan iedere party de vryheid te laaten, om wee- gens de commercie en navigatie, verder zulke reglementen te maken, als die voor zig zelven het gevoege]ykil zal oordeelen ; en door de

C 422 J

©f free intercourfe, referving withal to each party the liberty of admitting at its pleafure other nations to a participation of the lame ad- vantages.

On thefe principles their faid High Mighti- neffes the States General of the United Ne- therlands, have named for their plenipotentia- ries, from the midfl of their affemblyjMemeurs, their deputies for the foreign affairs1 ; and the faid United States of America, on their part, have furnifhed with full powers, Mr. John Adams, late commimoner of the United States of America at the court of Verfailles, hereto- fore delegate in Congrefs from the ftate of MafTachufetts-Bay, and chief juftice of the faid ilate, who have agreed and concluded as follows, to wit :

ARTICLE I. There mail be a firm, inviolable and univef- ji2ndfli?p fel peace and fmcere friendfhip, between their between the High MightmefTes, the Lords the States Gene- tmmaum*. rd of the United Netherlands, and the Uni- ted States of America, and between the fub- je&sand inhabitants of the faid parties, and between the countries, iflands, cities andplaces, Ctuate under the jurisdiction of the faid Uni- ted Netherlands, and the faid United States of America, their fubjecls and inhabitants, of every degree, without exception of perfons or places.

ARTICLE II.

The fubje&s of the faid States General of the United Netherlands;, fhall pay in the ports,

C 423 3

voordeelen van commercie, eeniglyk to gron- den op weederzyds nut, en de juyfte regels van vrye handel over en weer ; referveerende by dat alles aan iedere par thy de vryheid, om, na des zelfs goedvinden andere natien te ad- mitteeren tot het participeeren aan dezelfde voordeelen.

Op deeze grondbeginzelen hebbcn voorge- -melde Haar Hoog Mogende de Staten Gene- ;raal der Vereenigde Nederlanden, tot hunne lPlenipotentiarifien, uit het midden hunner ver- gadering benoemd, de Heeren Derfelver ge- deputeerden tot de buytenlandfche Zaaken ; lEn de gemelde Vereenigde Staten van Ameri- cca van hunne zyde, met volmagt voorfien den IHeer John Adams, laatft commiuaris van de ^Vereenigde Staten van America, aan het Hof wan Verfailles geweezen afgevaardigde op het (Congres weegens de ftaten van Maffachufetts- Baay, en opper-regter van den gemelden ftaat, I'iewelke zyn overeengekomen, engeaccordeert: ARTICLE I. Daar zal een vafte, onverbreekelyke en uni- rrerfeele vreede, en opregte vrienfchap. zyn, vuffchen Haar Hoog Mogende de Heeren Sta- en General der Vereenigde Nederlanden, en lie Vereenigde Staten van America, en de cn- lierdanen en ingezeetenen van de voornoem- jleparthyen, en tuffchen de landen, eilanden, ieeden en plaatzen, geleegen, onder de Jurif- .i&Ie van de gemelde Vereenigde Nederlan- den, en de gemelde Vereenigde Staten van America, en derfelver onderdanen en ingezee- raien van allerley Staat, fonder onder fcheid an perfoonen en plaatzen.

ARTICLE II.

De onderdanen van de gemelde Statfen Ge- ceraal der Vereenigde Nederlanden, zollen in

C 424 3

Unite? nL nayens» *°ads, countries, iflands, cities or theriands places, of the United States of America, or tlid'imepri any °f them, no other nor greater duties or viie>>es iu impods, of whatever nature or denomination autaa'f1 tney may ke> tnan thofe which the nations the the mod mod favoured, are or fhall be obliged to pay ; 1 na" and they fhall enjoy all the rights, liberties, pri- vileges, immunities, and exemptions in trade, navigation and commerce, which the faid na- tions do or mall enjoy, whether in paffing from one port to another, in the faid dates, or in .going from any of thofe ports to any fo- reign port of the world, or from any foreign port of the world to any of thofe ports.

tioa

toon

ARTICLE III.

©kizens of The fubje&s and inhabitants of the faid states, fhall United States of America, fhall pay in the have the p0rts, havens, roads, countries, iflands, cities leges FnTL or places of the faid United Netherlands, or united Ne- anY 0f them, no other nor greater duties or

theriands . ■> n r , ° ,■ , .

as the mod impolts or whatever nature or denomination favored na- ^gy may be? than thofe which the nations the mod favoured, are or fhall be obliged to pay: And they fhall enjoy all the rights, li- berties, privileges, immunities and exemptions in trade, navigation and commerce, which the faid nations do or mall enjoy, whether in paf- fing from one port to another in the faid dates, or from any one towards any one of thofe ports, from or to any foreign port of the world. And the United States of America, with their fubjects and inhabitants, mall leave to thofe of their High Mightinefies, the peaceable en- joyment ef their rights, in the countries,

t 425 3

He 1'avens, rheeden, landen, eilancten, ftedcjs. of plaatzen van de Vereenigde Staten van America, of eenige van dezelve, geen andere of grootere regten of impolitien van wat na- tuur, die 00k mogen zyn, of hoedanig dezelve 00k genoemt mogen werden, betaalen, dan die welke de meeir. gefavorifeerde natien, zyn of zullen worden verpligt aldaar te betaalen. En zy zullen genieten alle de regten, vryhee- den, privilegien, immuniteiten eii exemptien in handel, navigatie en commercie, het zy in het gaan van eene haven in de gemelde Staaten na eene andere, of gaande van eenige van deeze havens na eenige vreemde haven van de wereld, of van eenige vreemde haven van de wereld, na eenige van deeze havens, welke de gemelde natien reeds genieten of zullen genieten. ARTICLE IIL Infgelyks zullen de onderdanen en ingezee- tenen van de gemelde Vereenigde Staten van America, in de havens, rheeden, landen, eilan- den, fteeden of plaatfen van de gemelde Veree- nigde Nederlanden of eenige van dezelve, geen andere of grootere regten of impofitien, van wat natuur, die 00k mogen zyn of hoeda- nig dezelve 00k genoemt mogen worden, be- talen, dan die, welke de meeft gefavorifeerde natien, zyn of zullen worden verpligt aldaar te betalen. En zy zullen genieten alle de regten, vryheeden, privilegien, immuniteiten, en exemptien in handel, navigatie en com- mercie, het zy in het gaan van eene haven m de gemelde Staaten na eene andere, of gaande na en van dezelve, van en na eenige vreemde haven van de wereld, welke dc meeft gefavo- rifeerde natien reeds genieten of fallen geni- cten. En zullen de Vereenigde Staten vari America, benevens haare onderdanen en in- Vol. L H 3

C 4^ ]

iflands and feas, in the Eaft and Weft-Indies, without any hindrance or molestation.

ARTICLE IV.

There fhall be an entire and perfect liberty Liberty of 0f confeience allowed to the fubiecls and mha-

eonfeiencc, , • r i i 1 • r m«

&c. fecur- bitants or each party, and to their ramnies, cdtothe 2,nd no one fhall be molefted in regard to his cacn party worfliip, provided he fubmits as to the public "h l^e °<\~ demonilration of it, to the laws of the country : minions. There fhall be given moreover, liberty, when any fubjects or inhabitants of either party fhall die in the territory of the other, to bury them in the ufual burying places, or in decent and convenient grounds to be appointed for that purpofe, as eccafion fhall; require ; and the dead bodies of thofe who are buried, fhall not in any wife be molefted. And the two con- tracting parties fhall provide, each one in his jurifdiclion, that their refpeclive fubjects and inhabitants may henceforward obtain the re- quifite certificates in cafes of deaths, in which they mall be interefted.

ARTICLE V.

£oth par- Their High Mightineffes, the States Gene- tlS vS ral of the United Netherlands, and the Uni- of theo- ted States of America, fhall endeavour, by all domiiibn^ tne means m their power, to defend and pro- toreftore ' teel: all veffels and other effects, belonging to capmred,en tneir Objects and inhabitants refpectively, or and toco'n- to any of them, in their ports, roads, havens, SSST internal Teas, pffes, rivers, and as far as their

C 427 3

gezeetenen, aan die van Haar Hoog Mogcnde laten het geruft genot van haare regten, om- trent de landen, cilanden en zeeen, in Oofl en Weft-Indien, fonder haar daar in eenig belet ©f hindernis te doen.

ARTICLE IV.

Er zal eene voile, volkomene en geheele vryheid van confcientie worden toegeftaen aan de onderdanen en ingezeetenen van iedere parthy, en aan derzelver familien, en zal nie- mand ter zake van den Godtfdienft worden gemolefteert, mits hem omtrent publique de- momlratie onderwerpende aan de wetten van het land. Daar en boven zal vryheyd worden gegeven aan de onderdanen en ingezeetenen van iedere parthye, die in des anderen's ter- ritoir overlyden, om begraven te worden in de gewoone begraafplaatzen of gevoeglyke en decente plaatzen, daar toe te-bepaalen, zoo als de geleegenheid zal vereyffchen, nogte zullen de doode lighaamen van die geene, die begra- ven zyn eenigfmts worden gemoleiteert. En zullen debeidecontracTieerendernogendheeden, ieder onder hun gebied, de nodige voorfieninge doen, ten eynde de refpective onderdanen en ingezeetenen van behoorlyke bewyzen van iterfgevallen, waar by dezelve zyn ge'interef- feert voortaan zullen kunnen worden gedient. ARTICLE V.

Haar Hoog Mogende, de Staten GeneraaJ der Vereenigde Nederlanden en de Vereenigde Staten van America, zullen tragten zoo veej eenigzints in haar vermogen is, te befchermen en defendeeren alle fcheepen en andere eifeclen toebehoorende aan wederz,dfche onderdanen en ingezeetenen, of eenige van dezelve, zyn- de in haare havens of rheen, binnenlandfehe

C 428 ]

jurisdiction extends at fca, and to recover, and caufe to be reflored to the true proprietors) their agents or attomies, all fuch venels and effects, which fliall be taken under their ju- risdiction: And their venels of war and con- voys, in cafes when they may have a common! enemy, mall take under their protection all the veffels belonging to the Subjects and inhabi- tants of either party, which fhall not be laden with contraband goods, according to the de- scription which fhall be made of them hereaf- ter, for places, with which one of the parties js in peace and the other at war, nor deftined for any place blocked, and which mall hold the fame courfe or follow the fame route ; and they Shall defend fuch veffels as long as they fhall hold the fame courfe or follow the fame route, againft all attacks, force and violence of the common enemy, in the fame manner as they ought to protect and defend the vef- fels belonging to their own refpective fubjects.

ARTICLE VI. The Subjects of the contracting parties may, on one fide and on the other, in the refpective; citizens of countries and flates, difpofe of their effects, Saydifpofe by teilament, donation, or otherwife; and their' 6c .ate by heirs, fubjects of one of the parties, and refid- thei-wife° mg *n tne country of the other, or elfewhere, fhall receive fuch Succeffions, even ab inte/iato, whether in perfon or by their attorney or fub- flitiite, even although they fhall not have ob- tained letters of naturalization, without hav- ing the effect of fuch commifiion contested, under pretext of any rights or prerogatives of any province, city, or private perfon *, and if

[ 42 9 ]

zeeen, ftroomen, rivieren, en zoo verre haarQ juriMiclie zeewaards ftrekt, en wederom te be- komen, ente doen reltitueeren aan de regte eigenaerg, hunne agenten of gevolmagtigden, alle zodanige fcheepen, en eiFe'&en die, onder haare jurifdiclie, zullen genomen worden : en "haare convoyeerende oorlog fcheepen zullen, yoor zoo verre zy eenen gemeenen vyand mo- gen hefeben, onder haare prote&ie neemen alle fcheepen toebehoorende aan elkanders on- derdaiicii en ingezetenen, dewelke geene con* trabandc goedjien, volgens de beichryving, hier na daar van te doen, sullen hebben in- sfelaaden naar plaatxen, waar meede de eene parthy in vreede, en de andere m oorlog is, en na geen geblocqueerde plaats gedeftineert zyn, en zullen houden dezelve cours, of gaan dezelve weg, en zullen zodanige fcheepen de* fendeeren, zoo lang als zy dezelve cours hour- den, of defelve weg gaan, teegens alle aanval- len, magt en geweld van den gemeenen vyancl op dezelve wys als zy zouden moeten befcher- men en defendeeren de fcheepen toebehooren- 4q aan weederfyds eigen onderdaanen.

ARTICLE VI.

De onderdanen der contra&eerende par- thyen, zullen over en weeder in weederfydiche landen en ftaten van hunne goederen by tefla- menten donatien, of anderfints mogen difpo- neeren ; en hunne erfgenamen, zynde onder- danen van een der parthyen in de landen van- de andere, of wel elders woonagtig, zullen dezelve nalatenfchapen ontfangen, felfs ab in- tejiato, het zy in perfoon, het zy by hun pro- cureur of gemagtigde, fchoon zy geen brieven van naturalifatie zouden mogen hebben geob* tineert, zonder dat het eff e£t van die commifTie, hun zal kunnen worden betwift, onder prse-

[ 43° ]

the heirs, to whom fuch fucceflions may have fallen, fhal] be minors, the tutors or curators, Regulations eilablilhed by the judge domiciliary of the faid Siefamc'.1^ minors, may govern, direct, adminifter, fell and alienate the effects fallen to the faid mi- nors by inheritance, and in general, in rela- tion to the faid fucceflions and effects, ufe all the rights, and fulfil all the functions which belong, by the difpofition of the laws,, to guar- dians, tutors and curators : Provided never- thelefs, that this difpofition cannot take place, but in cafes where the teflator fliall not have named guardians, tutors, curators, by tefta- ment, codicil, or other legal inftrument,

ARTICLE VII.

