ICibrar^v
IN TME CUSTODY OF THE
BOSTON PUBLIC LIBRARY.
BOSTON PUBLIC LIBRARY
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BOSTON PUBLIC LIBRARY
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PASSED AT THE
FIRST SESSION
OF THE
C O N G R. E S
OF THr
ITED STATES
OP
AMERICA,
BEGUN AND HELD AT THE CITY OF NETv-YORKj
ON WEDNESDAY THE FOURTH OF MARCH,
IN THE YEAR M5DCC5LXXXIX :
AND OF THE
^DEPENDENCE OF THE UNITED STATES
THE THIRTEENTH,
'ilWnUMITWf"rTf
PHILADELPHIA :
PRINTED BY FRANCIS CHILDS AND JOHN SWAINE3
rRIKTIR3 TO THE UNITED STATES*
" ADA-:;/?/, t
7
CONSTITUTION
OF THE
UNITED STATES.
■^l^^TE, The People of the UPxited States, in order to
y %^ form a more perfed Union, eftabiiili Juftice, in-
fure domeflic Tranquility, provide for the common De-
fence, promote the general Welfare, and fecure the Blef-
fmgs of Liberty to ourfelves and our Pofterity, do ordain
AND ESTABLISH this CONSTITUTION for the Uni-
ted States of America.
ARTICLE I.
Seci. I. ALL legiflative powers herein granted, fhall
be veiled in a Congrefs of the United States, which lliall
confift of a Senate and Houfe of Reprefentatives.
Secf. 2. The Houfe of Reprefentatives ihall be com-
pofed of members chofen every fecond year by the people
of the feveral flates ; and the eie^lors in each ftate fl:iall
have the qualifications requifite for electors of the mod nu-
merous branch of the ftate legillature.
No perfon fhali be a Reprefentative who fhall not have
attained to the age of twenty-five years, and been i^even
years a citizen of the United. States, and who fliall not,
when elected, be an inhabitant of that (late in which he
fhall be chofen.
Reprefentatives and dire£t taxes (Ir^W be apportioned
among the feveral fcates which may be included within
this Union, accordino- to their refpe^Mve numbers, w^hicli
B
[63
fliall be determined by adding to the whole number of free
perfons, including thofe bound to fervice for a te^m of
years, and excluding Indians not taxed, three fifths of
all other perfons. The actual enumeration fliail be made
within three years after the firlt meeting of the Congrefs
of the United States, and within every fubfequent term
of ten years, in fuch manner as they fnall by law di-
rect. The number of Reprefentatives fnall not exceed one
for every thirty thoufand, but each ftate fliall have at leaft
one Reprefentative ; and until fuch enumeration (liall be
made, the flate of Nevz-Hampfliire fliall be entitled to
chufe three ; Malfachufetts, eight ; Rhode-Iiland and Pro-
vidence Plantations, one ; Connecticut, five; New- York,
-fix ; New-Jerfey, four ; Pennfylvania, eight ; Delaware,
one ; Maryland, 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 iilue writs of
election to fill fuch vacancies.
The Houfe of Reprefentatives fnall chufe their Speaker
and other officers ; and fliall have the fole power of im-
peachment.
Secf, 3. The Senate of the United States fliall be com-
pofed of two Senators from each flate, chofen by the le-
giflature thereof, for fix years ', and each Senator fliall
have one vote.
Immediately after they fhall be affembled in confequence
of the firfl election, they fhall be divided as equally as may
be into three claffes. The feats of the Senators of the firft
clafs fhall be vacated at the expiration of the fecond year,
of the fecond clafs at the expiration of the- fourth year, and
of the third clafs at the expiration of the fixth year, fo that
one third may be chofen every fecond year ; and if vacan-
cies happen by refignation, or otherwife, during the re-
cefs of the legiflature of any ftate, the executive thereof
may make temporary appointments until the next meeting
of the legiflature, which fhall then fill fuch vacancies.
No perfon fliall be a Senator who fhall not have attained
to the age of thirty years, and been nine years a citizen of
[ 7 3
the United States, and who fhall not when ele£i:edj be an
inhabitant of that ft ate for which he fliall be chofen.
The Vice-Prelident of the United States fhall be Prefi-
dent of the Senate, but fliall have no vote, unlefs they be
equally divided.
The Senate fliall chufe their other officers, and alfo a
Prerident/>ro tempore^ in the abfence of the Vice-Prefident,
or when he ihall exercife the office of Prefident of the Uni-
ted States.
The Senate ihall have the fole power to try all impeach-
ments. When fitting for that purpofe, they Ihall be on oath
or affirmation. When the Prefident of the United States is
tried, the Chief Juftice fliall prefide : and no perfon fliall
be conVicled without the concurrence of two thirds of the
members prefent.
Judgment in cafes of impeachment fliall not extend fur-
ther than to removal from office, and difqualification to
hold and enjoy any office of honor, trufl or profit under the
United States ; but the party convicted fhall neverthelefs
be hable and fubjed: to indidment, trial, judgment and
puniihment according to law.
Sed:. 4. The times, places and manner of holding elec-
tions for Senators and Reprefentatives, fhall be prefcribed
in each ftate by the legiflature thereof : But the Congrefs
may at any time by law make or alter fuch regulations, ex-
cept as to the places of chufing Senators.
The Congrefs fhall aflemble at leafc once in every year,
and fuch meeting fhall be on the firfl Monday in December,
unlefs they fhall by law appoint a different day.
SeB, 5. Each Houfe fhall be the judge of the ele(^ions,
returns and qualifications of its own members, and a ma-
jority of each fhall conftitute a quorum to do bunnefs ; but
a fmaller number may adjourn from day to day, and may
be authorized to compel the attendance of abfent mem-
bers, in fuch manner, and under fuch penalties as each
Houfe may provide.
Each Houfe may determine the rules of its proceedings,
punifh its members for diforderly behaviour, and, with
.the concurrence of two thirds, expel a member.
C 8 ]
Each Houfe fhall keep a journal of its proceedings, and
from time to time publiih 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, (hall,
at the defire of one fifth of thofe prefent, be entered on the
journal.
Neither Houfe, during the felTion 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.
Sed» 6. The Senators and Reprefentatives fhall receive
a compenfation for their fervices, to be .afcertained by
law, and paid out of the treafury of the United States.
They fliail in all cafes, except treafon, felony and breach
of the peace, be privileged from arreil during their attend-
ance at the feflion of their refpqftive Houfes, and in going
to and returning from the fame ; and for any fpeech or de-
bate in either Houfe, they fhall not be quellioned in any
other place.
No Senator or Reprefentative fhall, during the time for
which he w^s eleded, be appointed to any civil ofHce under
the authority of the United States, which fhall have been
created, or the emoluments whereof fhall have been en-
creafed during fuch time ; and no perfon holding any of-
iice under the United States, fhall be a member of either
Houfe during his continuance in office.
Seel. 7. All bills for railing revenue fhall orginate in
the Houfe of Reprefentatives ; but the Senate may propofe
or concur with amendments as on other bills.
Every bill which fliall have paffed the Houfe of Repre-
fentatives and the Senate, fnall, before it become a law,
be prefented to the Prefident of the United States : If he
approve he fliall fign it ; but if not he fhall return it, with
his objections, to that Houfe in which it fhall have origi-
nated, who fliall enter the objedions at large on their jour-
nal, and proceed to reconfider it. If after fuch reconfide-
ration, two thirds of that Houfe fliall agree to pafs the bill,
it fliall be fent, together with the objedions, to the other
Houfe, by which it fliall likev/ife be reconfidered, and if
[ 9 ]
approved by tv/o thirds of thatHoufejit (hall become a law.
But in all juch cafes, the votes of both Houfes Caali be de-
termined by yeas and nays ; and the names of she perfons
voting for andagainlt the bill, lliall be entered en ': ;
journal of each Houfe refpeclively. If any bill fhall not be:
returned by the Prefident within ten days (Sundays ex-
cepted) after it fnall have been prefented to him, i he fame
fhall be a law, in like manner as if he had fignsd it, unlefa
the Congrefs by their adjournment prevent its return, in
which cafe it (hall not be a law.
Every order, refolution or vote to which the concurrence
of the Senate and Houfe of Reprefentatives may be necef-
fary (except On a queflion of adjournment) fliali be pre-
fented to the Prefident of the United States ; r.nd before
the fame (hall take effeQ, ihail be approved by him, or
being difapproved by him, (liall be repaifed by two thirds
of the Senate and Houfe of Reprefentatives, according to
the rules and limitations prefcribed in the cafe of a bill.