SiiulC^S of

each party It fhall be lawful and free for the fubjecls m?y tm*i of each party, to employ fuch advocates, at- advocates, tormes, notaries, iohcitors, or ractors, as tney fJnkp;? ^11 judge proper.

pzr. ARTICLE VIII.

Merchants, mailers and owners of mips, mariners, men of all kinds, fhips and veffels, nofto'bt0' aRd a^ merchandizes and goods in general, detained, and efTVcts of one of the confederates, or of the fubjects thereof, mall not be feized, or de- tained in any of the countries, lands, iflands, cities, places, ports, mores, or dominions whatsoever of the other confederate, for any military expedition, public or private ufe of any one, by arrefts, violence, or any colour thereof; much lefs fhall it be permitted to the fubje&s of either party, to take or extort by

[ 43< ]

text van eenige regten, of voor-regten van eenige provincie, flad of particulier perzoon : enibo de erfgenamen, aan welke-de erfFenilfen mogten vervallcn zyn, minder jarig waren, zullen de voogden of curateurs by den domi- ciliairen regter der genoemde minderjarigen aangenftelt, kunnen regeeren, beftieren, ad- miniftreeren, verkoopen en veralieneeren de goederen, welke de gemelde minderjarigen by erfTemffen zulten zyn te beurt gevallen ; en generalyk met opfigttot de voorfchreeve fuc- ceffien en goederen, waarneemen alle regten en fun&ien, die aan voogden en curateurs na difpofitie der wetten competeeren, behoudens nogtans dat deeze difpofitie geen plaats zal kunnen hebben, dan ingevalle als wanneer de teftateur, by teftament, codicille, of ander wet- tig inftrumeut, geene-voogden of curateurs fal hebben genomineert.

ARTICLp VII.

Het zal wettig en vry zyn aan de onderda- nen van iedere parthye, zodanige advocaten, procureurs, notariffen, folliciteurs of facloors- te employ eeren, als zy zullen goedvinden.

ARTICLE VIII.

Kooplieden, fchippers, eygenaers, bootfge- zellen, lieden van alderhande foort, fcheepen en vaartuigen, en alle koopmanfchappen en goederen in het generaal, en effeclen van een derbondgenooten,ofvanderfelvercnderdanenr zullen niet mogen worden in beilag genomen of aangehouden in eenige der landen, gron- cFen, ei landen, fteeden, plaatfen, havens, ftranr den of dominien, hoegenaamt van den anderen bondgenoot, tot eenige militaire expeditie, publicq of privaat gebruik van iemand, door arreft, geweld of eenigfints daar na gelykeader-

[ W* ]

/dree, ariy thing from the ftfbj'ecls of* the c party, v/ithout the confdhl of the owner 5 which, however, is not to be und-rflood of feizures, detentions and arrefes, which mall be made by the command and authority of juf- tiee, and by the ordinary methods, on ac- count of debts or crimes, in refpeft whereof,; the proceedings muff be by way of law, accor- ding to the forms of juftke.

ARTICLE IX.

It is furtrier agreed and concluded, that it privileges j|ia]j ^e w]10|jv fyee for aij merchants, com- et citizens r n ' i i •

intranfaa- manders of (hips, and other fubj eels and inha-< acfs.bufi" hitants of the contracting parties, in every place-, fdbjecl to the jurifdi&ion of the two powers refpeclively, to manage themfeives, their own bufihefs ; arid moreover as to the ufe of interpreters or brokers, as alfo in rela- tion to the loading or unloading of their vef- fels, and every thing which has relation there- to, they mall be, oh one fide and on the 'other, confidered and treated upon the footing of na- tural fubjects, or, at leaft, upon an equality with the molt favoured nation.

ARTICLE X.

The merchant mips, of either of the parties, fbips0, if re- coming from the port of an enemy, or from <£tnredfliaii their own, or a neutral port, may navigate ktters!&c" freely towards any port of an enemy of the if no con- other ally : they lhall be, neverthelefs, held, mods1 ftaii whenever it lhall be required, to exhibit, as fafs. Well upon the high-feas, as in the ports, their

fea-lettersj and other documents, defcribed in

t 433 I

veel-minder zal het gepermitteert zyn aan de onderdanen van iedere parthy iets te neemeri of door geweld te ontvreemden, van de onder- danen van de andere parthy fonder bewilliging van die perfoon, die het toebehoord : het geen egterniet te verftaan is van die aanhalin- gen, detentien, en arreften, welke zullen wor- den gedaan op bevel en authoriteit van de juf- tkie en volgens de ordinaire wegen, ten op- zigte van fchulden of mifdaden, waar omtrent de procedures moeten gefchieden, by weg& van regten, ingevolge de form van juftitie. ARTICLE IX.

Verders is overeengekomen en beflooten, dat het volkomen vry zal ft aan aan alle koop- lieden bevelhebbers van fcheepen en anderd onderdanen of ingezeetenen der beide con- tra&eerende mogendheeden in alle plaatfen, reipe&ivelyk gehoorende onder het gebied en de jurifdiclie der weederzydfche mogendhee- den hunne eige faaken, zelfs te verrigten ; zuilende defelve wyders, omtrent het gebruik van tolken of makelaars, mitfgaders met op- zigt tot het laaden, of ontladen hunner fcheep- en, en al het geen daar toe betrekkelyk is, over en weeder op den voet van eige onderdanen, ' of ten minften in-gelykheid met de meed ge- favorifeerde natie geconfidereert en gehandelt warden.

ARTICLE X.

De koopvaardy fcheepen van een ieder der parthy en, koomende foo wel van een vyan- delyke, als eige of neutrale haven, zullen vry mogen vaaren naa eenige haven van een vyand van den anderen bondgenoot ; dog verpligt zyn, foo dikwils het gevordert word, haare zeebrieven en verdere befcheiden in het vyf- ^ntwintigfle articul befchreeven, zoo wel op

Vol. I. I 3

t 434 1

the twenty-fifth article, ftating exprefsly tnat their effects are not of the number of thofe, which are prohibited, as contraband : and not having any contraband goods for an ene- my's port, they may freely and without hin- drance, purfue their voyage towards the port of an enemy. Neverthelefs, it mall not be re- quired to examine the papers of veffels con- voyed by veffels of war, but credence mail be given to the word of the officer, who fhall con- duel; the convoy.

ARTICLE XI.

If by exhibiting the fea-letters, and other Mode ot documents, defcribed more particularly in the proceeding twenty-fifth article of this treaty, the other par- ?rabandOI1~ ty ma^ difcover there are any of thofe forts of goods are goods, which are declared prohibited, and con- i covere . ftffo^^ anci fa^ j-j^y are configned for a

port under the obedience of his enemy, it fhall not be lawful to break up the hatches of fuch fhip, nor to open any cheft, coffer, packs, cafks* or other veffels found therein, or to remove the fmallefl parcel of her goods, whether the faid veffel belongs to the fubjects of their High Mightineffes, the States General of the Uni- ted Netherlands, or to the fubjecls or in- habitants of the faid United States of Ame- rica, unlefsthe lading be brought on fhore, in prefence of the officers of the court of admi- ralty, and an inventory thereof made j but there fhall be no allowance to fell, exchange, or alienate the fame, until after that due and lawful procefs fhall have been had againfl fuch prohibited goods of contraband, and the court of admiralty, by a fentence pronounced, fhall have confiscated the fame, faving always as well the fhip itfelf, as any other goods found

L 435' 1

de open zee, als in de havens te exjiibeeren, expreffelyk aantonende, dat haare goederen niet zyn van het getal dier geene, dewelke ais contrabande verbooden zyn, en geene con- trabande goederen voor een vyandelyke haven gelaaden hebbende, na de haven van een vy- and, haare reize vryelyk en onverhindert mo- gen vervolgen ; dog fal geen vifitatie van pa- pieren gevergt vvorden van fcheepen, onder convoy der oorlog fcheepen, maar geloof wor- den gegeeven aan het woord van den officier, het convoy leidende.-

ARTICLE XL Indien by het vertoonen der zee-brieven en andere befcheiden by het vyf-entwintigfte ar- ticul van dit tra£laat nader befchreeven, de andere parthy ontdekt, dat er eenige van die foort van goederen zyn, dewelke verbooden> en contrabande gedeclareert zyn, en gecon- figneert naar een haven onder de gehoorfaem- heid van den vyand, zal het niet geoorloft zyn de luyken van zodanig fehip op te breeken, of eenige kift, koffers, pakken, kaifen of an- der vaat-werk, daar in gevonden wordende te openen of het geringfte gedeelte van haare goederen te verplaatfen, het fy fodanige fchee- pen toebehooren aan de onderdanen. van Haar Hoog Mogende de Staten Generaal der Ve- reenigde Nederlanden, of aan onderdanen en ingezeetenen van de gemelde Vereenigde Staa- ten van* America, ten zy de lading aan land gebragt worde in prefentie van de ouicieren van het admiraliteits hoff, en een inventaris van defelve gemaakt, dog fal niet worden toe- gelaten, om defelve op eenigerhande wyfe te verkoopen, verruilen of veralieneeden, dan, na dat behoorlyke en wettige procedures te- gens zodanige verbodene contrabajvde goede-

C 436 3

therein, 'which are to be efteemed free, and may not be detained on pretence of their being infected by the prohibited goods, much lefs fhall they be confifcated as lawful prize : but en the contrary, when by the vifitation at land, it {hall be found that there are no con- traband goods in the veflel, and it mall not ap- pear by the papers that he who has taken and carried in the veflel has been able to difcover any there, he ought to be condemned in all the charges, damages and interefts of them, which he fhall have caufed, both to the owners of vef- fels, and to the owners and freighters of car- goes with which they mall be loaded, by his temerity in taking and carrying them in ; de- claring mofl exprefsly the free veflels fhall af- fure the liberty of the effects with which they fhall be loaded, and that this liberty fhall ex- tend itfelf equally to the perfons who fhall be found in a free veflel, who may not be taken out of her, unlefs they are military men actu- ally in the fervice of an enemy.

ARTICLE XII. Goods On the contrary, it is agreed, that whatever

enemy" * &^11 be fouiM to be laden by the fubjects aad. fhi> liable inhabitants of either party, on any fhip belong - fifcatc(iCOn" mg t0 tne enemies of the other, or to their fub- «niefs put jecls-, although it be not compi ehended under befor^d.*- t^Le f°rt °f prohibited goods, the whole may Oration be confiicated in, the fame manner as if it be-

C 437 3

ren zullen zyn gehouden, en het admiraliteits hof by een geprommtieerde fententie dezelve zal hebben geconfifqueert, daar van altoos vrylatende, zoo wel het fchip zelve, als cenige andere goederen, daarin gevonden wcrdende, welke voor vry werden gehouden, nogte mo- gen dezelve worden opgehouden, ender voor- geeven, dat die, als't ware door de geprohi- beerde goederen, zouden zyn geinfe&eert, veel min zullen defelve, als wettige prys wor- den geconfifejueert : Maar in tegendeel, wan- neer by de vifitatie aan land word bevonden, dat er geen contrabande waaren in de fcheepen zyn, en uyt de papieren niet bleek, dat de nea- mer en opbrenger, het daar uyt niet had kon- nen ontdekken, zal defelve moeten worden gecondemneert in alle de koflen en fchaden, die hy zoo aan de eigenaaren der fcheepen, als aan de eigenaars en inlaaders der goederen, waar meede de fcheepen belaaden zullen zyn, door zyne rukelooze aanhouding en opbren- ging der fcheepen zal hebben verooriaakt met de intereffen van dien;. wordende wel expreffe- lyk verklaart, dat een vry fchip, zal vry maa- ken de waaren daar ingelaaden, en dat die vry- heid zig ook zal uitftrekken over de perfoo- nen, die haar zullen bevinden in een vry fchip, dewelke daar uyt niet geligt zullen mogen worden, ten zy het waren oorlogfiuiden in e£- fecliven dienft van den vyand.

ARTICLE XII.

In tegendeel is. overeengekomen, dat al het geen bevonden zal worden gelaaden te zyn door de onderdanen en ingezeetenen van een der beide parthyeii, in eenig fchip de vyan- den van den anderen, of aan defzelfs onder- danen toebehoorende, geheel, of fchoon niet zynde van de foprt van. verbodene goederen-,

[ 433 ]

«» war or longed to the enemy ; except neverthelefs fuch. i nomhs 3- effe'^s and merchandizes as were put on board ter. fuch vefTel before the declaration of war, or in

the fpace of fix months after it, which effects fhall not be, in any manner, fubjecl: to confis- cation, but (hall be faithfully and without de- lay reftored in nature to the owners who fhall claim them, or caufe them to be claimed, be- fore the confiscation and fale, as alio their pro- ceeds, if the claim could not be made but in the fpace of eight months after the fale, which ought to be public : Provided neverthelefs, that if the faid merchandizes are contraband, it mall by no means be lawful to tranfport them afterwards to any port belonging to ene- mies.

ARTICLE XltL

And that more effectual care may be taken for the fecurity of fubjecls and people of ei- VeffcTs of ther party, that they do not fuffer molefta- w*r ?r„ „ ri°n from the veffels of war cr privateers of io do uo in- the other party, it fhall be forbidden to all -j"7 to ?'r commanders of veffels of war and other arm- rttheydo/ed veffels of the faid States General of the to he pit- United Netherlands, and the faid United

luliicd and r * • ii n t_ • rr

Kttkejrcpa- btates of America, as well as to all tneir orii- cers, fubjecls and people, to give any offence or do any damage to thofe of the other par- ty ; and if they ad to the contrary, they mall be, upon the firft complaint which fhall be made of it, being found guilty alter a juft examination, punifhed by their proper judges, and moreover obliged to make fatisfaclion for all damages and inter efts thereof, by repara^

ration.

C 439 3

mag worden geconflfqueert, op dezelve wys als of het den vyand toequam, uitgefondert zodanige goederen en koopmanfchappen, als aan boord van zodanig fchip gedaan waren VGor de oorlogs-declaratie, of binneri fes maan- den na defelve, welke goederen in geenen- deele confifcatie zullen onderhevig zyn, maar wel en getrouwelyk fonder uytftel aan de eigenaers, die defelve vcor de confifcatie en verkoop zullen te rug vragen of doen vragen, in natura zullen worden gereflitueert, gelyk meede het provenu daar van, indien de re- clame binnen agt maanderi na de verkoping, deweike publicq zal moeten worden geda- en, eerft konde gefchieden, dog zoo, dat, in* dien de gemeide koopmanfehappen, contra- bande zyn, het geenzints geoorloft zal zyn defelve naderhand te vervoeren na eenige ha- vens, de vyanden toebehoorende.

ARTICLE XIII. En ten einde de befl mogelyke zorg mag worden gedragen voor'de fecuriteit van de onderdanen en het volk van een der beide parthyen, dat dezelve geen overlaft komen te lyden van weegens de oorlog-fcheepen of ka- pers van de andere parthy, zullen alle de be- velhebbers van oorlog-fcheepen en gewapen- de vaartuigen van de voorfchrceve Staten Gc» neraal der Vereenigde Nederlanden, en van- de gemeide Vereenigde Staten van America, mits gaders alle derfelver officieren onderda- nen en volk, verbooden worden eenige be]ee- diging of Tchade aan die van.de andere zyde toe-te-brengen, en zoo zy dien contrarie han- delen, zullen zy op de eerfle klagten, daar over te doen, na behoorlyk onderfoek fchul- dig bevonden wordende, door haar eige reg- t-ers geftraft worden, endaar en boven verpligt

r 440 ]

tion, under pain and obligation of their per- fons and goods.

ARTICLE XIV.

For further deter mining; of what has been c*Pta™»o< faid, all eaptairis of privateers, or fitters-out &c. toVve of vefTels armed for war, under commiffion fufficient anc| on accouilt of private perfons, fhall be be rcf.on- held, before their departure, to give fuffici* fiyr[",_ ent caution, before competent judges, either venations, to be entirely refponfible for the malverfations which they may commit in their cruizes or voyages, as well as for the contraventions of their captains and officers againfl the prefent treaty, and againfl the ordinances and edicts which mall be published in confequence of and conformity to it, under pain of forfeiture and nullity, of the faid commiffions.

ARTICLE XV. ref_ All vefTels and merchandizes of whatfoc- e'ued from ver nature, which fhall be refcued out of the P-'^'0, hands of anv pirates or robbers, navigating

i»ereft(.Vred. ,,..r-'r.1 ._ ' .% °

the nigh leas without requihte commimons, (hall be brought into fome port of one of the . two flates, and depofited in the hands of the . officers of that port in order to be reflored en- tire to the true proprietor, as foon as due and fufiicient proofs fhall be made concerning the property thereof.

■ARTICLE XVI. If any mips or vefTels, belonging to either of the parties, their fubject's or people, f] all, 'within the coafls or dominions of the other,

C 441 ]

worden fatisfaclie te gecven voor alle fchade, en den interefl: daar van, door vergoeding on- der pcene en verbintenis van hunne perfonen en goederen.

ARTICLE XIV.

Tot meerder verklaring van het geen voor- fchreeve is, zullen alle kaper capiteinen of rbeeders van fcheepen op particuliere beflel- ling en commiffie ten oorlog-uitgerufl, voor de- zelve gehouden zyn, voor derfelver vertrek, goedeen fuffifante cautie te ftellen voor de com- petente regters, of in het geheel te verantwoor- den de malverfatien, die-ze in haare courifen, of op haare reizen zouden mogen-begaan, en voor de contraventien van haare capiteinen en officieren,tegen het tegenwoordig traclaatende ordonnantien, en ediclen, die gepubliceert zul- len worden, in kragte, en. conform de difpofi- tie van dien, op pcene van verval, en nulliteit der voorfchreve commimen.

ARTICLE XV. Alle fcheepen en koopmanfchappen, van wat natuur dezelve 00k zyn, die hernomen zullen worden uyt handen van piratten en zeerovers, fonder behoorlyke commiffie op de ©pen zee varende, zullen gebragt worden in eenige haven van eene der beide ftaten, en zullen aan de bewaring der omcieren van die haven worden overgeleevert, ten einde geheel, gereftitueert te worden aan den regten eige- naar, zoodra als behoorlyk en genoegfaam bewys, wegens den eigendom der zelve, zal gedaan zyn.

ARTICLE XVI.

Indien eenige fcheepen of vaartuigen toe- behooreende aan een van beyde de parthyen, hunne onderdanenof ingezeetenen, op de ku-

Vol. I. K 3

[ 442 ]

flick upon the fands, or be wrecked or fufTer any other fea-damagc, all friendly afliftance in cafe cf and relief fhallhe given to the perfons fhip- re"«7rfliaii wrecked, or fuch as mail be in danger thereof; be afforded and the vefTels, effects and merchandizes, or icftofed. S the part of them which fhall have been faved, or the proceeds of them, if, being perimable, they fhall have been fold, being claimed with- in a year and a day by the mafters or owners, or their agents or attornies, mall be reftored, paying only the reafonable charges, and that which muff, be paid, in the fame cafe, for the falvage, by the proper fubjects of the country: there fhall alfo be delivered them, fafe con- ducts or paffports, for their free and fafe paf- fage from thence, and to return, each one to his own country.

ARTICLE XVII. In cafe the fubjects or people of either party, when vef- >v^^ their ihipping, whether public and of feisbyftrefs war, or private and of merchants, be forced &c7fhaii be through ftrefs of weather, purfuit of pirates or forced into enemies, or any other urgent neceffity for feek- ISihaH inS of melter and harbour, to retract and enter fee protec- into any of the rivers, creeks, bays, ports, miued to"" roads or mores, belonging to the other party, depart. they fhall be received with all humanity and kindnefs, and enjoy all friendly protection and help, and they iliail be permitted to refrefh and provide themfelves, at reafonable rates, with victuals, and all things needful for the fufienancc of their perfons, or reparation of their mips ; and they fhall no ways be de- tained or hindered from returning out of the faid ports or roads, but may remove and de-

E 443 ]

Hen of dominien van den anderen zullen ko- men te ftranden, vergaan, of eenige andere zee-fchade te lyden, zal alie vriendelyke aflif- tentie en hulp worden gegeeven aan de per- foonen fchipbreuk geleeden hebbende, of die zig in gevaar daar van zullen bevinden ; en de fcheepen, goederen en koopmanfchappen, en het geen daarvan ge-borgen zal zyn, of het provenu van dien, by aldien die goederen ver- derffelyk zynde, zullen weezen verkogt, alle door de fchippers of door de eigenaars, of van haare gelafte, of volmagt hebbende, binnen jaar en dag gereclameert wordende, worden gereftitueert ; mits betaelende alleen de ree- delyke onkoften, en het geen voor bergloon door de eyge onderdanen, in het zelve geval, betaalt moet worden ; zullende infgelyks bri- even van vrygeley aan hun worden gegeeven, voor hunne vrye en gerufle paffage van daar, •en retour van een ieder na fyn eigen land.

ARTICLE XVII.

Ingevalle de onderdanen of ingezeetenen van een der beide parthyen, met hunne fchee- pen, het zy publique en ten oorlog varende, of byfondere en ter koopvaardy uitgeruil, door onftuimig weer, najaaging van zeerovers of vyanden, of eenige andere dringende nood, gedwongen zullen worden, terbekoming van een fchuilplaats en haaven, zig te retireeren en binnen te loopen in eenige der riyieren, creekuen, baayen, havens, rheeden of ftran- den, toebehoorende aan de andere parthye, zullen dezelve met alle menfehiievendheid en sroedwilligheid werden ontfansren, en alle vri- endelyke proteclie en hulp genieten en zal hun worden toegeflaan zig te ververfchen, en pro- viandeeren, teegens reedelyke pryfen met vic- tuaille, en alle dingen benoodigt tot onder-

[ 444 ]

part when and whither they pleafe without any let or hindrance.

ARTICLE XVIII,

in cafe of For the better promoting of commerce, on war mire j^^ flcjes ft j8 agreed, that if a war mould

months al- o ' # .,„..-._.'

lowed tod- break out, between their High MightmeiTes Sing in" tlle States General of the United Netherlands, the other's and the United States of America, there mall fo°ien and always be granted to the fubjects on each fide, tranfport the term of nine months after the date of the t icire ie^ s. rUpturej or tke proclamation of war, to the end that they may retire, with their effects, and tranfport them where they pleafe, which it mail be lawful for them to do, as well as to fell or tranfport their effects and goods, in all freedom and without any hindrance, and with- out being able to proceed, during the faid term of nine months, to any arreft of their ef- fects, much lefs of their perfons ; on the con- trary, there mail be given them, for their vef- fels and their effects, which they would carry away, paffports and fafe conducts for the near- eft ports of their refpeetive countries, and for the time neceffary for the v@yage. And no prize made at fea, fhallbe adjudged lawful, at leaft, if the declaration of war was not or could not be known, in the lad port, which the vef- fel taken, has quitted, but for whatever may have been taken from the fubjects and inha- bitants of either party, and for the offences which may have been given them? in the in*

[ 445 ]

houd van haare perfoonen of reparatie van hunne fcheepen, en zy zullen op geenerley wys worden opgehouden, of verhindert nit de gemelde havens of rheeden te vertrekken, maar mogen verzylen en gaan wanneer en waar het hun behaagt, zonder eenig belet of verhindering.

ARTICLE XVIII. Tot des te be.eter voortzetting der weeder- fydfche commercie, is over eengekomeri, dat indien een oorlog mogt komen ts ontftaan, tuffchen haar lioog Mogend e de Staten Gene- raal der Vereenigde Nederlanden, en de Ve- reenigde Staten uan America, altyd aan de onderdanen van de een of andere zyde zal worden gegeeven den tyd van neegen maan- den, na dato van de rupture of proclamatie van oorlog, om haar te mogen retireeren met haare effe&en, endezelve te vervoeren, waar het haar believen zal, het welk haar geoor- loft zal zyn te mogen dcen ; als meede te mo- gen verkoopen of tranfporteeren haare goe- deren en meubilien in alle vryheid ; fonder dat men haar daarin eenig belet zal-doen ; ook zonder geduurende de tyd van de voorfchreeve neegen maanden te mogen procedeeren tot eenig arrefl van haare perfoonen, maar zullen inteegendeel voor haare fcheepen, en efFecten, die zy zullen willen meedevoeren worden ge- geeven pafporten van vry geleide tot de naerce havenen in elkanders Land en voor den tyd, tot de reizen nodig. Ook zullen geen pryfeu op zee genomen voor wettig genomen gehou- den mogen worden, ten minften indien de oorlogs-declaratie, niet bekent was geweeft of had kunnen zyn in de haven, die het geenoome fchip het laaft heeft veriaten, maar zal voor al, liet geen aan de onderdanen en ingezetenencn

C 446 ]

terval of the faid terms, a complete fatisfaclion. fhall be given them.

o

commi}- fions tcrs of marque irom a prince or hate with whom the other is at war.

ARTICLE XIX.

No fubjeft of their High MightinefTes the neither par- States General of the United Netherlands, lhall tyihaihake apply for or take any commiflion or letters of '"let- marque, for arming any fhip or fhips to act as privateers againfl the faid United States of America, or any of them, or the fubjecls and inhabitants of the faid United States or any of them, or againfl the property of the inhabitants; of any of them, from any prince or (late with which the faid United States of America may happen to be at war j nor fhall any fubjecl; or inhabitant of the faid United States of America, or any of them, apply for or take any commif- fion or letters of marque for arming any fhip or fhips to act as privateers againfl the High and Mighty Lords the States General of the United Netherlands, or againfl the fubjecls of their High MightinefTes, or any of them, or againfl the property of any one of them, from any* prince or flate with which their High MightinefTes may be at war|: And if any perfon of either nation fhall take fuch commiflion or letters of marque, he fhall be punimed as a pirate.

ARTICLE XX.