Sed» 8. The Congrefs iliail have power-—
To lay and colle6t taxes, duties, impofts and excifes^ to
pay the debts and provide for the common defence and ge-
neral welfare of the United States ; but all duties, impofts
and exci fes 5 fnall be uniform throughout the United States:
To borrow money on the credit of the United States :
To regulate commercewithforeignnations, and amonc!^
thefeveral dates, and wdth the Indian tribes :
To eftablifh an uniform rule of naturalization, anduni-
form laws on the fubje-ft of bankruptcies throughout the
United States :
To coin money, regulate the value thereof, and of fo-
reign coin, and hx ixiQ (landard of weights and meafures :
To provide for the punifhment of counterfeiting the fe-
curities and current coin of the United Slates :
To edablilh poil-ofiices and poft-roads :
To promote the proo refs of fcience and ufeful arts bv
fecunng for limdted times to authors and inventors the ex-
clufive right to their refpeclive writings and difcoveries :
To conftitute tribunals inferior to the fupreaie court :
C 10 ]
-"T^llBfixM^^&^iXtn^ l^itacies and fefeMe^ G^mitted
6n the higtV fea's^-'and'dfFeiices againd the kvv of nations :
To declafe war, grant letters of marque and reprilal,
and make rules concerning captures on-^land and water :;
'T6,fSLfe'anci flipport armies ; but hov appropriation of
v^oMj'io &ivuf&il\2ii\ be for a longer term than^ two years:
To provide and maintain a navy : ''^^ - ■ v: . - ■
To make Mes for the government and regulation of the
land and naval forces :
To provide for calling forth the militia to execute the
liws of Ae^- Union 5 fupprefs infur regions and repel -in>4
fafiong :' • ti ^
To^provide for orpanizing-. armine« and difciplinins^ the
militia, and for governing luch part of them as may be em-
plo^edin theferviceof the United Staties, referving to the
fi'cite's refpeftively, the appointment of the officers, and the
authority of training the militia according to the diicipline
preftribecl by Cono; reis : - :;> - -.uu^
To exercife exclufive legiHation in all cafes wh-atfbever,
ovfei* fuch diftricl (not exceeding ten miles fquare) as may
by ceifi'6n of particular fetes-, and the acceptance of Con-
grefs^' bet'fe^e the feat b*f the govemmeiTt -of-the United:^
States, and tQ exercife like authority over aM places pmi
chafed by the confeiit of the legiflature of the itat'e in -a^hich
the fame "fli ail be, for theereccion efforts, magazines, rr-
fenal's, dock'-yards, and other needful buildings r—^ And/ .
To make all laws which fliall be neceifaryaftd proper
for catry!ng:ihto execution^ the foregoing pc)V/er§v^^^^^
other powers:vefted by this Coliftitution in the government
of the United States, or In any department or officer thereof.
Seel, g. The migration or importation of fuch perfons
as any of the States now exifting ihall think proper to ad-
mit, faall not be prohibited by the Congrefs prior to the
year oiic tHbuiatii 'eight hundred and eight-f^ b tax or
duty may't}^ impbfM on fiich importati riot'^e^caeding
ten "dbllarsfer 'each perfbn. i: I Oi 'iO .i^^h; <;
The privilege of the writ cf habeas corpt^s' ^\n\\ notte
fulj.:)ended, uiilefs when in cafes of rebeUion or invafion
the public fafety may require it.
C I' ]
No bill of attainder or ex poji fado law fhall be pafled.
No capitation, or other dired tax fhall be laid, unlefs
in proportion to the cenfus or enumeration herein before
direded to be taken.
No tax or duty fhai! be laid on articles exported from
any flate. No preference fhall be given by any regulation
of commerce or revenue to the ports of one ftate over thofe
of another : nor fhall vefTels bound to. or from, one ftate
be obliged to enter, clear, or pay duties in another.
No money fhall be drawn from the treafury, but i;a con-
fequence of appropriations made by law ; and a regular
flatement and account of the receipts and expenditures of
ail 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 ofHce of profit or trufl
under them, (hall, without the confent of the Congrefs,
accept of any prefent^ emolument, ofiice, or title of any
kind whatever, from any king, prince or foreign ftate.
Sed» lo. No flate fhall enter into any treaty, alliance
or confederation ; grant letters of marque and reprifal ;
coin money ; emit bills of credit ; make any thing but
gold and fiiver coin a tender in payment of debts ; pafs
any bill of attainder, ex poji faBo law, or law impairing
the obligation of contracts, or grant any title of nobility.
No ftate iliall, without the confent of the Ccngrefs, lay
any impofts or duties on imports or exports, except v/hat
may be abfolutely neceffary for executing its infpedlica
laws ; and the net produce of all duties and impofts, laid by
any ftate on imports or exports, ihall be for the ufe of the
treafury of the United States ; and all fuch laws iliall be
fubje£t to the revifion and controul of the Congrefs. No
ftate fliall, without the confent of Congrefs, lay any duty of
tonnage, keep troops, or fhips of war jin time of peace, en-
ter into any agreement or compad with another ftate, or
with a foreign power, or engage m war, unlefs actually
invaded, or in fuch imminent danger as will not admit of
delay.
[ I^ ]
ARTICLE II.
Se8. I. The executive power fhrill be vefled in a Pre-
fidentofthe United States of America. He fliall hold his
ofiice during the term of four years, and together with
the Vice-Prefident, chofen for the fame term, be ekded
as follows :
Each (lale fnall appoint, in fuch manner as the legi na-
ture tliereof may direct, a number of eledors, equal to the
whole number of Senators and Reprefentatives to which
the fl:>te may be entitled in the Congrefs : but no Senator
or Reprefen'"alive, or perfon holding an office of truft or
profit under the United States, fiiallbe appointed an eleclor.
The eledors fhail meet in their refpedive ftates, and
vote by ballot for two perfons, of whom one at leaft fhall
not be an inhabitant of the fame ftate with themfelves.
And they fliall make a lift of all the perfons voted for« and
of the number of votes for each ; which lift they fhall fi^n
and^certify, and tranfmit, fealed, to the feat of the govern-
ment of the United States, direded 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 fhall then be counted. The per-
fon having the i>;reateft number of votes fhail be the Pre-
iident, 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 Reprefentatives fliall immediately chufe
by ballot one of them for Prefident ; and if no perfon have
a majority, then from the five higheft on the lift the faid
Houfe fnall in like manner chufe the Prefident. But in
chuung the Prefident, the votes fhall be taken by ftates, the
reprefentation from each ftate having out vote ; a quorum
for this purpofe fnall -coniift of a member or members from
two thirds of the ftates, and a majority of all the ftates fhall
be necelTary to a choice. In everv cafe, after the choice
of the Prefident, the Derfon bavin? the 'j:reateft number of
votes of the electors fnall be the Vice-Frelident. But if
there fliould remain tv/o or more who have equal votes, the
C 13 ]
Senate Hiall chufe from them by ballot the Vice-Prefl-
dent.
The Congrefs may determine the time of chufinp- '< =
ele(^ors5 and the day on which they (hall give their w/
which day fnali be the fame throughout the United StateJ;^
No perfon except a natural born citizen, or a citizen ©i
the United States, at the time of the adoption of this Con-
flitution, fliall be ehgible to the oiTice of Frefident ; nei-
ther fliall any perfon be eligible to that ofHce who fliail
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 oilice, or
of his dsath, refignation, or inability to difcharge the pow-
ers and duties of the faid office, the fame fliall devolve on the
Vice-Prefident ; and the Congrefs may by law provide for the
cafe of removal, death, refignation or inability, both of the
Prefident and Vice-Prefident, declaring what oiTicer fliall
then adl as Prefident ; and fuch officer ffiall aQ; accordingly,
until the difability be rem.oved, or a Prefident iliall be eleded.
The Prefident ihall, at flated times, receive for his fer-
vices, a compenfation,which fnall neither be increafed nor
diminifned during the period for which he fhall have been
elected ; and he ihali not receive within that period any
other emolument from the United States, or any of them.
Before he enter on the execution of his office, he Ihall
take the following oath or affirmation :
" I do foiemnly fv/ear (or affirm) that I will faithfully
execute the office' of Prefident of the United States ; and
will, to the bell of my ability, preferve, proted and defend
the Conflitution of the United States."
Sec% 2. The Prefident fhall be commander in chief of
the army and navy of the United States, and of the militia
of the feveral ftates, when called into the a<5lual fervice of
the United States ; he may require the opinion, in wriring,
of the principal officer in each of the executive departments,
upon any fubject relating to the duties of their refpeciive
offices, and he fhall have power to grant reprieves and
pardons for oflences atrainil the United States, except in
caies or impeacnment.
C
[ u 1
He fnall have power, by and with the advice and confent
of the Senate, to make treaties, provided two thirds of the
Senators prefent concur ; and he ihali nominate, and by and
with the advice and confent of the Senate, fhall appoint
ambalTadors, other pubHc miniilers and confuls, judges of
the fupre ne court, and all other officers of the United
States, whofe appointrnents are not herein otherwife pro-
vided for, and which iliall be eftabliihed by law. But the
Congrefs may by law veil the appointment of fuch inferior
officers, as they think proper, in the Prefident alone, in
the courts of law, or in the heads of departments.
The Prefident (liall have power to fill up ail vacancies that
* mayhappen during the recefs ofthe Senate, by granting com-
miilions which fliall expire at the end of their next feffion.
Secf. 3. He fhall from time to time give to the Congrefs
information of the (late of the Union, and recommend to
their confideration fuch meafures as he fliall judge neceflary
and expedient : He may on extraordinary occafions, con-
vene both Houfes.or either of them; and in cafe of difagree-
ment between them, with refpecl to the time of adjourn-
ment, he may adjourn them to fuch time as he Ihall think
proper : He ihall receive ambaifadors and other public mi-»
niiters : He fhall take care that the laws be faithfully execu-
ted, and fhall commiffion all the officers ofthe United States.
Sect, 4. The Prefident, Vice-Prefident, and all civil
officers of the United States, ihall be removed from office
on impeachment for, and convidion of, treafon, bribery^
or other high crimes and mifdemeanors.
ARTICLE III.
SeSl. I. The judicial power of the United States, fhall
be veiled in one fupreme court, and in fuch inferior courts
as the Congrefs may from time to tim.e ordain and eilablifh.
The judges, both of the fupreme and inferior court, fhall
hold their offices during; eood behaviour : and fhall, at ftated
times, receive for their fervices, a compenfation, which ihall
not be diminiffied during their continuance in office.
Secf, 2. The judicial power fhall extend to all cafes, in
law and equity, arifing under this Conilitution, the laws of
i '5 1
the United States, and treaties made, or which fliall be
made, under their authority ; to all cafes affeding ambaf-
fadors, other public minifters, andconfuls ; to all cafes of
admiralty and maritime jurifdiccion ; to controverfies to
which the United States fiiall be a party ; to controverfies
between two or more dates ; between a ftate and citizens
of another ftate ; between citizens of different ftates ; be-
tween citizens of the fame ftate claiming lands under grants
-of different fiates ; and between a ftate, or the citizens
thereof, and foreign ftates, citizens or fubje<!ls.
In all cafes affecting ambaffadors, other pubhc minifters
and confuls, and thofe in which a ftate ihaii be a party, the fu-
preme court (li a 11 have original jurifditlion. In all the other
cafes before mxentioned, the fupreme court fliall have appel-
late jurifdiction, both as to law and fa^l, Vv'ith ftich excep-
tions, and under fuch regulations as the Gongrefs ihall make.
The trial of all crimes, except in cafes of impeachment,
Ihall be by jury ; and fuch trial ihall be held in the ftate
where the faid crimes fliall have been committed ; but when
not committed within any ftate, the trial fhall be at fuch
place or places as the Gongrefs may by law have dii e&d.
Sed, 3. Treafon againft the United States, ftiall confift
only in levying war againft them, or in adhering to their
enemies, giving them aid and comfort. No perfon ftiall
be convicted of treafon unlefs on the teftimonv of two wit-
neffes to the fame overt acl, or on confeiTion in open court.
The Gongrefs fliail have power to declare the punifliment
of treafon ; but no attainder of treafon ftiall work corrup-
tion of blood, or forfeiture, except during the life of the
perfon attainted.
ARTICLE IV.
5^(5?. I. Full faith and credit ftiall be given in each ftate
to the public ads, records and judicial proceedings of every
other ftate. And the Gongrefs may by general laws pre-
fcribe the manner in v/hich fuch ads, records and proceed-
ings fliall be proved, and the efted thereof.
Seel, 2. The citizens of each ftate ftiall be entitled to all
privileges and immunities of citizens in the feverai lUtes,
C i6 ]
A perfon charged in any flate with treafon, felony, or
other crime, who Ihall flee from juilice, and be found in
another Itate, fliall, on demand of the executive authority
of the (late from which he fled, be delivered up, to be re-
moved to the Rate having jurifdiftion of the crime.
No perfon held to fervice or labour in one (tate, under
the laws thereof, efcaping into another, fliall, in confe-
quence of any law or regulation therein, be difcharged from
fuch fervice or labour, but fliall be delivered up on claim of
the party to whoo"; fuch fervice or labour may be due.
Sed. 3. New ftates may be admitted by the Congrefs in-
to this Union ; but no new fliate fliall be formed or ereci-
ed within the jurifdidion of any other fl:ate ; nor any fl:ate
be formed by the junction of tu^o or more ftates, or parts
of fl:ates, without the confent of the legiflatures of the ftates
concerned as well as of the Congrefs.
The Congrefs fnall have power to difpofe of and make
all needful rules and regulations refpe6ting the territory or
other property belonging to the United States ; and nothing
in this Conftitution flnall be fo conflirued as to prejudice any
claims of the United States, or of any particular ftate.
Sect. 4. The United States fhall guarantee to every flate
in this Union a republican form of government, and fhall
protect each of them againft invafion ; and on application
of the legiflature, or of the executive (when the legiflature
cannot be convened) againfl: domefl:ic violence.
ARTICLE V.
The Congrefs, whenever two thirds of both Houfes flxiall
deem it neceifary, fhall propofe amendments to this Con-
ftitution, or, on the application of the legiflatures of two
thirds of the feveral ftates, fliall call a convention for pro-
pofing amendments, which, in either cafe, fliall be valid to
all intents and purpofes, as part of this Confl:itution, when
ratified by the legiflatures of three fourths of the feveral
ftates, or by conventions in three fourths thereof, as the
one or the other mode of ratification may be propofed by
the Congrefs : Provided, that no amendment which may
be made prior to the year one thoufand eight hundred and
[ 17 3
eight, fliall in any manner afFed the fir ft and fourth claufes
in the ninth fedion of the firft article ; and that no (late,
without its confent, lliali be deprived of its equal fulFrage
in the Senate.
ARTICLE VI.
All debts contraded and engagements entered Into, be-
fore the adoption of this Conilitution, fhall be as valid
againft the United States under this Conflitution, as un-
der the confederation.
This Conflitution, and the laws of the United States
which fhall be made in purfuance thereof; and all treaties
made, or which fliall 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
notwithftanding.
The Senators and Reprefentatives before mentioned, and
the members of the feveral flate legiHatures, and all execu-
tive and judicial officers, both of the United States and of
the feveral flates, fhall be bound by oath or affirmation,
to fupport this Conflitution ; but no religious ted fhall ever
be required as a qualification to any office or public truft
under the Uniced States.
ARTICLE VII.
The^ ratification of the conventions of nine flates, fhall
be fufficient for the eflabhfhment of this Conflitution be-
tween the flates fo ratifying the fame,
DONE in Convention^ by the unanimous confent of the
States prefent, the feventeenth day of September^ in the
year of our Lord one thoufand fe-ven hundred and eighty-
feven^ and of the independence of the United States of
America the twelfth. In witnefs whereof we have
hereunto fubfcribed our Names,
GEORGE WASHINGTON, President^
And Deputy from Virginia.
■XT TT n • ^ John Lane; don,
C >s ]
Majfachufetts,
Connecliciity
New'Torky
Fennfylvania^
Delaware.
Maryland^
Virghiiay
North-Carolina^
South-Carolina^
Georgia^
Attcft.
<!
Nathaniel Gorham,
Rufus King.
William Samuel JohnfoHj
Roger Sherman.
Alexander Hamilton.
William Livingfton,
David Brearly,
William Patierfon,
Jonathan Dayton.
Benjamin Franklin,
Thomas Mifflin,
Robert Morris,
George Clymer,
Thomas Fitzfimons,
Jared Ingerfol,
James Wilfon,
Gouverneur Morris.
George Read, »
Gunning Bedford, junior,
John Dickinfon,
Richard BalTett,
Jacob Broom.
James M'Henry,
Daniel of St. Thomas Jenifer,
Daniel Carroll.
John Blair,
James Madifon, junior.
William Blount,
Richard Dobbs Spaight,
Hugh Williamfon.
John Rutledge,
Charles Cotefworth Pinckney,
Charles Pinckney,
Pierce Butler.
William Few, ■
Abraham Baldwin.
William Jackson, Secretary*
[ 19 ]
In convention,
Monday, September 17, 1787.
PRESENT,
The States of New-Hampshire, Massachusetts, Con^
NECTicuT, Mr. Hamilton^ from New-York, New-
Jersey, Pennsylvania, Delaware, Maryland,
Virginia, North-Carolina, South-Carolina, and
Georgia :
Resolved,
THAT the preceding Conflitution be laid before the
United States in Congrefs affembled, and that ir is the
opinion of this Convention, that it fhould afterwards be fub-
niitted to a Convention of Delegates, chofen in each State
by the people thereof, under the recommendation of its
Legifiature, for their aiTent and ratification ; and that each
Convention aflenting to, and ratifying the fame, Ihould
give notice thereof to the United States in Congrefs alTem-
bled.
Refolved^ That it is the opinion of this Convention, that
as foon as the Conventions of nine States fliail have ratified
this Conflitution, the United States in Congrefs alfembled
fhould fix a day on which electors fhould be appointed by
the States which fhall have ratified the fame, and a day on
which rhe electors fhould affenible to vote for the Prefident,
and the time and place for commencing proceedings un-
der this Conflitution. That after fuch publication the
electors fliould be appointed, and the Senators and Repre-
fentatives eleded. That the electors fliould meet on the
day fixed for the election of the Prefident, and fliould tranf-
mit their votes certified, figned, fealed and direded, as
the Conflitution requires, to the Secretary of the United
States in Congrefs affembled. That the Senators and
Reprefcntaiives fliould convene at the time and place af-
figned. That the Senators fiiould appoint a Prefident of -
the Senate, for the fole purpofe of receiving, opening and
counting the votes for Preudeat j and, that after he fhall
t 20 ]
be chofen, the Cotigrefs, together with the Prefident,
fhould, without delay, proceed to execute this Conflitution.
By the Unanimous Order of the Co?ive?ifion,
GEORGE WASHINGTON, Prefident.
William Jackson, Secretarj*
In convention,
September, 17, 1787.
E have now the honor to fubmit to the confide-
ration of the United States in Congrefs affem-
bled, that GonpLitution which has appeared to us the mod
advifable.
The friends of our country have long feen and defired,
that the power of making war, peace and treaties ; that
of levying money and regulating commerce, and the cor-
refpondent executive and judicial authorities, iliould be ful-
ly and effectually vePied in the general government of the
Union : But the impropriety of delegating fuch extenfive
truft to one body of men is evideilt — Hence refults the
neceflity of a different organization.
It is obvioufiy impracticable its. the federal government
of thefe States, to fecure all rights of independent fove-
reignty to each, and yet provide for the interefl and fafe-
ty of all— Individuals entering into fociety, mud give up
a fhare of liberty to preferve the reft. The magnitude of
the facrifice m.uft depend as well on fituation and circum-
ftance, as on the objedl to be obtained. It is at all times
difficult to drav/ with precifion the line between thofe
rights which mull be furrendered, and thofe which may
be referved ; and on the prefent occafion this diniculty
.was encreafed by a difference among the feveral States as to
their fituation, extent, habits, and particular interefts.