If the vefTels of the fubjects or inhabitants of one of the parties come upon any coafl be- longing to either of the faid allies, but not

[ 447 3

van weederfyd enbinnende voorfchreeve ter- mynen, ontnomen mogt zyn, en de beleedigin- gen, die hun aangedaan zouden mogen zyn, vo!koomenfatisfac~Ue gegeeven worden. ARTICLE XIX. Geen onderdaan van haar Hoog Mogende de Staten Generaal der Vereenigde Nederlan- den, zullen mogen verfoeken of aanneemen eenige commiffien, of lettres de marque tot het wapenen van eenig fchip, of fcheepen, ten einde als kapers te ageeren teegens de gemelde Vereenigde Staten van America of eenige der zelve, of teegens de onderdanen of ingezeete- nen der gemelde Vereenigde Staten, of eenige der zelve, van eenige prins of ftaat, met wien de voorfchreeve Vereenigde Staten van Ame- rica in oorlog mogten zyn ; nochte zal eenige onderdaen of ins-ezeeten van demelde Veree- nigde itaten van America, of eenige derfelve, eenige commiffie off lettres de marque verfoe- ken of aanneemen, tot het wapenen van eenig fchip of fcheepen, om ter kaap te vaaren tee- gens de Hoog Mogende Keeren Staten Gene^ raal der Vereenigde Nederlanden, of tegens de onderdanen of ingezeetenen van gemelde Haar Hoog Mogende, of eenige van defelve, of den eigendom van eenige derzelve, van eenige Prins of Staat, met wien haar Hoog Mogende in oorlog zullen zyn ; en indien eenig perfoon van een van beide natien zoda- nige commiffie of lettres de marque zal aan- neemen zal defelve als een zeerover worden geftraft,

ARTICLE XX.

De fcheepen der onderdanen of ingezeete- nen van een van beide de parthyen, ko mends aan eenige kuft, toebehoorende aan de een of

[ 448 ]

yefleiscom* willing to enter into port, or being entered ccMUoVen- int0 Port an(i I10t willing to unload their car- taring the goes or break bulk, or take in any cargo, they nhTr'plty,' lba11 not be Obliged to pay, neither for the how to be veCels nor the cargoes, any duties of entry in or

treated. . / i r i • J

out, or (.o render any account of their cargoes, at lead if there is not juil caufe to prefume that they carry to an enemy merchandizes of con- traband.

ARTICLE XXL

The two contracting parties grant to each other

mutually, the liberty of having each in the

&c. to be ports of the other, confuls, vice-confuls, agents

allowed m anc[ commifiaries of their own appointing,

of each na- whofe functions (hall be regulated by particu-

tlon" lar agreement, whenever either party chufes,

to make fuch appointments.

Confuls,

ARTICLE XXII.

This treaty fiiall not be underftood in any Tins treaty manner to derogate from the ninth, tenth,

not to de. o .

rogatefrom nineteenth and twenty-fourth articles of the treaty with treaty with France, as they were numbered in

France. ' J r

the fame treaty, concluded the fixth of Febru- ary 1778, and which make the articles ninth, tenth, feventeeth and twenty-fecond of the treaty of commerce now fubfilring between the United States of America, and the crown of France : nor mall it hinder his Catholic Ma- jefty from acceding to that treaty, and enjoy- ing the advantages of the faidfour articles.

ARTICLE XXIII. If at any time the United States of America mall judge ueceffary to commence negociations

[ 449 ]

andere der gemelde bondgenooten, doch niet voorneemens zynde in een haven binnen te loopen, of binnen geloopen zynde, en niet be- geerende hunne ladingen te lolTen, of laft te breeken, of by te laden, zullen niet gehouden zyn voor haare fcheepen of laadingen eenige inkomende, of uitgaende regten te betalen nog eenige reekenfchap van haare ladingen te gee- ven j. ten minften indien er geen wettig vermo- edenis, dat zy aan een vyand toevoeren koop- manfchappen van contrabande.

ARTICLE XXL De twee cbntracteerende parthyen vergun- toen over en weeder aan elkanderen de vryheid, om ieder in de havens van den anderen, con- fuls, vice-confuls, agenten en commifTarifieii van hunne eigen aanftelling te hebben, welkers fun&ien gereguleert zullen worden by parti- culiere overeenkomft, wanneer ooit eene der beide parthyen goedvind zodanige aanflelling te doen.

ARTICLE XXIL Dit tra&aat zal in geenerhande opfigten ver- ftaan worden te derogeeten aan de 9, .10, 19 en 24 articulen, van het traftaat met Vrank- ryk. foo als die genumniert zyn geweeft in het zelve tra&aat den 6 February, 1778, ge- llooten, .zynde de 9^ 10, 17 en 22 articulen van het traclaat van commercie, foo als het nil in kragt is* tuffchert de Vereenigde Staten vari America en de kroon van Vrankryk : en zal meede niet beletten:, datfyne Catholicque Ma- jefteit aan t'felve zoude accedeeren, en van het beneficie der gemelde vier articulen jouif- feeren;

. . ARTICLE XXIII. . By aldien de Vereenigde Staten van Ame- rica, t/eeniger tyd nodig mogten vinden, om Yon, I, L 3

t 45- 3

with the King or Emperor of Morocco and

Fez, and with the Regencies of Algiers, Ta-

Unitcd Ne- iiio or Tripoli, or with any of them, to obtain

toSdtheU. Papons f°r tne fecLtrity of their navigation in

states in the Mediterranean fea, their High Mightineffes

treaSef promife that upon the requisition which the

with the United States of America (hall make of it,

pdwer? tney "vV^'i fecond mch negociations in the moil

favourable maimer, by means of their confuis,

fefiding hear the faid King, Emperor and Re-

• ARTICLE XXIV.

what^cods The liberty of navigation and commerce denied ^la^ extend to all forts of merchandizes, ex- contraband, cepting only thofe which are diftinguifhed un- der the name of contraband, or merchandizes prohibited : and under this denomination of contraband and merchandizes prohibited, mall be comprehended only war-like (lores and arms, as mortars, artillery, with their artifices and appurtenances, funis;, piftols, bombs, gre- nades, gun-powder, faltpetre, fulphur, match, bullets and balls, pikes, fabres, lances, hal- berts, cafques, cuirafFes, and other forts of arms ; as alfo foldiers, horfes, faddles, and furniture for horfes; all other effects and merchandizes, not before fpecified exprefsly, and even all forts of naval matters, however proper they may be for the conftruction and equipment of velfels of war, or for the manu- facture of one or another fort of machines of war by land or fea, (hail not be judged contra- band, neither by the letter, nor according to any pretended interpretation whatever, ought they, or can they be comprehended under the notion of effects prohibited or contraband.* So that all effects and merchandizes, which are

I 45* ]'

by den koniug of keizer van Marcccc of Fez, mitfgaders by deregeerin-en van Algiers, Ti'.- nis of Tripoli, of by eenige van dezelve, ne- gotiatien te entameeren tot liet verkrygen van pafpcrlen, ter beveiliging van hunne naviga- tie op de Middelandfche zee, 200 beioven huar H >og Mogeiide op het aanzoek van Hoog.ftgedagte Vereenigde Staten, die negoti- atien door iniddel van hunne by den voor- fchreeve koning of keizer en regeeringen, re- ' fideerenie confuls op de favorabelfte wyze te zuilen fecondeeren.

ARTICLE XXIV.

De vryheid van navigatie en commercie zal zig uit fbrekken tct; alle fborten van koopman- fchappen, uitgefondert alleen cuseze, welke on- dericheiden zyn onder den naam van contra- bande of verbodene goederen : en onder deeze benoeming van contrabande of verbodene goer deren, zuilen alleen begreepen zyn de oorlogs ammunitien, of wapenen, als, mortieren, ge^ fchut met zyne vuurwerken, en het geen daar toebehoort ; geweeren, piftoolen, bomben, granaden, buipulver, falpeeter, zwavel, Ion- ten, koogels, pieken, zwaarden, lancien, hel- baarden, cafquetten, cuiraifen, en diergelyk foort van wapentuig, 00k foldaten, paarden, zadels, en toerufting van paarden. Alle an- dere goederen en koopmanfehappen, hier bo- ven niet uitdrukkelyk gefpecificeert, jaa felfs alle foorten van fcheepfmaterialen, hoe zeer dezelve 00k zouden mogen zyn gefchikt, tot het bouwen of equipeeren van oorlogfcheepne, of tot het maken van het een of ander oor- logftuig, te water of te lande, zuilen mits dien nog volgens den letter, nog volgens eenige voor te wende interpretatie van de- zelve, hoe 00k genaamt onder verboodene of

t 452 3

not exprefsly before named, may, without any exception, and in per feci liberty, be tranfpor- ted by the fubje&s and inhabitants of both al- lies, from and to places belonging to the ene- my ; excepting only the places which at the fame time ihall be befieged, blocked or inven- ted ; and thofe places only mail be held for fuch, which are iurrounded nearly by fome of the belligerent powers.

ARTICLE XXV.

Regulations To the end that all diflention and quarrel reacting may ^e avoided and prevented, it has been agreed, that in caie that one or the two parties happens to be at war, the veffeis belonging to the fubjecls or inhabitants of the other ally, fhall be provided with fea-letters or paifports, expreffing the name, the property and the bur- then of the veffei, as alio the name and the place of abode of the mailer, or commander of the faid veffei, to the end, that thereby it may appear, that the veffei really and truly belongs to fubjc&s or inhabitants of one of the parties ; which paifports mall be drawn and diftributed, according to the form annexed to this treaty, each time that the vefTel fhall return, fhe mould have fuch her paffport re- newed, or at leafl, they ought not to be of more ancient date than two years, before the vefTel has been returned to her own country.

C 453 1

Gontrabtinde goederen, bcgreepen kunnen of mogen worden : zoo dat alle dezelve goede- r.en, waaren en koopmanfchappen, hier bo- ve'n met uit drukkelyk genoemt, fonder eenig onderfcheid zullen mogen worden getranfpor- teert en vervoert in alle vryheid, door de on- derdanen en ingezeetenen van beide bondge- nooten, van en na plaatfen, aan den vyancf toebehoorende, zodanige fleeden of. plaatfen aileen uitgefondert, welke ©p die tyt belee- gert, geblocqueert of geinvefteert zyn, waar voor alleenlyk worden gehouden de zulke, die door een der oorlogvoerende mogendheeden van na by ingeilooten worden gehouden,

ARTICLE XXV.

Ten einde alle dirTentie en twill mag, wer- «len vermyd en voorgekomen, is over een ge- komen, dat ingeval een van beide de parthyen in aorlog mogt komen te geraken, de fcheepen en vaartuigen, toebehoorende aan de onder- danen of ingezeetenen van de andere geal- lieerde, met zee-brieven of pafporten, moeten werden voorften, expreffeerende den naam, .eigendom en de groote van het fchip of vaar- tuig, als meede den naam, plaata, of woninge van den fchipper of beveihebber van het gMe- melde fchip of vaartuig, ten einde daar by mag blyken, dat het fchip reeel en in waar- heid aan de onderdanen of ingezeetenen van eene der parthyen toebehoord, welk pafport zal worden opgemaakt en uitgegeeven, vol- gens het formulier, agter dit traclaat gevoegt. Defeive zullen ieder reize, dat het fchip thuys is geweeft op nieuw verleent moeten zyn, of ten minften niet ouder mogen zyn, als twee jaar, voorde tyd5 dat het fchip laaft is thuys geweeft. '

t 454 J

It has bee-n alfo agis&cl, that lLeh vefTfte^ being loaded, ought to be provided not only with the laid jaaflports or feadetters, but alio with a general pa.$port, or with particular pafT- ports or manifefU, or other public documents, which are ordinarily given to veffels out- ward bound in the ports from whence the vef- fe-l-s have, fat fail in the lafl place, containing a ibeciflcalioR of the cargo, of the place from whence the ve$el> departed, and of thai of he? cfeftmation ; or, inftead of all thefe, with cer- tificates feom the magistrates or governors of cities, places and colonies, from whence the veffel came, given in the ufual form, to the end that it may be known, whether there are any effects prohibited or contraband, en board the veflels, and whether they are deflined to fee carried to an enemy's country or not ; and in cafe any one judges proper to exprefs in the faid documents, the perfons to whom the effe&s on board belong, he may do it freely, without, however, being bound to do it ; and the ornimon of fuch exprefTion cannot and ought not to caufe a eonfifcation.