In all our deliberations on this fubje<St we kept fleadily
in our view, that Vvhich appears to us the greateft interefl
E 21 ]
of every true American, the confolidation of our Union,
in which is involved our profperity, felicity, fafety, per-
haps our national exiftence. This important confideration
ferioufly and deeply impreffed on our minds, led each State
in the Convention to be lefs rigid on points of inferior
magnitude, than might have been otherwife expected ;
and thus the Conftitution, which we now prefent, is the
refult of a fpirit of amity, and of that mutual deference and
conceflion which the pecuUarity of our political fituation
rendered indifpenfible.
That it will meet the full and entire approbation of every
State is not perhaps to be expected ; but each will doubt-
lefs confider, that had her interefl beei;i alone confulted,
the confequences might have been particularly difagreeable
or injurious to others ; that it is liable to as few excepti-
ons as could reafonably have been expelled v/e hope and
believe ; that it may promote the lading welfare of that
country fo dear to us all, and fecure her freedom and hap-
pinefs, is our mod ardent wifh.
With great refped,
We have the Honor to be,
SIR,
Your Excellency's mofl
Obedient and humble Servants,
GEORGE WASHINGTON, Prefident.
By unanimous Order of the Convention.
His Excellency
The President of Congrefs.
B
ACTS
O F
t\u
C O N G R E 'S S.
CHAPTER I.
An ACT to regulate the Time and Marnier of admi-
nijlering certain Oaths.
Sedion i. "13 E // enabled by the Senate and
Ji3 Representatives cf the United
States of America in Congrefs affemhled^ That the
oath or affirmation required by the fixth article
of the Conftitution of the United States, fliall be
adminillered in the form following, to wit, '*^I, A. oath to
B. do folecnnly fwear or affirm (as the cafe may be) f^ppo^ ^
that I will fupport the Conilitution of the United til form of.
States." The faid oath or affirmation iliall be admi- ^ , ,
To be ad"
nidered within three days after the paffing of this miniftered
ad, by any one member of the Senate, to the Pre- ^^ ^-'"^ i^"^^^"
fident of the Senate, and by him to all the mem- bersandfe-
bers, and to the Secretary ; and by the Speaker of creta^y of
the Houfe of Reprefentatives, to ail the members to^membcrs
who have not taken a fimilar oath, by virtue of a ^"^^ clerk of
particular refolution of the faid Houfe, and to the ^'eprefenta-
Clerk : And in cafe of the abfence of any mem-
ber from the fervice of either Houfe, at the time
prefcribed for taking the faid oath or affirmation,
the fame ffiall be ad miniftered to fuch member,
when he ffiall appear to take his feat.
Sec. 2. And he it further enaded^ That at the firft
feffion of Congrefs after every general eleclion cf
tives.
C 24 3
To mem- Rcprefentatives, the oath or affirmation aforefaid,
nate "and^' ^^^^^ ^^ adminiftered by any one member of the
houfe of re- Houfc of Reprefentativcs to the Speaker ; and by
5ivet"here- ^^^^ ^° ^^^ the meoibers prefent, and to the Clerk,
afterriecaed previous to entering on any other bufinefs ; and to
and when, ^j^^ members who fliall afterwards appear, previous
to taking their feats. The Prefident of the Se-
nate for the time being, fliall alfo adminifter the
faid oath or affirmation to each Senator who fhall
hereafter be eleded, previous to his taking his feat :
And in any future cafe of a Prefident of the Senate,
who fhall not have taken the faid oath or affirmati-
on, the fame fhali be adminiftered to him by any
one of the members of the Senate.
To mem- Sec. 3. And be it further enuffed. That the mem-
kfrTfi'^^^T ^^^^ of the feveral flate legiflatures, at the next fef-
and to aiY fions of the faid legiflatures refpedively, and all
cxecutive& exccutivc and judicial officers of the feveral ftates,
judicial offi- . 1 -I 1 -' 1 r 7 r • 1
cersofthe ^^'^o have becu heretoiore cholen or appomted, or
feveral who fuall be chofcn or appointed before the firft
' day of Augufl next, and who fhall then be in office,
lliall, within one month thereafter, take the fame
oath or affirmation, except where they fhall have
taken it before ; which may be adminiftered by any
perfon authorifed by the law of the ftate, in which
fuch office fhali be hoiden, to adminifter oaths.
and when. -^"^^^ the members of the feveral ftate legiflatures,
and all executive and judicial officers of the feve-
ral ftates, v/ho fhall be chofen or appointed after
the faid firft day of Auguft, fliall, before they pro-
ceed to execute the duties of their refpeclive offi-
ces, take the foregoing oath or affirmation, which
iliall be adminiftered by the perfon or perfons, who
by the law of the ftate fhall be authorifed to admi-
nifter the oath of office ; and the perfon or perfons
fo adminiftering the oath hereby required to be tak-
en, fhall caufe a record or certificate thereof to be
made, in the fame manner, as by the law of the
ftate, he or they, fliall be direded to record or cer-
tify the oath of office.
[ 25 ]
Sec. 4. And he it further enacled^ That all offi- To all offi-
cers appointed, or hereafter to be appointed under JJ^'V^ ^^^
the authority of the United States, iliall, before appointed
they adl in their refpedive offices, take the fame ^^.^^J'f JP"
oath or affirmation, which fhall be adminiftered by foretheyaa
the perfon or perfons who ffiall be authorifed by law
to adminifter to fuch officers their refpeclive oaths
of office ; and fuch officers ffiall incur the fame pe-
nalties in cafe of failure, as fnall be impofed by law
in cafe of failure in taking their refpeclive oaths of
office.
Sec. 5. And he it further enacted^ That the Be- Oath of ot-
cretary of the Senate, and the Clerk of the Houfe f '"''^f fj^^^'
of Reprefentatives for the time being, ffiall, at the and clerk of
time of taking^ the oath or affirmation aforefaid, each *^*^ ^^^^^f ^^
take an oath or affirmation in the words followmg, tives.
to wit ; " 1, A. B. Secretary of the Senate, or Clerk
of the Houfe of Reprefentatives (as the cafe may
be) of the United States of America, do folemnly
fv/ear or affirm, that I will truly and faithfully dif-
charge the duties of my faid office, to the bed of
my knov/ledge and abilities.
FREDERICK AUGUSTUS MUHLENBERG,
Speaker of the Houfe of Reprefentatives,
JOHN ADAMS, Vice-Preftdent of the United States^
and Prefident of the Senate.
Approved, June i, 1789.
GEORGE WASHINGTON,
Prefident of the United States.
CHAPTER II.
An ACT for laying a Duty on Goods, Wares, and
Merchandizes imported into the Uiited States.
Sedion i.-^^THERE AS it is necelTary for
V V the fuppoi t of government, for R^^J^aL
the difcharsie of the debts of the United States, and
[ 26 ]
the encouragement and proteQIon of manufaiflures,
that duties be laid on goods, wares and merchan-
dizes imported :
Be it enaBed by the Senate and House of Re-
presentatives of the United States of America in
Congrefs affembled^ That from and after the firft day
of Airguft next enfuing, the feveral duties herein
after mentioned fhall be laid on the following
coods, wares and merchandizes imported into the
United States from any foreign port or place, that
is to fay :
Spedfic du- On all diftilled fpirits of Jamaica proof, imported
trinenume- ^T^om any kingdom or country whatfoever, per
rated arti- gallon, ten CCUtS.
^^^^' On all other diftilled fpirits, per gallon, eight cents*
On molafles, per gallon, two and a half cents.
On Madeira wine, per gallon, eighteen cents.
On all other wines, per gallon, ten cents.
On every gallon of beer, ale or porter in cafks, five
cents.
On all cyder, beer, ale or porter in bottles, per
dozen, twenty cents.
On malt, per bufliel, ten cents.
On brown fugars, per pound, one cent.
On loaf fugars, per pound, three cents.
On all other fugars, per pound, one and a half cents.
On coffee, per pound, two and a half cents.
' , On cocoa, per pound, one cent.
On all candles of tallow, per pound, two cents.
On all candles of wax or fpermaceti, per pound,
fix cents.
On cheefe, per pound, four cents.
On foap, per pound, two cents.
On boots, per pair, fifty cents.
On all fnoes, flippers or golofhoes made of leather,
per pair, feven cents.
On all flioes or flippers made of filk or ftuff, per
pair, ten cents.
[ 27 ]
On cables, for every one hundred and twelve Specific du-
pounds, feventy-five cents. ^ ^^^^^
On tarred cordage, for every one hundred and rated arti-
twelve pounds, feventy-iive cents. ^^^^*
On untarred ditto, and yarn, for every one hundred
and tv/elve pounds, ninety cents.
On twine or packthread, for every one hundred
and twelve pounds, two hundred cents.
On all fteel unwrought, for every one hundred
and twelve pounds, fifty-fix cents.
On all nails and fpikes, per pound, one cent.
On fait, per bufhel, fix cents.
On manufadured tobacco, per pound, fix cents.
On fnuff, per pound, ten cents.
On indigo, per pound, fixteen cents.
Oil wool and cotton cards, per dozen, fifty cents.
On coal, per bufhel, two cents.
On pickled fifli, per barrel, feventy-five cents.
On dried fifh, per quintal, fifty cents.
On all teas imported from China or India, in fliips On teas Jm-
built in the United States, and belonpfinsr to a citi- po^^edfrom
zen or citizens thereof, or m ihips or vefiels built china.
in foreign countries, and on the fixteenth day of
May lafl wholly the property of a citizen or citizens
of the United States, and fo continuing until the
time of importation, as follows :
On bohea tea, per pound, fix cents.
On all fouchong, or other black teas, per pound,
^ ten cents.