ARTICLE XXVI.

jiow mips If the veffels of the faid fubje&s or inhabit p.nd veffels . nts of either of the parties, failing along the

are to be * ' r . . . . rr ° i rt i

treated, coaus or on the high feas, are met by a veliel when met ^ war ^ or privateer, or other armed veffel of war o?S the other party, the faid veflels of war, priva- priwteers. y^^ OY armed veffels, for avoiding all difor- der, fhail remain without the reach of cannon, but may fend their boats on board the mer- chant veffel, which they (hall meet in this manner, upon which they may not pafs more

C 455 1

Het is mfgelyks vaftgeftelt, dat zodanige fcheepen of vaartuigen gelaaden zynde, m.~>e- ten weczen voorfien, nict allecn met pafporten. of zeebrieven bovengemeld ; maar ook met een generaal pafport of particuliere pafporten., of manifeften, of andere publicque documen- ted, die in de havenen, van waar de fcheepen. laait gekomen zyn, gewoonlyk gegc&ven woo- den aan de uitgaende fcheepen, inhoudende een fpeciricatie van de lading de plaats vafe waar het fchip gezeild is, en waar heenen het ^edeftineert is, of by gebreeke van alle defelve met certificaten van de magiftraten of gouver- jaeurs der fleeden, plaatfen en colonien, van waar het fchip vertrokken is, in de gewoonde form gegeeven, op dat geweeten kan worden* of eenige verboode of contrabande goederen, aan boord van de fcheepen zyn, en of zy daar meede na's vyands landen gedeftineert zyn-, of met. En by aldieft iemand goetdnnkt of raadzaem vind, om in de gemelde befcheiden uit te drukken de -perfoonen, aan wien de <aan ■ • boord. zynde -goede'ren toekomen, vermag hy zulks vryelyk te doen, fonder egter daar toe ^ehouden te fyn, of dat gebr-ek van die uit- drukking geleegenheid tot confifcatie kan oi mag geeven,

ARTICLE XXVI. Indien de fcheepen of vaartuigen van de 'ge- melde cnderdanen of ingezeetenen van een van beide de parthyen, zeilende langs de ku- flen off in de open zee, ontmoet zullen wor- den door eenig fchip van oorlog, kaper, of gewapend vaartuig van de andere parthy, zul- len de gemelde orlog-fcheepen, kapers of ge- wapend e vaartuigen tot vermiding van alle dif- ordre, buiten bereik van het gefchut bfyv?es, fegllMne b<£ot3& mogen zemden aan boor4

t 456 I

than two or three men, to whom the matter or commander ihail exhibit his paffport, contain- ing the property of the veifel, according to the form annexed to this treaty : And the veflel,- after having exhibited fitch a paffport, fea-letter and other documents, (hall be free to continue her voyage, f© that it fhall not be lawful to mo- ieft her, or fearch her in any manner, nor to give her chace nor to force her to alter her ceurfe.

Lawful for merchants and com- manders of veflels to take in- to their fer- vice fea- men and ethers be- longing to cither na- tion.

ARTICLE XXVlf.

It fhali be lawful for merchants, captainfc and commanders of veflels, whether public and of war, or private and of merchants, belonging to the laid United States of America* or any of them, or to their fubje&s and inhabitants, to take freely into their fervice, and receive on board of their veffels, in any port or place in the jurisdiction of their High MightinefTes aforefaid, feamen or others, natives or inhabi- tants of any of the faid ftates, upon fuch con- ditions as they fhall agree on, without being fubjecT; for this, to any fine, penalty, punifh= •ment, procefs or reprehenfion whatfoever."

And reciprocally, all merchants, captains and commanders, belonging to the faid United Netherlands, fhall enjoy, in all the ports and

t 457 1

van het koopvaardy fchip, welke zy op die wys zullen ontmoeten,en op het zelve mogen overgaan ten getalle alleen van twee a drie man, aan wien de fchipper of bevelhebber van zodanig fchip of vaartuig zyn pafport zal ver- toonen, inhoudende den eigendom van het fchip of vaartuig ingevolge het formulier, ag- ter dit tractaat gevoegt, en zal het fchip o£ vaartuig na.de vertoonig van dufdanig pafport, zee-brief en verdere befcheiden vry en liber zyn, om defzelfs reis te vervolgen, zoo dat. niet geooloft zal zyn het zelve op eeniger- hande wyze te molefteeren of doorzoeken, nog jagt op haar te friaken, of het felve te forceeren, haare voorgenomen cours te ver- .laten.

ARTICLE XXVII. Het zal geooloft zyn aan kooplieden, capi- teins, en bevelhebbers van fcheepen, het zy publicque en ten oorlog, of particuliere eu ter koopvardy vaarende, toebehoorende aaa de gemelde Vereenigde Staten van America, of eenige van dezelve, of aan de onderdanen en ingezeetenen van eenige derzelve, vryelyk in bunne dienft aan te neemen, en aan boord van haare gemelde fcheepen te ontfangen, in iedere der havens of plaatfen onder de jurif- diclie van voornoemde Haar Hoog Mogende, eenige bootfgezellen of anderen, zynde in- boorlingen of ingezeetenen van eenige der ge- melde Staten, op zulke voorwaarden, als zal werden overeen gekomen, zonder daar voor aan eenige boete, pcene, ftraffe, proces of ber- ifping hoegenaamt onderheevig te zyn.

En zullen reciproquelyk alle kooplieden, eapiteinen en beveihebbere van fcheepen, be- hoorrende tot de voorfchreeven Vereenigde

Vol, I. M 3

C 458 ]

places under the obedience of the faid United States of America, the fame privilege of en- gaging and receiving feamen or others, na- tives or inhabitants of any country of the de- nomination of the faid States General : Pro- vided, that neither on one fide nor the other, they may not take into their fervice fuch of their countrymen who have already engaged in the fervice of the other party contracting, whether in war or trade, and whether they meet them by land or fea; at leaft if the cap- tains or mailers under the command of whom fuch perfons may be found, will not of his own confent difcharge them from their fer- vice ; upon pain of being otherwife treated and punifhed as deferters.

ARTICLE XXVIII.

The affair of the refraction mall be regu- lated in all equity and juftice, by the magi- ftrates of cities refpe&ively, where it mail be judged that there is any room to complain in this refpecl.

ARTICLE XXIX.

The prefent treaty mail be ratified and ap- proved by their High Mightineffes the States General of the United Netherlands, and by the United States of America ; and the a£ts of ratification fhall be delivered, in good and due form, on one fide and on the other, in the

C 459 2

Nederlanden, in alle de havens en plaatfen, onder het gebied van de gemelde Vereenigde Staten van America, het zelve voorregt gen- ieten tot aanneeming en ontfangen van bootf- gezellen of anderen, zynde inboorlingen of ingezeetenen van eenige der domeinen van de gemelde Staten Generaal, met dien verftande, dat men nog aan de eene nog aan de andere zyde zig zal mogen bedienen van zodanige zyner landfgenooten, die zig reeds in dienft van de andere contra&eerende parthye, het zy ten oorlog het zy op koopvaardy fcheepen, heeft geengageert, het zy men defelve aan de vafte wal, dan wel in zee zoude mogen ont- moeten, ten minften indien de capiteinen of fchippers, onder wiens bevel zodanige per- foonen zig mogten bevinden, defelvg niet vry willig uit hunnen dienft wilde ontflaan, op- pcene dat dezelve anderlints op den voet van weglopers zullen worden behandelt, en ge- ftraft.

ARTICLE XXVIII.

De toeleg voor refra&ie zal in alle redelyk- heid en billyheid worden gereguleert by de magiftraten der refpective fteeden, alwaar men oordeelt, dat eenige bezwaaren defwee* gens plaets hebben.

ARTICLE XXIX. .

Het tegenwoordig traQ:aat werden gerati- ficeert en geapprobeert by Hoogftgemelde Staten Generaal der Vereenigde Nederlanden, en Hoog gemelde Vereenigde Staten van America, en zullen de acteii van ratificatien van de eene en de anderezyde in goede en de behoorlyke forme worden overgeleeverdbinnen den tyd van zes maanden, ofte eerder"zo het

[ 46o J

fpace of fi£ months, or fooner if poffible, to be computed from the day of the fignature.

In faith of which, We the Deputies and Plenipotentiaries of the Lords the States General of the United Netherlands, and the Minifter Plenipotentiary of the*United States of America, in virtue of our re- fpe&ive authorities and full powers, have iigned the prefent treaty, and oppofed thereto the feals of our arms.

Done at the Hague the eighth of October, one thoufand feven hundred and eighty- two.

(l» s.) "John Adams,

[ 46 1 ]

zelve kan gefchieden, te reekenen van den dag van de onderteekening.

Ten oirkonde deezes, hebben \vy Gede- puteerden, en Plenipotentiariffen van de Heeren Staten Generaal der Vereenigde Nederlanden, en Minifter Plenipotentiaris der Vereenigde Staten van America, uitkragte van onze refpective authorifatie en plein pouvoir, deeze onderteekent, en met onze gewoone cachetten be- kragtigt.

In den Hage den agtften October, eenduy-, fent feeven hondert twee en tagtig.

(l. s.) George Van Randwyck.

(l. s.) B. V. D. Santheuvel.

HJl. s.) P. V. Bleifwyk.

(l. s.) W . C. H. Van Lynden.

(l. s.) D. I. Van Heeckeren.

(l. s.) "Joan Van Kuffekr.

(l. s.) F. G. Van Dedem, tot den Gelder*

(l. s.) H. Tjafens.

ORIGINAL.

CONVENTION

Between the Lords the States General of the United Netherlands, and the United States of America, concerning Vejfels re-captured.

THE Lords the States General of the Uni- ted Netherlands, and the United States of America, being inclined to eftablifh fome uniform principles with relation to prizes made by veffels of war, and commiffioned by the two contracting powers, upon their common enemies, and to veffels of the fubject.s of ei- ther party, captured by the enemy, and re- captured by veffels of war commiffion^i by either party, have agreed upon the following; articles.

ARTICLE I.

The veffels of either of the two nations re-

when vef- captured by the privateers of the other, mail

ther nation he reftored to the firft proprietor, if fuch vef-

ihaH be re- fels have not been four and twenty hours in

iiXThey the power of the enemy, provided the owner

iiaiibere- 0f tfoe veffel re-captured, pay therefor one

third of the value of the veffel, as alfo of that

of the cargo, the cannons and apparel, which

third fhall be valued by agreement, between

the parties interefted ; or, if they cannot agree

thereon among themfelves, they mall addrefs

themfelves to the officers of the admiralty, of

the place where the privateer who has re- taken

the veffel fhall have conducted her.

ORIGINAL.

CONVENTIE

Tufchen de Heeren Staten Generaal der Ve- reenigde Nederlanden en Vereenigde Staten van America, rakende de hernomen Scheepen.

[E Heeren Staten Generaal der Veree- nigde Nederlanden, en Vereenigde Sta- ten van America, geneegen fynde, eenige ge- lykvormige grond beginzelen vaft te ftellen, omtrent het opbrengen van pryfen, door de oorlogfcheepen en commiffievaarders van we- derfyds contrafteerende parthyen, op derfel- ver gemeene vyanden genomen, en omtrent de fcheepen van elkanders onderdanen, door den vyand genomen, en by de oorlogfcheepen en commiffievaarders van weederzyden herno- menszynmet den anderen over eengekomen, omtrent de navolgende articulen. ARTICLE I. De fcheepen van eene der beide natien door kapers van den andere hernomen, zullen aan den eerften eigenaer wedergegeeven worden, indien die fcheepen nog geen vier en twintig uuren in de magt van den vyand geweefl zyn, mits door den eigenaer van- het hernoome fchip daar voor betaald worde een derde van de waarde van het fchip mitfgaders van de laading, canons, en fcheepfloeruftingen, welk derde in der minne begroot zal worden door de geintereffeerde parthyen ; of anderfints, en zoo zy defweegens niet over een konden ko- men, zullen zy zich adrefTeeren aan de bedi- enden der admiraliteit van de plaats alwaar de kaper die het fchip hernomen heeft, het zelve zal hebben opgebracht.

C 464 ]

ARTICLE II. If the veffel re-captured has been more than Sfbeiong twenty-four hours in the power of the enemy, to the re- flie mall belong entirely to the privateer who

captor. Jlas re_taken Jler#

ARTICLE III.

In cafe a veffel mail have been re-captured by a veffel of war, belonging to the States-Ge- Whcn T neral of the United Netherlands, or to the byivefleis United States of America, Hie mall be reflorcd ihalfb they t0 ^le ^r^ owner3 ^e paying a thirtieth part of reftored. the value of the fliip, her cargo, cannons and apparel, if fhe has been re-captured in the in- terval of twenty-four hours, and the tenth part if me has been re-captured after the twenty- four hours ; which funis mail be diflributed in form -of gratifications to the crews of the veffels which mall have re-taken her. The valuation ofthefaid thirtieth parts and tenth parts, lhall be regulated according: to the tenor of the firft article of the prefent convention.

ARTICLE IV.

The reflitution of prizes, whether they may Renitution have been retaken by veffels of war or bypri- in reaiona! vateers, in the mean time and until requifite bie time. and fufficient proofs can be given of the proper- ty of veffels re-captured, mail be admitted in a reafonable time, under fufficient fureties for the obfervation of the aforefaid articles.

ARTICLE V. The veffels of war and privateers, of one and of the other of the two nations, lhall be reci- procally, both in Europe and in the other parts

of the world, admitted in the refpective ports

[ 4^5 3

ARTICLE II.

Indien het hernomen fchip langer dan

vier en twintig uuren in's vyands magt geweeft

is, zal het in'tgeheel aan den kaper, die hat

zelve hernomen heeft, toebehooren.

ARTICLE III.