On all hyfon teas, per pound, twenty cents.
On all other green teas, per pound, twelve cents.
On all teas imported from Europe in fhips or On teas im-
velfels built in^ the United States, and belonging ^^^IfJ''''''
wholly to a citizen or citizens thereof, or in fhips
or veffels built in foreign countries, and on the
fixteenth day of May lafl wholly the property of
a citizen or citizens of the United States, and fo ^
continuing until the time of importation,as fqllov/s:
C 28 3
On bohea tea, per pound, eight cents.
On all fouchong, and other black teas, per pound,
thirteen cents.
On all hyfon teas, per pound, twenty-fix cents.
On all other green teas, per pound, fixteen cents.
On all teas imported in any other manner than
as abovementioned, as follows :
On bohea tea, per pound, fifteen cents.
On all fouchong, or other black teas, per pound,
twenty -two cents.
On all hyfon teas, per pound, forty-five cents.
On all other green teas, perpound,twenty-fevencents.
On aU other On all goods,wares and merchandizes, other than
goods im- |.gas imported from China or India, in fhips not
ported from i ., • i tt • i o i i n i
India or Duilt m thc United States, and not wholly the pro-
china, i'4 perty of a citizen or citizens thereof, nor in velTels
per centum t.j.p' • ^ i n i
ad valorem. Duilt HI loreigu couutries, and on the fixteenth
day of May laft wholly the property of a citizen or
citizens of the United States, and fo continuing
untir the time of importation, twelve and a half
per centum ad valorem.
On other On all looldng-glafies, window and other'] '^
artldeTlen S^^^^ (cxccpt black quart bottles)
per centum On all China, (lone and earthen ware,
ad valorem. Q^ gunpOwder,
On all paints ground in oil,
On fhoe and knee buckles.
On gold and filver lace, and
On gold and filver leaf, J H
On other On all blank books, 1 ^
. O
artideT ?e*^ On all Writing, printing or wrapping paper,
ven and an paper hangings and pafleboard,
haifpr.cent. Q^ ^jj cabinet wares,
ad valorem. „ , , , ' *-< ,
On all buttons, r "^ "^
On all faddles, | ^ S
On all gloves of leather, ^ B
On all hats of beaver, fur, wool, or mix- ^ S
ture of either, J co
[ 29 ]
■*~i
On other
enumerat'id
articles, I'e-
ven and an
halfpr.ceiit.
ad valorem.
Y^
J
CvS
ID
CD
On all millenary ready made, ^ "^
On all caftings of iron, and upon flit and
rolled iron,
On all leather tanned or tawed, and all
manufaclure of leather, except fuch as
fliall be otherwife rated.
On canes, walking fticks and whips.
On cloathing ready made,
On all brufhes.
On gold, filver and plated ware, and on
jewellery and pafle work.
On anchors, and on all wrought tin and
pewter ware.
On playing cards, per pack, ten cents.
On every coach, chariot or other four "]^r_^„ ^^,
wheel carriage, and on every cnaiie, L^.^^^^^^^
folo or other two wheel carriage or f '
, r I valorem,
parts thereor, J
On all other goods, wares and merchandize, onaii other
five per centum on the value thereof at the time s^^"^^' ^^'
11 r • • r M r ^ ^^P'^ certain
and place or importation, except as roilows : lalt articles, five
petre, tin in pigs, tin plates, lead, old pev/ter, brafs, P."f ^?:,"^g*'^'i
iron and brafs wire, copper in plates, wool, cot- the time &
ton, dying; woods and dyino- drugs, raw hides, piaceofim-
r> ■nortation.
beaver, and all other furs and deer-fkins.
Sec. 2. j4nd be it further enacted by the authority Duty en
aforefaid^ That from and after the firll day of De- ^^"^"'P ^""^
t ft m ^ cotton mi"
cember, which ihall be in the year one thoufand ported after
feven hundred and ninety, there fliall be laid a duty '^^^^ '^ ""^
on every one hundred and twelve pounds weight ^^' ^''^ *
of hemp imported as aforefaid, of fixty cents j and
on cotton per pound, three cents.
Sec. 3. And be it enacted by the authority aforefaid^ Drav/cack
That all the duties paid, or fecured to be paid upon ^{,^°'^'^/J'Jg
any of the goods, wares and merchandizes as afore- en goods
laid, except on diftilled fpirits, other than brandy ^^^"^^^^
^nd geneva, fhall be returned or difcharged upon month*.
E
[ 30 ]
f'jch of the faid goods, wares or merchandizes, as
fhall within twelve months after payment made, or
fecurity given, be exported to any country with-
out, the limits of the United States, as fettled by
Except one the late treaty of peace ; except one per centum
p._r ccat. ^^ ^1^^ amount of the faid duties, in confideration
of the expence which fhall have accrued by the
entry and fafe-keeping thereof.
Allowance Scc. 4. Aiid bc it enacted u'j the authority afore faid,
d"w"a^k^ That there fliali be allowed and paid on every quin-
cn dried & tal of dried, and on everv barrel of pickled fifh, of
and^Sted ^^" fiihcries of the United States, and on every
provifion barrel of falted provifion of'the United States, ex-
exportcd. ported to any country without the limits thereof,
in lieu of a drawback of the duties impofed on the
importation of the fait employed and expended
therein, viz.
On everv quintal of dried fifh, five cents.
On every barrel of pickled fifn, five cents.
On every barrel of falted provifion, five cents.
Bifcounton Scc. 5. And he it further enacled by the authority
for oods^ aforefaid^ That a difcount of ten per cent, on ail
imported the duties impofed by this a61:, fhall be allowed on
in veffds {^^^^]^ goods, warcs and merchandizes, as fliall be
01 citizens. o ■^ •'
imported in veiTels built in the United States, and
which fliall be v/holly the property of a citizen or
citizens thereof, or in veffels built in foreign coun-
tries, and on the fixteenth day of May lafl, wholly
the property of a citizen or citizens of the United
States, and io continuing until the time of impor-
tation.
Continu- Sec. 6. And be it further enabled by the authority
ad? °' ^ ^ aforefaid. That this ad fhall continue and be in
force until the firfl day of June, which fhall be in
the year of our Lord one thoufand feven hundred
and ninety-fix, and from thence until the end c^f
, C 31 ]
the next fucceeding feffion of Congrefs, which fhall
be held thereafter, and no longer,
FREDERICK AUGUSTUS MUHLENBERG,
Speaker of the Houfe of Reprefentatives*
JOHN ADAMS, Vice-Prefident of the United States^
and Freftdent of the Senate.
Approved, July 4th, 1789.
GEORGE WASHINGTON,
Prefident of the United States,
CHAPTER III.
An ACT impofing Duties on Tonnage.
Sedtion i. 'W E it enacied by the Senate and
J3 House of Representatives of
the United States of America in Congrefs ajfembled.
That the following duties (hall be, and are herehj
impofed on all fhips or veilels entered in the United
States, that is to fay :
On all Iliips or vefTels built within the faid States, Tonnag:^
and belonging wholly to a citizen or citizens there- l^^-J^I^^ the
of; or not built within the faid States, but on the u- states,
twenty ninth day of May, one thoufand feven hun- ?^ to'ck?"
dred and eighty-nine, belonging, and during the zens.
time fuch fhips or velTels fliali continue to belong
wholly to a citizen or citizens thereof, at the rate
or lix cents per ton. On ail mips or velieis here- hereafter
after built in the United States, belongine: whollv, ^^^^^ in the
• o. - . 00 •' XJ States &i
or m part, to fubjeds of foreign powers, at the rate beion^in^
of thirty cents per ton. On all other fhips or vef- to forei-n-
r \ ^ i\- ^ r r r . ers. 0:i all
leis, at the rate or nity cents per ton. other veirds
Sec. 2. Provided always^ and he it enaBed^ That ^.
no fhip or vefTel built within the aforefaid State?, inthecoaii-
and bclonpine^ to a citizen or citizens thereof, ing trade to
/in 1 'in 1 1*1 r> . , . pavtor.na<re
mail, whilit employed m the coaitmg traae, or in niore than
the fiflieries, oav tonnage more than once in anv once in any
year. ' ' " " ^'"''
I 2^ 1
Jeffr^r^ Sec. 3. And be it further enaded,Th2it every ihip
foreigners Of veflel employed in the tranfportation of any of
empioyedin thcproduce or manufa(5^ures of the United States,
trade? ^"^ coaftwlfe within the faid States, except fuch fhip
or vefTel be built within the faid States, and belong
to a citizen or citizens thereof, fliall on each entry,
pay fifty cents per ton.
Com- Sec. 4. And be it further enafJed^ That this act
SThe aa"' fhall commence and be in force from and after the
fifteenth day of Auguft next.
FREDERICK AUGUSTUS MUHLENBERG,
Speaker of the Houfe of Reprefentatives*
JOHN ADAMS, Vice-Prefdent of the United States^
and Prefident of the Senate.
Approved, July twentieth, 1789.
GEORGE WASHINGTON,
P reft dent of the United States.
CHAPTER IV.
An^A C T for eftabUfhing an Executive Department ^
to he denomina.tedthe'DL'PAKTUE'i^r of Foreign
Affairs.