Ingevalls een fchip zal hernomen geweeft zyn door een oorlog-fchip of vaartuig, toebe- hoorende aan de Staten Generaal der Veree- nigde Nederlanden of aan de Vereenigde Sta- ten van America, zal het zelve aan den eer- fien eigenaer wedergegeeven worden, mits be- talende een dertigfte. gedeelte van de waarde van het fchip en defzelfs laading, canons, en fcheepiloeruftingen, by aldien het binnen de vier en twintig uuren hernomen is, en het tiende gedeelte zoo het naa de vier en twintig uuren hernomen is : welke fommen als een gratiMcatie verdeeld zullen worden onder de equipagien van de fcheepen die het zelve her- nomen zullen hebben. De begroting der bo- vengemelde dertigfte, en tiende gedeeltens zal gereguleerd worden naar luid van het eerfte articul der jegenfwoordige conventie. ARTICLE IV.

De reftitutie der pryzen het zy door oorlog- fcheepen of kapers hernomen, zal ondertufT- ch'en en tot dat behoorlyk en voldoende be- wys van dat eigendom der hernomen fchee- pen gegeeven kan werden, onder fuffifante cautie wegens het nakomen der bovenftaande articulen, binnen een reedelyken tyd geadmit- teert werden.

ARTICLE V.

De ooiiog en kaper fcheepen van de eene en de andere der beide natien zullen weder- zyds, zoo in Europa als in de andere weereldf- deelen in elkanders refpeclive havens toegela- ien worden met hunne pryzen, welke aldaar

Voj-. L N 3

C 466 ]

of each, with their prizes, which may be un- loaded and fold according to the formalities ufed in the flate where the prize mail have been conducted, as far as may be confident with the twenty-fecond article of the treaty of commerce : Provided always, That the lega^ lity of prizes by the veifels of the Low Coun- tries, mall be decided conformably to the laws and regulations eftablimed in the United Ne- therlands ; as likewife, that of prizes made by American veffels, fhall be judged according to the laws and regulations determined by the United States of America.

nake re- gulations.

ARTICLE VI.

Moreover, it mall be free for the States- Ge- neral of the United Netherlands, as well as for the United. States of America, to make fuch regulations as they fhall judge neceffary; rela- tive to the conduct which their refpective vef- fels and privateers ought to hold in relation to the veifels which they fhall have taken and conducted into the ports of the two powers.

In faith of which, We the Deputies and Ple- nipotentiaries of the Lords the States General of the United Netherlands, and Minifler Plenipotentiary of the United States of America, have, in virtue of our refpective authorities and full powers, figned thefe prefents, and confirmed the fame with the feal of our arms,

Bone at the Hague, the eighth of October, one thoufand feyen hundred and eighty-, two.

(l. s.) John Adams*

C 467 ]

Mullen mogen ontladen en verkocht worde^ naar de formaliteitcn gebruikelyk in den ftaat $ alwaar de prys zal weezen opgebragt, foo ver- het beftaanbaar is met het 2 2fle articul van het tractaat van commercie ; met dien ver ftande, dat de wettigheid der pryfen door Nederlandfche fcheepen gemaakt zal beflift worden, naar luid der wetten en reglementen, ter deezer zake in de Vereenigde Neederlan- den, vaft gefteld, gelyk 00k die der pryzen door Americaanfehe fcheepen gemaakt, zai beoordeelt worden volgens de wetten en re- glementem by de Vereenigde Staten van Ame- rica bepaald*

ARTICLE VI. Voor het overige zal het aan de Staten Ge- neraal der Vereenigde Nederlanden, als meede aan de Vereenigde Staten van America vry ftaan, zodanige reglementen te maken als zy zullen oordeelen te behooren ; met betrekking tot het gedrag't geen hunne fcheepen en ka- pers weederfyds verpligt ziillen weezen te hou* den, ten opzigt der fcheepen die zy genomen, fen opgebragt zullen hebben in de havens der beide mogendheeden.

Ten oirkonde deezes, hebben Wy Gedeputeerden en plenipotentiariflen van de Heeren Staten Generaal der Vereenigde Nederlanden, en Minifter Plenipo- tentiaris der Vereenigde Staten van America, uyt kragt van onze refpe&ive authorifatie en plein pou- voir, deeze onderteekent en met onze gewoone ca- chetten bekragtigt.

Gedaan in's Hage, den agtften Oftober, een duyfenr feeven houdert twee en tagtig.

(l. s.) George Van Randwyck*

(l. s.) B. V* D, SantheuiseL

(l. s.) P. V. Bleifwyk.

(l. s.) W. C. H. Van Lynden*

(l. s.) D. y. Van Heeckeren*.

(l. s.) Jodn Van Kujfeler.

(l. s.) F. G. Van Dede??i, tot den'GeUer,

(l. s.) H, Tjajfem,

ORIGINAL.

Provifional Articles

BETWEEN THE

UNITED STATES OF AMERICA,

AND

HIS BRITANNIC MAJESTY.

ARTICLES

Agreed upon, by and between Richard Ofwald, Efquire, the Commijfioner of His Britannic MajeJly,for treating of Peace with the Cofn- mjjioners of the United States of America, in Behalf of his f aid Majefly, on the one Part, and john Adams, Benjahiin Franklin, John Jay, and Henry Laurens, four of the Coimnijfioners tf the f aid States, for treating of Peace with the Commijfioner of His f aid Majefly, on their Behalf, on the other Part, to be inferted in, and to confiitute the Treaty of Peace, propofed to be concluded between the Crown of Great- Britain and the f aid United States ; but which Treaty is not to be concluded until Terms of a Peace fhall be agreed upon between Great- Britain and France ; and His Britannic Ma* jefly fhall be ready to conclude fuch Treaty ac- cordingly.

WHEREAS reciprocal advantages and mutual convenience are found by ex- perience to form the only permanent founda- tion of peace and friendlhip between ftates ; it is agreed to form the, articles of the propofed

United States ac-

t 470 ]

treaty, on fuch principles of liberal equity srid reciprocity, as that partial advantages (thofe feeds of difcord) being excluded, fuch a bene- ficial and falisfaelory intercourfe between the" two countries may be eftabliihed, as to pro- rnife and fecure to both perpetual peace and harmony. : ^

ARTICLE I.

His Britannic Majefty acknowledges the faid United States, viz. New-Hampfhire, Maf* fachufetts-Bay, Rhode-Ifland and Providence knowicdg- Plantations, Connecticut, New- York, New- hec°{ove- Jer%> Pennfylvania, Delaware, Maryland, reign and Virgima,North-Carolina, South-Carolina, and ^m!*en" Georgia, to be free, fovereign and independent States ; that he treats with them as fuch ; and for himfelf, his heirs and fucceffors, relin- quishes ail claims to the government, propria ety and territorial rights of the fame, and every part thereof. And that all difputes which might arife in future, on the fubject of the boundaries of the faid United States may be prevented, it is hereby agreed and declared * that the following are, and (hall be their boun^ daries, viz.

ARTICLE II.

From the north-weft angle of Nova-Scotia^ Boundaries viz. that angle which is formed by a lirte, eftabhihed. cjrawn jue n0rth from the fource of St. Croix river to the Highlands ; along the faid High- lands which divide thofe rivers, that empty themfelves into the river St. Lawrence, from thofe which fall into the Atlantic ocean, to the northwefternmoft head of Connecticut ri- ver, thence down along the middle of that ri- ver, to the forty-fifth degree of north latitude ; from thence, by a line due weft on faid lati«

[ 47i 1

tude, until it ftrikes the river Iroquois Ca- Boundaries taraquy ; thence along the middle of faid ri- c ver into Lake Ontario, through the middle of faid lake until it ftrikes the communication by- water between that lake and Lake Erie; thence along the middle of faid communication into Lake Erie, through the middle of laid lake un- til it arrives at the water-communication be- tween that lake and Lake Huron ; thence along the middle of faid water-communication into the Lake Huron ; thence through, the middle of faid lake to the water- communica- tion between that lake and Lake Superior ; thence through Lake Superior northward of the ifles Royal and Philipeaux, to the Long Lake ; thence through- the middle of faid Long- Lake, and the water- communication between it and the Lake of the Woods, to the faid Lake of the Woods ; thence through the faid lake to the moft north-weftern point thereof, and from thence on a due weft courfe to the river Miffifippi ; thence by a line to be drawn along the middle of the faid river Miffifippi until it (hall interred the northernmoft part of the thirty-firft degree of north latitude. South by a line to be drawn due eaft from the determi- nation of the line laft mentioned, in the lati- tude of thirty-one degrees north of the Equa- tor, to the middle of the river Apalachicola or Catahouchi ; thence along the middle there-? of to its junction with the Flint river ; thence ftraighi to the head of St. Mary's river ; and thence down along the middle of St. Mary's river to the Atlantic ocean. Eaft by a line to be drawn along the middle of the river St. Croix, from its mouth in the Bay of Fundy to its fource, and from its fource directly north to the aforefaid Highlands which divide the

C 472 ]

rivers that fall into the Atlantic ocean, from thofe which fall into the river St. Lawrence ; comprehendingall if] ands within twenty leagues of any part of the mores of the United States, and lying between lines to be drawn due eaft from the points where the aforefaid bounda- ries between Nova-Scotia on the one part, and Eaft-Florida on the other, mall refpeclively touch the Bay of Fundy and the Atlantic ocean; excepting fuch iflands as now are, or hereto- fore have been within the limits of the faid proVmce of Nova-Scotia.

ARTICLE III.

It is agreed that the people of the United Right of States fhall continue to enjoy unmolefted the

cureZfe" r%ht to ta^e fi^ °f evei7 kind on the Grand Bank, and on all the other banks of Newfound- land ; alfo in the gulph of St. Lawrence, and at all other places in the fea, where the inhabi- tants of both countries ufed at any time here- tofore to fifh ; and alfo that the inhabitants of the United States fhall have liberty to take fim of every kind on fuch part of the coafl of Newfoundland as Britifh fimermen fhall ufe (but not to dry or cure the fame on that ifland); and aifo on the coafls, bays and creeks of all other of his Britannic Majefty's dominions in America ; and that the American fimermen mall have liberty to dry and cure fifh in any of the unfettled bays, harbours and creeks of No- va-Scotia, Magdalen iflands, and Labrador, fo long as the fame fhall remain unfettled ; but fo foon as the fame or either of them fhall he fettled, it fhall not be lawful for the faid fifher- rnen to dry or cure fifh at fuch fettlement, without a previous agreement for that purpofe with the inhabitants, proprietors or pofTenGrs of the ground.

r ml

ARTICLE IV.

It is agreed that creditors on either fide, fhall meet with no lawful impediment to the blf paidi recovery of the full value in fterling money, of all bona fide debfs heretofore contracted.

ARTICLE V.

It is agreed that the Congrefs fhall earneftly congreS recommend it to the legiflatures of the refpec- to «xom- tive ftates, to provide for the reftitution of all the^tae eftates, rights and properties, which have been "ftituJ.iPa^ connfcated, belonging to real Britifh fubjects, tedTftaS^ and alfo of the eflates, rights and properties of perfons refident in diftricls in the pofleflion of his Majefty's arms, and who have not borne arms againfi the faid United States. And that perfons of any other defcription mail have free liberty to go to any part or parts of any of the thirteen United States, and therein to remain, twelve months, unmolefted in their endeavours to obtain the reftitution of fuch of their eftates, rights and properties, as may have been con- nfcated ; and that Congrefs fhall alfo earneftly recommend to the feveral flates a reconfider- ation and revifion of all a&s or laws regarding the premifes, fo as to render the faid laws or atls perfectly confident, not only with juftice and equity, but with that fpirit of conciliation, which" on the return of the bleflings of peace mould univerfally prevail. And that Congrefs fhall alfo earneftly recommend to the feveral flates, that the eftates, rights and properties of fuch laft mentioned perfons, fhall be reftored to them, they refunding to any perfons who may be now in poflemon, the bona fide price (where- any has been given) which fuch per- fons may have paid on purchafirig any of the £ud lands, rights or properties9lfmce the con-*

Vol. L O 3

t/474 ] |

fifcation, And it is agreed, that all perfon* who have , any interefl in cqnfifcated lands.) either by debts, marriage fettlements, or other- wife, mail meet with no lawful impediment in the profeCution of their juft tights.

ARTICLE VI.

N further That there mall be no future confiscations

confifea- made, nor any profecutions commenced againfl:

dr°orec°u- an^ Per^on or perfons for, or by reafon of the

tioiiis. part which he or they may have taken in the

prefent war ; and that no perfon mail on that

account, fuffer any future lofs or damage,

either in his perfon, liberty or property, and

that thofe who may be in confinement on fuch

charges, at the time of the ratification of the

treaty in America, fhall be immediately fet at

liberty, and the profecutions fo commenced be

difcontinued.

ARTICLE VII. There mall be a firm and perpetual peace between his Britannic Majefty and the laid States, and between the fubjecls of the one Hofiiimes and the citizens of the other, wherefore all toceafe, & hoftilities both by fea and land fhall then im- miestobe mediately ceafe : all prifoners on both fides withdrawn, ihall be fet at liberty, and his Britannic Ma- jelly fhall with all convenient fpeed, and: with- out caufing any deftruction, or carrying away any negroes or other property of the Ameri- can inhabitants, withdraw all his armies, gar- rifons and fleets from the faid United States, and from every port, place and harbour with- in the fame ; leaving in all fortifications the American artillery that may be therein ; and fhall alfo order and caufe all archives, records, deeds and papers, belonging to any of the faid ftates, or their citizens, which in the courfe of thg war may have fallen inter the hands of

I 475 1

iiis officers, to be forthwith reftored and de- livered to the proper dates and perfons to whom they belong,

ARTICLE VIII.