Seftion i. 'W% E it enabled hy the Senate and
^^3 House of Represeni>atives of
the United States of America in Congrefs affejiibled^
Secretary of That there fhall be an executive department, to be
faS^hi-^^ denominated the department of foreign affairs, and
duty. that there fhall be a principal officer therein, to be
called the Secretary for the Department of Foreign
Affairs, who fnall perform and execute fuch duties
as fliall from time to time be enjoined on or in-
^ trufled to him by the Prefident of the United States,
agreeable to the Conditution, relative to corref-
pondences, commiiTions or inflruclions to or with
public minifters or confuls, from the United States, ,
or to negociations with public minifters from fo-
reign ilates or princes, or to memorials or other
applications from foreign public minifters or other
[ 33 ]
foreigners, or to fuch other matters refpecling fo*
reign affairs, as the Prefident of the United States
fhall allign to the faid department : And further-
more, that the faid principal officer ihali conduQ:
the bufinefs of the faid department in fuch man-
ner as the Prefident of the United States fhall from
time to time order or inftrud:.
Sec. 2. And be it further ena/fed^Thdit there (hd.\\ principal
be in the faid departm.ent, an inferior officer, to be ^^^^'^' ^^*
appointed by the faid principal officer, and to be
employed therein as he (hall deem proper, and to
be called the chief clerk in the department of fo^
reign affairs, and who, whenever the faid principal
officer fliall be rem.oved from office by the Prefident
of the United States, or in any other cafe of va-
cancy, ihall, during fuch vacancy, have the charge
and cuflody of all records, books and papers ap-
pertaining to the faid department.
Sec. 3. And be it further enacted^ That the faid oathofof-
principal officer, and every other perfon to be ap- fi^e.
pointed or employed in the faid department, fnall,
before he enters on the execution of his office or
employm.ent, take an oath or affirmation, well and
faithfully to execute the trull committed to him,
Sec. 4. And be it further enaSied^ That the Se- Secretary t»
cretary for the department of foreign affairs, to be ^^^^^^l^f^
appointed in confequence of this ad, fhall forth- &c. of fo~
with after his appointment, be entitled to have the ^^^'^^^^^^^"
cufhody and charge of all records, books and papers
in the office of Secretary for the department of
foreign affairs, heretofore eftablifhed by the United
States in Congrefs affembled.
FREDERICK AUGUSTUS MUHLENBERG,
Speaker of the Houfe of Reprefeniatives,
JOHN ADAMS, Vice-PrefJent of the U?iited States,
and Prefident of the Senate,
Approved, July 27, 1789.
GEORGE WASHINGTON,
Prefident of the United States*
Recital.
C 34 ]
CHAPTER V.
An ACT to regulate the Collection of the Duties
impofed by Law on the Tonnage of Ships or Y'e^'
SE'Ls^and-on GooDs,WARES<^;^<f Merchandizes
imported into the United States.
Seclion i. "13 E it enabled by the Senate and
_Jj House of Representatives of
the United States of America in Congrefs affembled^
That for the due colledion of the duties impofed
by law on the tonnage of fliips and vefTels, and on
goods, wares and merchandizes imported into the
United States, there iliall be eftabiiflied and ap-
pointed, diuricls, ports, and officers, in manner
following, to wit :
The (late of New-Hampshire fliall be one di-
portsin N. ^nd, to include the tov/n of Portfmouth as the
Hampihire. fole port of entry ; and the towns of Newcastle,
- Dover and Exeter, as ports of delivery only ; but
all fliips or veflels bound to or from either of the
faid ports of delivery, (hall nrfl come to, enter and
clear at Portfmouth ; and a naval-officer, colledor
and furveyor for the faid diftricl fliall be appointed,
to refide at Portfmouth.
In the ftate of Massachusetts fiiall be twenty
ports in diflrids and ports of entry, to vvit : Newburyport,
Maffachu- Gloucefter, Salem and Beverly, as one port, Mar-
' blehead, Bofton and Charle.down, as one port, Ply-
mouth, Barnftable, Nantucket, Edgartown, New-
Bedford, Dighton, York, Biddeford and Peppe-
relborough, as one port, Portland and Falmouth, as
one port, Bath, Wifcaifet, Penobfcot, Frenchman's
Bay, Machias and Pailamaquody. To the diftricl
of Newburyport fhall be annexed the feveral towns
or landing-places of Almibury, Salifbury, and Ha-
verhill, v/hich fhall be ports of delivery only ; and
a colledor, naval-officer and furvevor for the diftricl
fhall be appointed, to refide at Newburyport. To
the diftricl of GiouceRer fliall be annexed the town
C 35 ]
of Manchefler, as a port of delivery only ; and a DiftnAs &
colle6lor and furveyor fhall be appointed, to refide Maffachu-
at Glouceder. To the diftridl: of Salem and Be- fetts.
veriy fnall be annexed the towns or landing-places
of Danvers and Ipfwich, as ports of delivery only ;
and a coUedor, naval- officer and furveyor for the
diftricl ihall be appointed, to refide at Salem ; and
a furveyor to refide at each of the tov/ns of Beverly
and Ipfwich. To the diftricl of Marblehead fhali
be annexed the tov/n of Lynn, as a port of delivery
only ; and a collector for the diftrid; fhall be ap-
pointed, to refide at Marblehead. To the diilridl:
of Bofton and Charleftown fliall be annexed the
towns or landing-places of Ivledford, Cohaifet, and
Hingham, as ports of delivery only ; and a coliec-
tor, naval- officer and furveyor fhall be appointed,
to refide at Bofton. To the diftrid of Plymouth
fliall be annexed the feveral towns or landing-places
of Scituate, Duxbury and Kingfton, as ports of de-
livery only*; and a collector for the diftricl ftiall^
be appointed, ro refide at Plymouth. To the di-
flricl of Barnftable fhall be annexed the feveral
towns or landing-places of Sandwich, liarwich,
Welfleet, Provincetown and Chatham, as ports of
* dehvery only ; and a colledor for the diftrict fhail
be appointed, to refide at Barnftable. In the diftrid
of Nantucket, the port of Sherbourne fliall be the
fole port of entry and delivery within the fame ;
and a coliedor fnall be appointed, to refide at Sher-
bourne. To the diftrid of Edgartown fliall be
annexed Falmouth, as a port of delivery only ;
and a coliedor (hall be appointed, to refide at Ed-
gartown. To the diftrid of New-Bedford fhall be
annexed Weftport, Rochefter, and Wareham, as
ports of delivery only ; and a coliedor for the di-
ftrid fhall be appointed, to refide at New-Bedford.
To the diftrid of Diditon fhall be annexed Swan-
ley and Freetown, as ports of delivery only ; and
a coliedor for the diftrict ihall be appointed, tore-
C 36 1
jbiftrids & fide at Diehton. To the diflridl of York fhall be
Mlfikchu- annexed Kittery and Berwick, as ports of delivery
fetts. only ; and a collecicr for the diftricl fliall be ap-*
pointed, to reiide at York. To the diflrici of Bid-
deford and Pepperelborough fnall be annexed Scar-
borough, Wells, Kennebunk, and Cape-Forpoife,
as ports of delivery only ; and a collector for the
diftricl fhall be appointed, to refide at Biddeford.
To the diftrid of Portland and Falmouth fhall be
annexed North-Yarmouth and Brunfwick, as ports
of delivery only ; and a colledor and furveyor
fliall be appointed for the diftrift, to refide at Port-
land. To the diflrift of Bath fliall be annexed Hal-
lowell, Pittftown, and Topibam, as ports of deli-
very only ; and a coiledor for the diflrid fhall be
appointed, to refide at Bath. To the difiricl of
Wifcafiet fhall be annexed Briflol, Boothbay, and
Waldoborough, as ports of delivery only ; and
a colleO:or for the didridl fliall be appointed, to
refide at Wifcaifet. To the diftricl of Pencbfcot
fhall be annexed Thomaflon, Frankfort, »Sedg-
wick-Point, and Deer-Ifland, as ports of delivery
only ; and a colledor for the diftricl fliall be ap-
pointed, to refide at Penobfcot. To the diilrid:
of Frenchman's-Bay fhall be annexed Union-River,
as a port of delivery only, and a collector for the
diflri£l fhall be appointed, to refide at Frenchman's
Bay. For each of the diflrids of Machias and Paf-
famaquody fliall be appointed a colleftor, to refide
at the faid ports of Machias and PafTamaquody re-
fpeclively. The difcri6i: of Newburyport fliall in-
clude all the waters and fhores from the ftate of
New -Hanipfhire, to the north line of Ipfv/ich. The
diftrid of Gloucefier fhall include all the waters
and fhores in the towns of Gloucefier and Man-
chefler. The didrid of Salem and Beverly fhall
include all the fhores and wafers within the towns
of Ipfwich, Beverly, Salem, and Danvers. The di-
. flrid of Marbiehead fhall include all the waters and
C 37 ]
fhores within the towns of Marblehead and Lynn. Difiricfis
The diftria of Bofton and Charleftown iTiall include MaSul"
all the waters and fhores within the counties of fetts.
Middlefex and Suffolk. The diftrid of Plymouth
(hall include all the waters and fhores within the
county of Plymouth, excepting the towns of A¥are-
ham and Rocheiier. The diilricl of Barnfiiable
Ihall include all the fhores and waters within the
county of Barnftable, excepting the town of Fal-
mouth. The diilricl of Nantucket fhall include
the iiland of Nantucket. The diflrict of Edgar-
town fhall include all the waters and fhores wiihin
the county of Duke's-County and the town of Fal-
mouth. The diftrid of New-Bedford Ihall include
all the waters and fhores within the towns of New-
Bedford, Dartmouth, Weflport, Rochefter and
Wareham, together with all the iHands within the
county of Brillol. The diftricl of Dighton fhall
include all the waters and fhores on Taunton river,
and in the town of Rehoboth ; and the colle6lors
of the feveral diPcrids within that part of the fiate
of MaiTachufetts, eaftward of New-Hampfhire, fliall
agree as foon as may be upon a divisional line be-
tween their refpedlive diilridls, and tranfmit the
fame to the Comptroller of the Treafury ; and fuch
diftrids fo agreed upon, ihall include all the fhores,
waters and iflands within the fame.