The navigation of the river Miffifippi, from xt . .

» _ o r rf' . Navigation-

its iource to the ocean, mall tor ever remain 0f the Mtf- free and open to the fubje&s of Great-Britain, ?*Ppi1,°¥ and the citizens or the united btates. nations.

ARTICLE IX.

In cafe it ftiould fo happen that any place ©r territory belonging to Great-Britain or to Conquefb ; the United States, mould be conquered by livaTof r" the arms of either from the other, before the t&efe ■***- arrival of thefe articles in America, it is agreed, JDerica to that the fame mail be reftored without difficul- bcreftored* ty, and without requiring any compensation.

DONE at Paris, the thirtieth day of No- vember, in the year one thoujand /even hundred and eighty-two*

Richard Oswald, (l. s.)

John Adams, (l.. s.)

B. Franklin, (l. s.)

John Jay, (l. s.)

Henry Laurens, (l, s.) Witnefs,

Caleb Whitefoord,- Secretary

to- the Britijh Gommiffion. W. T. Franklin, Secretary

to the American Gommifjion*-

O R I G I N A I..

DEFINITIVE TREATY

O F

PEACE

BETWEEN THE

UNITED STATES OF AMERICA

AND

HIS BRITANNIC MAJESTY".

In the Name of the Moft Holy and Undivided Trinity.

IT having pleafed the Divine Providence to difpofe the hearts of the moft ferene and moft potent Prince George the Third, by the Grace of God King of Great-Britain, France and Ireland, Defender of the Faith, Duke of Brunfwick and Lunenburg, Arch-Treafurer and Prince Elector of the Holy Roman Em- pire, &c. and of the United States or America, to forget all paft mifunderftand- ings and differences that have unhappily inter- rupted the good correfpondence and friend- ship which they mutually wifh to reft ore; and

to eftablifh fuch a beneficial and fatisfaftorv

j intercourfe between the two countries, upon

the ground of reciprocal advantages and mu- tual convenience, as may promote and fecure to both perpetual peace and harmony : And having for this deftrable end, already laid the foundation of peace and reconciliation, by tile ■provifioaal articles^ figned at Paris> on. the

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thirtieth of November, one thoufand feven: hundred- and eighty-two, by the com-miflion- crs empowered on each part, which articles were agreed to be inferted in, and to consti- tute the treaty of peace propofed to be con- cluded between the crown of Great-Britain and the faid United States, but which treaty was not to be concluded until terms of peace mould be agreed upon between Great- Britain and: France, and his Britannic Majefty mould be ready to conclude fuch treaty ac- cordingly ; and the treaty between Great-Bri- tain and France, having- nnce been concluded, his Britannic Majefty and the United States of America, in order to carry into full effect the provisional articles abovementioned,. according to the tenor thereof, have conftituted and ap- pointed, that is to fay, His Britannic Majefty on his part, David Hartley, Efquire, Mem- ber of the Parliament of Great-Britain ; and the faid United States on their part, John Adams, Efquire, late a Commiffioner of the United States of America at the Court of Ver- sailles, late Delegate in Congrefs from the ftate of Maflachufetts,. and Chief Juftice of the faid ftate, and Minifter Plenipotentiary of the laid United States to their High MightinelTes the States General of the United Netherlands ; Benjamin Franklin, Efquire, late Delegate in Congrefs from the ftate of Pennfylvania, Pre- fident of the Convention of the faid ftate, and. Minifter Plenipotentiary from the United States of America at the Court of Verfailles ; John Jay, Efquire, late Prefident of Congrefs, and Chief Juftice of the ftate of New- York,, and Minifter Plenipotentiary from the faid United States at the Court of Madrid, to be the Plenipotentiaries for the concluding and

£ 479 3

figning the prefent definitive treaty ; who af- ter having reciprocally communicated their refpective full powers, have agreed upon and confirmed the following articles.

ARTICLE I.

His Britannic Majefty acknowledges the faid United States, viz. New-Hampihire, Maffa- states 2^ chufetts-Bay, Rhode-Mand and Providence knowie^ ' Plantations, Connecticut, New- York, New- ;ndepfa. Jerfey, Pennfylvania, Delaware, Maryland, d-nt- Virginia, North-Carolina, South- Carolina, and Georgia, to be free, fovereign and inde- pendent States ; that he treats with them as mch ; and for himfelf, his heirs and fuccef- fors, relinquimes all claims to. the government, propriety and territorial rights of the fame, and every part thereof,

ARTICLE IL

And that all difputes which might arife ill future, on the fubjecl: of the boundaries of the ^aat&fliedu faid United States may be prevented, it is here* by agreed and declared, that the following- are, and fhall be their boundaries, viz. From the north-weft angle of Nova-Scotia, viz. that angle which is formed by a line, drawn due north from the fource of Saint Croix river to the Highlands; along the faid Highlands which divide thofe rivers, that empty them- felves into the river St. Lawrence, from thofe which fall into the Atlantic Ocean, to the northwefternmoft head of Connecticut river, thence down along the middle of that river, to the forty-fifth degree of north latitude ; from thence, by a line due weft on faid latitude, un- til it ftrikes the river Iroquois or Cataraquy ; thence along the middle of faid river into Lake Ontario, through the middle of faid, lake until

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Boundar-cs it ftrikes the communication by water betWeerl «Itablilhed- that lake and Lake* Erie; thence along the middle of laid communication into Lake Erie> through the middle of faid lake until it arrives at the water-communication between that lake and Lake Huron ; thence along the middle of faid water-communication into the Lake Huron ; thence through the middle of faid lake to the water- communication between that lake and Lake Superior ; thence through Lake Superior northward of the ifks Royal and Philipeaux, to the Long Lake ; thence through the middle of faid Long Lake, and the water communication between it and the 1 Lake of the Woods, to the faid Lake of the

Woods ; thence through the faid Lake to the mod north-wefterh point thereof, and from thence on a due well courfe to the river Mif- fifippi ; thence by a line to be drawn along the middle of the laid river MiiTifippi until it mall interfect the northernmoil part of the thirty- flrft degree of north latitude. South by a line to be drawn due eaft from the determination of the line lail mentioned, in the latitude of thirty-one degrees north of the Equator, to the middle of the river Apalachicola or Cata- houche ; thence along the middle thereof to its junftion with the Flint river; thence ftraighfc to the head of St. Mary's river ; and thence down along the middle of St. Mary's river to the Atlantic ocean. Eaft by a line to be drawn along the middle of the rjver St. Croix, from its mouth in the Bay of Fundy to its fouree, and from its fouree direcldy north to the afore- faid Highlands which divide the rivers that fall into the Atlantic ocean, from thofe which fall into the river St. Lawrence : comprehending all iflands within twenty leagues of any part of

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the fhores of the United States, and lying be- tween lines to be drawn due eaft from the points where the aforefaid boundaries between Nova-Scotia on the one part, and Eaft-Florida on the other, mail refpeclively touch the Bay of Fundy and the Atlantic ocean ; excepting fu'ch illands as now are, or heretofore have been within the limits of the faid province of Nova- Scotia.

ARTICLE IIL

It is agreed that the people of thellnited States Right at mall continue to enjoy unmolefted the right to ^S ^ take fifh of every kind on the Grand Bank, and on all the other banks of Newfoundland ; alfo in the gulph of St. Lawrence, and at all other places in the fea, where the inhabitants of both countries ufed at any time heretofore to fifh j and alfo that the inhabitants of the United States mall have liberty to take fifh of every kind on fuch part of the coaft of Newfound- land as Britifh fTfhermen mail ufe (but not to • dry or cure the fame on that ifland) ; and alfo on the coafts, bays and creeks of all other of his Britannic Majefty's dominions ill America 5 arid that the American fimermen mall have li- berty to dry and cure fifh in any of the unfet- tled bays, harbours and creeks of Nova-Scotia,- Magdalen iflands, and Labrador fa long as the fame mall remain unfettled ; but fo foon as the fame or either of them mall be fettled* it mail not be lawful for the faid fifherinen to dry or cure fifh at fuch fettlement, without a previous agreement for that purpofe with the inhabitants, proprietors or poiTefTors of the ground.

ARTICLE IV. .

It is agreed that creditors on either fide., fliall meet with no lawful impediment to the

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»cbss,tobe recovery of the full value in fterling money,, of all bona fide debts heretofore contracted. .

ARTICLE V.

It is agreed that the Congrefs fhall earnefl- Congrcfs ty recommend it to the legislatures of the reS- t<> rccoin- peclive dates, to provide for the reftitution of the ftaces all eftates, rights and properties, which have Reftitution been confiscated, belonging; to real Britifh fub-

ol corifsfca-

'•.a tibtcs. jecls, and alfo of the eftates, rights and pro- perties of perSons relident in diftricls in the poffeffion of his Majefty's arms, and who have not borne arms againft the faid United States. And that perfons of any other defcription (hall have free liberty to go to any part or parts of any of the thirteen United States, and therein to remain twelve months, unmolefted in their endeavours to obtain the restitution of Such of their eftates, rights and properties, as may have been confiscated.; and that Congrefs fhall alfo earnefrly recommend to the Several Slates a reconfideration and revision of all acts, or laws regarding the premifes, So as to render the faid laws or acls perfectly eonfiftent, not only with juftice and equity, but with that Spirit of conciliation, which on the return of the blef- fmgs of peace Should univerfally prevail. And that Congrefs fhall alSo earneftly recommend to the Several ftates, that the eftates, rights and properties of Such laft mentioned perSons Shall be reftored to them, they refunding to any perfons who may be now in pciteffion, the bona fide price (where any has been given) which Such perfons may have paid on purchas- ing any of the faid lands, rights or properties, iince the confiscation. And it is agreed, that all perSons who have any intereft in confiscated lands, either by debts, marriage Settlements,

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■or otherwife, mall meet with no lawful impe- diment in the profecution of their jufl rights.

ARTICLE VI. That there mail be no future confiscations made, nor any profecutions commenced againft eonfiftk- any perfon or perfons for, or by reafon df the tions or part which he or they may have taken in the Sobs.0"" 1 prefent war ; and that no perfon fliall, on that account, fuffer any future lofs or damage, ei- ther in his perfon, liberty or property ; and that thofe who may be in confinement on fuch charges, at the time of the ratification of the treaty in. America, mall be immediately fet at liberty, and the profecutions fo commenced bs discontinued.

ARTICLE VII.

There fhall be a firm and perpetual peace <

between his Britannic Majefty and the faid to^eafc^" States, and between the fubjects of the one B and the citizens of the other, wherefore all hos- tilities, both by fea and land, fhall from hence- forth ceafe : all prifoners on both fides mail be fet at liberty, and his Britannic Majefty fliall, with all convenient fpeecl, and without caufmg any deftruclion, or carrying away any negroes ■or other property of the American inhabitants, "withdraw all his armies-, garrifqns and fleets from the faid United States, and from every poll, place and harbour within the fame ; leav- ing in all fortifications the American artillery that may be therein ; and mail alio order and caufe all archives, records, deeds and papers, belonging to any of the faid dates, or their citizens, which in the courfe of the war may have fallen into the hands of his officers, to be forthwith reftored and delivered to the pro- per ftates and perfons to whom they belong.

ritilli hi iriies 10 : withdraw

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ARTICLE VIIL

The navigation of the river Miflifippi, from JfaSfS 'lts fource to the ocean, fliall for ever remain fifipj to be free and open to the fubjects of Great-Britain, S ,both and the citizens of the United States.

ARTICLE IX.

In cafe it mould fo happen that any place Conquefts or territory belonging to Great-Britain or to rival of , the United States, mould have been conquered thefe arti- j^y tke arms 0f either from the other, before

cies 111 •

America, to the arrival of the faid provifional articles in be reftorec1. America, it is agreed, that the fame fhall be reftored without difficulty, and without re- quiring any compenfation.

ARTICLE X. The folemn ratifications of the prefent trea- Ratifka- %Ti exPedited in good and due form, fliall be tion. exchanged between the contracting parties,

in the fpace of fix months, or fooner if pofiible, to be computed from the day of the fignature of the prefent treaty. In witnefs whereof, we the underfigned, their Miniflers Plenipotenti- ary, have in their name and in virtue of our full powers, figned with our hands the pre- fent definitive treaty, and caufed the feals of /our arms to be affixed thereto.

DONE at Paris, this third day of Septem- ber, in the year of our Lord one thoufand feven hundred and eighty-three.

D. Hartley, (l. s.)

John Adams, (l. s.)

B. Franklin, (l. s.)

John Jay, (l. s.)

Table of Contents.