In the flate of Connecticut fnall be three di- diuhcI^
ftrids, to wit : New-London, New-Haven, and ^"^^P"";:^-^
Fairfield. The diflrid of New-London fliall extend cm?"'' '"
from the eafl Hne of the faid flate of Connecticut
to the wefl line of the town of Killingfworth, and
north to the fouth line of the flate of MaiTachufetts,
and fhall alfo include the feveral towns or landing
places of Norwich, Stonington, Groton, Lyme,
Saybrook, Haddam, Eall-Haddam, Middletown,
Chatham, Weathersfield, Glailenbury, Hartford,
Eail-Hartford and Killingfworth, as ports of deli-
very only ^ New-London to be the Ible port of
F
[ 38 ]
DiiiHcis entry ; and a colledor and furveyor for the diflrld:
SnSSi-" ^^^^^ ^^ appointed, to refide at New-London, and a
cut. flirveyor to refide at each of the ports of Stoning-
ton and Middietown. Tne didricl of New-Haven
ihall extend from the well: line of the didricl of New-
London, wefleriy to Oufatumnick river ; to which
ihaii be annexed the feveral towns or landing-placts
of Guilford, Brandford, Miiford, and Derby, as
^ ports of delivery only ; New-Haven to be the fole
port of entry ; and a colledor and furveyor for the
diilrid fhall be appointed, to refide at New-Haven.
The diilrid: of Fairheld Ihall include all the ports
and places in the faid Hate of Connecticut, weft of
the diftrid of New-Haven, to which fhall be an-
nexed the feveral towns or landing-places of Nor-
walk, Stratford, Stamford, and Greenwich, as ports
of delivery only ; Fairfield to be the fole port of
entry ; and a coliedor for the diilricl fhall be ap-
pointed, to refide at Fairfield — And New-London,
New-Haven and Fairfield, fhall feverally be ports
of entry.
Duirids & In the flate of New-York fhall be two diflrids,
Y^ork/" ' ^° ^^^^ • Sagg-harbour on NafTau or Long-Ifland,
and the city of Nev/-York, each of which fhall
be a port of entry. The diflricl of Sagg-harbour
ihall include all bays, harbours, rivers, and fhcres,
within the tw"o points of land, which are called
Oyfcer-Pond Point, and Montauk Point ; and a
coUedor for the diflricl fl:iail be appointed, to refide
at Sagg-harbour, which fliali be the only place of
delivery in the faid diflricl. The diftridl of the city
of New- York fliall include fuch part of the coafls,
rivers, bays and harbours of the faid flate, not
included in the diftricl of Sacrg^-harbour, and more-
OO
ever, the feveral towns or landing places of Nev/-
Windfor, Newburgh, Poughkeepfie, Efopus, city
of Hudfon, Kinderhook, and Albany, as ports of
delivery only ; and a naval officer, colledor and
furveyor forlhe diflricl lliall be api:o:i:ted3 to refide
L 39 ]
?tt the city of Nen^- York ; alfo two furveyors, one
to refide at the city of Albany, and the other at the
city of Hiidfcn ; and all fhips or veiTcls bound to,
cr from any port of delivery within the lad named
diilridt, fhall be obliged to come to, and enter or
clear out at the city of New-York.
In the (late of New-Jersey fliall be three di- Didiicis
{Irias, to wit : Perth-Amboy, Burlington, and ^"Y^^JJ^V"'
Bridgetown, which (hall feveraily be ports of entry.
The diitricl of Perth-Amboy (hall comprehend all
that part of the (late of New-Jerfey known by the
name of Ead New-Jerfey (that part excepted which
is hereafter included in the diRrid: of Burlington)
toQ-ether wdth all the waters thereof, heretofore
v.'ithin the jurifdi«3:ion of the faid ilate, in which
diftritl: the tow^ns or landing places of New-
Brunfwick, Middletown-Point, Elizabeth-Town
and Newark fnall be ports of delivery only; and
a collector for the diitrid: fliall be appointed, to
relide at Perth-Amboy. The di(lri£i: of Burling-
ton fhall comprehend that part of the faid (late
known by the name of Weft New-Jerfey, which
lies to the eaftward and northward of the county
of Gloucefter, with all the vvaters thereof, hereto-
fore within the jurifdiclion of the faid ftate, inclu-
ding the river and inlet of Little Egg-harbour, wdth
the waters emptying into the fame, and the fea
coaft, found, inlets and harbours thereof, from
Barnegat inlet to Brigantine inlets, in which dif-
trict the landing places of Lamberton and Little
Egg-harbour (hall be ports of delivery only ; and
a collector (liall be appointed for the diftrift, to
refide at Burlington, and a furveyor at Little Egg-
harbour. The diftricl of Bridgetown fliall com-
prehend the counties of Gloucefter, Salem, Cum-
berland and Cape May (that part of Gloucefter
county excepted, which is included within the
di(lri(51: of Burlington) and all the waters thereof
tieretofore within the jurifdiclion of the faid ftate i
C 40 ]
and the town of Salem, Port Elizabeth on Maurice
river, and Stillwell's landing on Great Egg-har-
bour, fhall be ports of delivery only ; and a collec-
tor for the diflrict ihall be appointed, to refide at
Bridgetown.
Diftria: The flate of Pennsylvania, fhall be one di-
Pennfywl" ^^^"^^' ^"^ Philadelphia fhall be the fole port both
nia. of entry and delivery for the fame ; and a naval-
officer, coiledor and furveyor for the diilrid fnall
be appointed, to refide at the faid port of Phila-
delphia.
Bifida The ftate of Delaware fhall be one diflrict,
Delawr^^'" and the Borough of Wilmington fhall be the port
of entrv, to which fliall be annexed Newcaftle and
Port Penn as ports of delivery only ; and a col-
lector for the diflrid fliall be appointed, to refide
at the faid port of Wilmington.
Diftrias In the flate of Maryland fhall be nine dif-
Marknd" ^^'^^^' ^^ ^^^ * ^^^""lore, Chcflcr, Oxford, Vien-
na, Snow-Hill, AnnapoHs, Nottingham, Nanjemoy,
and George-Town. The diftricl of Baltimore fhall
include Patapfco, Sufquehannah and Elk rivers,
and all the waters and fhores on the well fide of
' Chefapeake Bay, from the mouth of Magetty river
to the fouth fide of Elk river, inclufive, in which
Havre de Grace and Elkton fhall be ports of de-
livery only ; and a naval-officer, coUedor and fur-
veyor fhall be appointed for the faid diflrici:, to
refide at the town of Baltimore, which fhall be the
fole port of entry. The di{lri6t of Chefler fhall
include Chefter river, and all the waters and fhores
on the eaftern fide of Chefapeake Bay, from the
fouth fide of Elk river to the north fide of the eafl-
ern bay and Wye river, exclufive, in which George-
Town on Salfafras river fhall be a port of dehvery
only ; and a collector for the diftrid fnall be ap-
pointed, to refide at Chefter, wh;ch fhall be the
ible port of entry. The diftrici: of Oxford fhall
[ 41 ]
include all the waters and fhores on the eaftern Diftrias
fide of Chefapeake Bay, from the north fide of and pom it
Wye river and the eaftern bay, to the fouth fide ^^^^'~^^-
of Choptank river, inclufive, and Cambridge (hall
be a port of delivery only ; and a colledor for the
diftrid ihall be appointed, to refide at Oxford,
which fhall be the fole port of entry. The diitricl
of Vienna fhall include all the waters and (bores on
the eadern fide of Chefapeake Bay, from the fouth
fide of Choptank river to the fouth fide of Wi-
comico river, inclufive, and SaUibury (hall be a port
of delivery only ; and a collector for the diitri6t
fhall be appointed, to refide at Vienna, which (hall
be the fole port of entry. The diftrict of Snov/-Hill
fliall include all the waters and fhores on the fea
coaft, from the north line of Virginia to the fouth
line of Delaware, together with all the waters and
(liores on the eaitern fide of Chefapeake Bay, from
the fouth fide of Wicomico river to the fouth fide
of Pocomoke river, inclufive, fo far as the jurifdic^
tion of the faid (late of Maryland extends, to which
Sinnepuxent fhall be a port of delivery for W^ft-
India produce only ; and a colledlor for the diflri6L
(hall be appointed, to refide at Snow-Hill, which
ihall be the fole port of entry. The diflridl of
Annapolis fhall include Magetty river, and all the
waters and fhores from thence to Drum-Point, on
Patuxent river ; and a collector for the diflrid fhall
be appointed, to refide at Annapolis, which fhall
be the fole port of entry and delivery for the fame.
The diftrict of Nottingham fhall include all the
waters and fhores on the vveft fide of Chefapeake
Bay to Drum-Point, on the river Patuxent, toge-
ther with the faid river, and all the navigable waters
emptying into the fame, to which Benedict, Lower
Marlborough, Town Creek, and Silvey's landing,
fhall be annexed as ports of delivery only ; a col-
lector for the diftri6t fliall be appointed, to refide
at Nottingham ; and a furveyor at Town-Creek ^
[ 42 ]
Diftrias and Nottingham fliall be the fole port of entry.
and ports In xhc diftrift of Nanjcmoy fhall include all the wa-
" aryaau. ^^^^ of Potowmac rivcr, within the jurifdidion of
the ilate of Maryland, from Point Look-out to
Pomonkey creek, inclufive, to which Saint Mary's
Ihail be annexed as a port of delivery only ; and a
collector for the diftrid ihall be appointed, to re-
lide at Nanjemoy ; alfo a furveyor to refide at Saint
Mary's, and Nanjemoy (hail be the fole port of en-
try. The diflricl of George-Town (hall include
all the waters and (hores from Pomonkey creek,
on the north fide of Potowmac river, to the head
of the navigable waters of the faid river, within
the jurifdidion of the (late of Maryland, to which
Digges's landing and Carrollfourg (hall be annex-
ed as ports of delivery only ; and a colle6lor for
the diftricl ihall be appointed, to refide at George-
Towm, w^hich fnail be the fole port of entry.