PAGE

CONSTITUTION of the United States, 5

A£ts paffed at the Firfl: Seffion of the Firft Congrefs,

CHAPTER ■ PACE

I. An act to regulate the time and manner of adminifiering certain oaths, 25

II. An acl for laying a duty on goods, wares, and merchandizes imported into the Uni- ted States, 28

III. An acl impofing duties on tonnage, 28

IV. An acl for cflablijhing an executive de- partment, to be denominated the depart- ment of foreign affairs, 259

V. An acl to regulate the colleclion of the du- ties impofed by law on the tonnage efflnps or veffls, and on goods, wares and mer- chandizes imported into the Unjted States, 1 8 VI. An acl for fettling the accounts between

the United States and individual f I ates, 29

VII. An acl to efkabUfo an executive depart- ment, to be denominated the department of war, 30

VIII. An acl to provide for the government of

the territory north-wefl of the river Ohio, 32 IX. An acl for the efiablifoment and fupport of light- houfes, beacons, buoys, and public piers, ^ ,, 2>l

X. An acl providing for the expences which may attend negotiations or treaties with the Indian tribes, and the appointment of r commijfioners for managing the fame, $5

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CHAPTER PAGE

XI. An acl for regijlering and clearing vejfels, regulating the coafling-trade, and for other purpofes, 35

XII. An acl to eflabUfo the treafury department, 36

XIII. An acl for eflablifhing the falaries of the executive officers of 'government , with their affiftants and clerks, 40

XIV. An acl to provide for the fafe-keeping of the a els, records, and feal of the United States, and for other purpofes, 41

XV. An acltofufpendpartofanacl, entitled, c' an act to regulate the colleclion of the du- ties impofed by law on the tonnage offhips or vefjels, and on goods, wares, and mer- . chandizes, imported into theUnited States, iy and for other purpofes, 44

XVI. An acl for the temporary eftablfhment of

the peft -office, 44

XVII. Am acl for allowing compenfation to. the Members of the Senate and Houfe of Re- prefentatives of the United States, and to the officers of both Houfes, 45

XVIII. An ail for allowing certain compenfation to the judges of the Supreme and. other Courts, and to the Attorney-General of the United States, 45

XIX. An acl for allowing a compenfation to the Prefident and Vice-Prefident of the United 1 States, 46

XX. An acl to ejlabiifo the Judicial Courts of

the United States, 47

XXI. An acl to regulate proceffes in the courts

of the United Stales, J $

XXII. An acl to explain and amend an acl, in- tituled, " an acl for regijlering and clear- ing vejfels, regulating the coajling trade, andfor other purpofes ," 75

[ 437 ]

. 1PTER PAGE

XXIII. An acl making appropriations for the fer- vlce .of the prefect year, f/S

XXIV. An ait providing for the payment of the invalid penf loners of the United States, J J

XXV. An ad to recognize and adapt to the Con- futation of the United States the ejlablijh- ment of the troops raifed under the refolves of the United States in Congrefs afembled, and for other purpofes therein mentioned, 77

XXVI. An acl to allow the Baron de Glaubeck the pay of a captain in the army of the United States, J 'J

XXVII. An acl to alter the time for the next mee- ting of Congrefs, *]J

A£ts paffecl at the Second Seffion of the Firfl Congrefs,

CHAPTER PAGE

L An acl for giving effecl to the feveral acl s therein mentioned, in refpecl to the ft ate of North -Carolina, and other purpofes, 81 II. An acl providing for the enumeration of the inhabitants of the United States, 8 1

III. An acl to eftablljh an uniform rule of na- turalization, 87

IV. An ail making appropriations for the f up-

port of government, for the year one thou-

J and feven hundred and ninety, 87

V. An acl to prevent the exportation of goods not duly infpecled according to the hrws

of the feveral Jiaies, 9 1

VI. An acl to accept a cejfion of the claims of the/late of- North -Carolina, to a certain dljtrld; oj wejlern territory, 92

VII. An acl to promote, the progrefs of vfeful

arts, 99

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CHAPTER PA&&

VIII. An ad further to fufpend part of an acl, intituled, " an acl to regulate the collec- tion of the duties impofed by law on the ton- nage of jhips or vcffels, and on goods, wares, and merchand'fes, imported into the United States," and to amend the f aid acl, 1 co

IX. An acl for the punifhmsnt of certain crimes

againjl the United States, 1 oo;

X. Jin act for regulating the military ejiablifh-

ment of the United States, 114

XL An aft toprefcribe the mode in which the public acts, records, and judicial proceed- ings, in each flate, Jhall be authenticated fo af to take ejfecl in every other flate, 1 1 5

XII. An acl to provide for mitigating or remit- ting the forfeitures and penalties accruing under the revenue laws, in certain cafes therein mentioned^ 116

XIII. An acl to continue in force an acl paffed at the laft fejfion of Congrefs, entitled, u ah act to regulate proceffes in the courts of the United States " 118

XIV. An acl for the government of the Territory of the United States, fouth of the river Ohio, 1 1 8

XV. An "acl for the encouragement of learn- ing, by fe curing the copies of maps, charts and books, to the authors and proprietors of fuc h copies, during the times therein mentioned, 1 1 8

XVI. An acl for finally adjujling and fatisfying the claims of Frederick William De Steu- ben, 1 2J

XVII. An acl for giving ejfecl ''to an acl, inti- tuled, Ci An acl to eftablifh the judicial courts of the United States " within the Hate of North-Carolina, 123-

r [ 489 3

CHAPTER PJGJ^

XVIIL An acl fupplemental to the acl for ejia- blijhing the falaries of the executive offi- cers of government, with their ajjifiants and clerks, 125

XIX. An acl for giving effecl to the feveral dels, therein mentioned, in refpecl to the Jiate of Rhode-IJland and Providence Plantations, J^5

XX. An acl for the relief of Thomas Jenkins

and Company, 126

XXL An acl for giving effecl to an acl, intitu- led, " An acl to ejlablijh the judicial courts of the United States," zvithin the Jiate of Khode-ljland and Providence Planta- tions, 126 XXII. An acl providing the means of intercourfe between the United States and foreign nations, 12S,

XXIII, An acl to fatisfy the claims of John MiCord againji the United States, 129

XXIV. An acl for the relief of Nathaniel Twi- ning, 129

XXV. An acl for giving effecl to an acl, intituled, *5 An acl providing for the enumeration of the inhabitants of the United States" in refpecl to the Jiate of Rhode-Ifland and Providence Plantations, 129

XXVI. An acl to authorize the purchafe of a tracl of land for the.ufe of the United States, 1 3 1 ;

XXVII. An ad: further to provide for the payment of the invalid pen/ioners of the United States, 1 3 t

XXVIII. An acl for ejiablifloing the temporary and permanent feat of the government of the United States, 132

Vol. I. C^'3

C 490 J

mAPTRR PAGE'

XXIX. An acl for the government and regulation

of fe amen in the merchants fervice, 1 34

XXX. An acl impofing duties on the tonnage of

fhips or vefels, 144

XXXL An acl providing for holding a treaty or treaties to eftablifh peace with certain In- dian tribes ■, 146 XXXII. An acl to amend the acl for the efla- blijhment and fupport of light-houfes, bea- cons, buoys, and public piers, 146 XXXIIL An acl to regulate trade and intercourfe

with the Indian tribes, 147

XXXlV. An acl making provifion for the debt of the

United States,. 147

XXXV. An acl to provide more effectually for the colleclion of the duties impofed by law on goods, wares and merchandize imported into the United States, and on the tonnage

of fhips or veffeis, 162

XXXVI. An acl to continue in forte for a limited time, an acl, intituled, " an acl for the temporary eflabtijhment of the pofl-office," 244

XXXVII. An act for the relief of John Stewart

and John Davidfon, 244

XXXVIII. An acl to provide more effeclually for the fettlement of the accounts between the Uni- ted States and the individual flates, XXXIX. An acl making further provifion for the

pay?nent of the debts of the United States, H7 XL. An acl to enable the officers and foldiers of the Virginia line on continental efiablifh- ment, to obtain titles to certain lands lying north-weji of the river Ohio, between the Little Miami and Sciota, 254

XLL An acl authorizing the Secretary of the Treafury to finifh the light-houfe on Port- land-Headt in the dijirict of Maine, 257

£ 49i J

€£{ AFTER PACE'

JlLII. An acl to alter the times far holding the circuit courts of the United States in the dijlricls of South-Carolina and Georgia, and providing that the dijlricl court of Pennfylvania, jhall in future be held at the city of Philadelphia only,. 258

XLIIL An acl declaring the affeni of Congrefs to certain acls of the Jlates of Maryland, Georgia, and Rhode- IJland and Provi- dence Plantations, 259

XLIV. An acl for the relief of difabled foldiers and feamen lately in the fervice of the Uni- ted States, and of certain other perfons, 259, XL V. An acl for the relief of the perfons there- in mentioned ?r defer ibed, 263

XL VI. An acl making certain appropriations

therein mentioned, 265

XL VII. Am acl making provijion for the reduc- tion of the public debt, 16%

Afts pa!Ted at the Third Seffion of the Firfl Congrefs,

CHAPTER PAGE

I. An acl fupplementary to the acl, intitled, c; an acl making further provifion for the payment of the debts of the United States," 275 JI. An ac~i to provide for the unlading tf jhips

or vcffels, in cafes of objlruclion by ice, 2 7 6 III. An acl to continue an acl, intituled, iC an ail declaring the ajfent of Congrefs to cer- tain acls of 'the Jlates of Maryland, Geor- gia, and Rhode-JJland and Providence Plantations" fo far as the fame refpecls the Jlates of Georgia, and Rhode-ljland and Providence Plantations, ijy

t 492 3

mJPTER PAGE

IV. An aft declaring the, confent of Congrefs, thai a new Jlate be formed within the jurifdiclion of the conunonwealih of Vir- ginia, and admitted into this Union, by the name of the fiate of Kentucky, 278

V. An acl declari?ig the confent of Congrefs

to a certain acl of the Jlate of Maryland, 279 VI. An acl making appropriations for the fupport of government during the year one thoufand feven hundred and ninety-one, and for other purpofes, 279

VII.- An ad: for the admijjhn of the Jlate of

Vermont into this Union, 28s

VIII. An acl to continue in force, for a limited time, an acl paffed at the Jirjl fejfion of Congrefs, intituled, " an acl to regulate proceffes in the courts of the United States," 282

IX. An acl regidating the number ofreprefen- tatives to be chofen by the Jlates of Ken* • tucky and Vermont', 282

I X. An acl to incorporate the fubferibers to

the bank of the United States, 283

;: XI. An acl fupplemcntary to the acl, intitu-

led, *' an act to incorporate the fubferi- bers to the bank of th& United States," 295 XII. An acl giving ejfeel to the Jaws of the

United States within the fcaie of Vermont, 297 XIII. An acl to explain and amend an act, inti- tuled:, cc an acl making further provijlon for the payment of the debts of the United States" 299

' XIV. An acl fixing the time for the next annu- al 'meeting of Congrefs, 30© XV. An acl repealing, after the lajl day of fane next, the duties heretofore I aid upon dijlilled fpirits imported from abroad,

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CHAPTER ^ PAGE

" and laying others in- their fie ad ; and alfo upon fpirits difiiUed within the Uni- ted States, and for appropriating the fame, 301

XVI. An act making an appropriation for the

purpofe therein mentioned, , 338

XVII. An acl to amend " an acl, for efiablifhing the temporary and permanent feat of the government of the United States," 339

XVIII. An acl fupplemental to the acl " eftablifh- k ing the treafury department" and for a farther compenfation to certain officers, 3450 XIX. An acl relative to the rix'dollar of Den-

mark, 342

XX. A?i acl in addition to an acl, intituled, " an acl for efiablifhing the falaries of the executive officers of government, with their affiflanis and clerks, 343

XXI. An acl for making cornpenfations to the commljfioners of loans, for extraordinary expenfes, 344

' XXII. An acl providing cornpenfations for the officers of the judicial courts of the United States, and for jurors and witneffes , and for other purpofes, 345

XXIII. An acl to continue in force for a limited time, an ad;, intituled, " an acl for the temporary ejlabiijhment of the poft-qffice" 345

XXIV. An acl to continue in force*the acl therein mentioned, and to make further provi/ion for the payment ofpenfions to invalids, and

-for the fupport of lighi-hoifes , beacofis, buoys, and: public piers, 345

XXV. An acl fupplemeniory to the acl, making provifon for the redutlion of the public debt, 347

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CHAPTER PAGE

XXVL An acl making farther provifion for the colleclion of the duties by law impofed on teas, and to prolong the term for the pay- ment of the duties on wines, 348 XXVII, An acl for granting lands to the inhabi- tants and fettlers at Vincennes and the Illinois country, in the territory north-weji of the Ohio, and for confirming them in their poffejjions, 352 XXVIII. An acl for raifing and adding another regiment to the military eftablifhment of the United States, and for making farther provifion for the protection of the fron- tiers, 3$

iw.iMHWWiggs&guaaa'iM

The Treaties made by the United States of America,, with Foreign Nations,

PAGE

Treaty of alliance between the United States of America and his mofi Ghriftian Majefly, 366*

Treaty of amity and commerce between the United States of America and his mofi Chriflian Ma- jefly, ^ 378

Treaty of amity and commerce between their High Might inefjes the States General of the United ' Netherlands, and the United States of America, 420

Convention between the Lords the States General of the United Netherlands, and the United States of America, concerning vefifels recap- tured, 462

Provifional articles between the United States ef America^ and his Britannic Majefly, 469

Definitive Treaty of Peace between the United ■States of America and his Britannic Majejiy, 477

Done

RICHARD FOLWELL, No. 33, Carter's Alley.

I N T I N G

Expedition and Care, by

P|PH| ^

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