DiftricTLB I^ the (late of Virginia (liail be twelve diftrids,
and ports in to wit I Hampton as one port ; Norfolk and Portf-
iTgima. jj^Q^^i^ ^3 Qj^g pQj-|- . Bermuda-Hundred and City-
Point as one port ; York-Town, Tappahannock,
Yeocomico river, including Kinfale, Dumfries, in-
cluding Newport, Alexandria, Folly-Landing,
Cherry-Stone, South-Quay, and Louifville ; the
authority of the ofEcers at Hampton (hall extend
over all the waters, (hores, bays, harbours, and in^
lets, between 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 (hall
be appointed, to refide at Ham.pton, which ftiall be
the fole port of entry. To the diftrid of Norfolk
and Porifmcuth (hall be annexed Suffolk, and
Smathheld as ports of delivery only ; and the au-
thority of the officers of the faid diftricl fliall ex-
tend over all the waters, fhores, bays, harbours,
and inlets, comprehended within a line drawn
from Cap^-Henry to the mouth cf James river^
[ 43 ]
and thence up James river to Jordon's-Point, and Diftn(5ts
up Elizabeth river to the higheft tide water there- ^"^.|°i'^^^"
of; and Norfolk and Porifmouth fhall be the fole
port of entry ; and a collector, naval-officer and
furveyor for the diftrict fliall be appointed, to re-
iide at Norfolk ; alfo a furveyor to refide at each
of the ports of Suffolk and Smithfield. To the di-
ftricl of Bermuda-Hundred, or City-Point, fliall be
annexed Richmond, Peterfburg and Manchefter,
as ports of delivery only ; and a collector and fur-
veyor fhall be appointed, to refide at Bermuda-
Hundred, or City-Point, which fliall be the fole
port of entry ; alfo a furveyor for Peteriburg, to
refide thereat, and a furveyor for Richmond and
Manchefter, to refide at Richmond ; and the au-
thority of the officers of the faid diflrid fhall ex-
tend over all the waters, fhores, bays, harbours and
inlets, comprehended between Jordon's-Point and
the higheft tide water on James and Appomattox
rivers. To the diff ri6l of York-Town fhall be an^
nexed Weflpoint and Cumberland, as ports of deli-
very only ; and a collector for the diflricl fhall be
appointed, to refide at York-Tov/n, which fhall be
the fole port of entry ; alfo a furveyor for the two
Dorts of delivery, to refide at Weftpoint ; and the
authority of the officers of the faid diilri6l fliall ex-
Lend over all the waters, fhores, bays, harbours and
inlets, comprehended between the point formang
:he fouth fhore of the mouth of Rappahannock ri-
';er, and the point forming the fouth fhore of the
iiouth of York river, and thence up the faid river
o Weflpoint, and thence up Pamunkey and Matta-
Dony rivers, to the higheft navigable waters there-
DI. To the diftrid of Tappahannock fliall be an-
nexed Urbanna, Port-Royal, Frederickfburg and
Palmouth, as ports of delivery only ; and a collec-
:or for the diflricl fliall be appointed, to refide at
Tappahannock, which fhall be the fole port of en-
ry 5 alfo a furveyor for each of the ports of Ur-
[ 44 ]
r>iftri<^» banna, Port-Royal, and Frederickfburg, and the
andportsin authoHty of the officers of the faid diftrid: Ihall ex-
wg»n'a. ^^^j ^^^^^ ^jj ^j^^ waters, fliores, bays, harbours and
inlets, comprehended between Smith's-Point, at
the mouth of Potowmac, and the point forming
the fouth fliore of the mouth of Rappahannock ri-
ver, and thence up the laft mentioned river to the
higheft tide water thereof. The diitrici: of Yeoco-
mico river, including Kinfale, iliall extend from
Smith's-Point on the fouth fide of Potowmac river,
to Boyd's-Hole on the fame river, including all the
waters, fhores, bays, rivers, creeks, harbours and
inlets, along the fouth fhore of Potowmac river to
Boyd's-Hole aforefaid ; and Yeocomico, including
Kinfale, fhall be the fole port of entry ; and a col-
leSor fhall be appointed, to refide on Yeocomico
river. The diftriO: of Dumfries, including New-
port, fhall extend from Boyd's-Hole to Cockpit-
Point on the fouth fide of Potowmac river ; and a
colledfor fhall be appointed, to refide at Dumfries,
which fliall be the fole port of entry ; and the au-
thority of the officers of this diftrict fhall extend
over all the waters, fhores, bays, harbours and in-
lets comprehended between Boyd's-Hole and Cock-
pit-Point aforefaid. For the diftridl of Alexandria
fhall be appointed a colle<!ilor and furveyor, to refide
at Alexandria, which fliall be the fole port of entry ;
and the authority of the officers of the faid diftrict
fhall extend over all the v/aters, fhores, bays, har-
bours and inlets on the fouth fide of the river Po-
towmac, from the lafl mentioned Cockpit-Point,
to the highefl tide water of the faid river. For the
diftritl of Folly-Landing fhall be appointed a col-
lector, who fnall refide at Accomack Court-Houfe,
and whofe authority fhall extend over all the waters.
fnores, bays, harbours and inlets of the county oi
Accomack. For the diftrid of Cherry-Stone fliali
be appointed a collector, to refide at Cherry-Stone,
whofe authority fliall extend over all the v/aters-
[ 45 ]
fliores, bays, harbours and inlets comprehended Diaricis
within Northampton county. For the diilrid of y'iro^nir'"
South-Quay a collector Ihall be appointed, to re-
fide thereat, whofe authority fliall extend over all
the waters, fliores, bays, harbours and inlets in
that part of Virginia, comprehended within the li-
mits of the faid ftate. For the diftricl of Louifville
a collector jfhall be appointed, to refide thereat,
whofe authority fliall extend over all waters, fhores
and inlets, included between the rapids and the
mouth of Ohio river, on the fouth-eafl fide thereof.
In the ftate of South-Carolina (liall be Didrk^s
three diftridis, to wit : Georgetown, Charleftoh s"^^^''^^;'^'''
and Beaufort, each of which mail be a port of roiina.
entry. The diftricl of Georgetown fliall include
the fhores, inlets and rivers, from the boundary of
North-Carolina to the point of Cape-Roman. The
diftri£l of Charlefton fnall include all the fnores,
inlets and rivers, from Cape-Roman to Combahee
river, incluiive ; and the diftri£l of Beaufort fhall
include the fhores, inlets and rivers from Comba-
hee river to Back river in Georgia, comprehend-
ing alfo the fhores, inlets and harbours, formed by
the diiTerent bars and fea iflands, lying v/ithin each
diftrid refpe6l;ively ; at the port of Charlefton
fhail be a collector, naval-ofEcer and furveyor, and
a colledor at each of the other ports. '
In the ftate of Georgia fliall be four diftrids, Diftn^^s
Id v/it : Savannah, Sunbury, Brunfwick, and Saint and ports in
Mary's, each of which-fbali be a port of entry. The ^''^^''''
diftrift of Savannah fhall include Savannah river.
Great and Little Ogeechee rivers, with the other
harbours, creeks and rivers, formed by the inlets
of Tybee, Little Tybee, Warfaw and OfTabaw,
north of the ifland of Oltabaw ; ^and a naval-officer,
colledor and furveyor, for the faid diftrict ftiail be
appointed, to refide at Savannah. The diftrict of
Sunbury ihali include the Medwav, I^Icrth and
G
C 46 ]
Diftridt South Newport, and Sapelo rivers, with the har-
Geomk?^" hours, creeks and rivers, formed by the inlets of
Saint Catharine's, fouth of Oiiabaw and Sapelo ;
and a coiledor for the diflricl fliall be appointed,
to refide at Sunbury. The diilrid of Brunfwick
fliall include the Alatamaha, Frederica, and Turtle
rivers, with the other harbours, creeks and rivers,
formed by the inlets of Doboy fouth of Sapelo, AU
atamaha, and Saint Simons, north of the fouth
point of Jekyl illand ; Frederica fliall be a port
of delivery only ; and a collector for the faid dif-
tri^l fhall be appointed, to refide at Brunfwick ;
the diflricl of Saint Mary's fhall include Great
Setilla, Little Setilla, Crooked river, and Saint
Mary's river, with the harbours, creeks and ri-
vers, formed by the inlets of S^int Andrews and
Amelia founds ; and a collector for the faid diilrict
fhall be appointed, to refide at Saint Mary's. And
in each diitrid: it fhall be lawful for the collector
to grant a permit to unlade at any port or place
within the diflrid, and to appoint or put on board
any fliip or velTel for which a permit is granted,
one or more fearchers or infpeclors, as may be ne-
ceifary for the fecurity of the revenue.
Ports of en- Sec. 2. yl7id be it further enacted^ That every
try tobe^ poit of entry eftabliflied by this a6l, fhall be a port
Hvery, aifo. of delivery alfo : Provided always^ That no fhip
or veffel not wholly belonging to a citizen or citi-
Portsofde- 2^^s of the United States, fhall be admitted to un-
livery to load at any port or place except the follov/ing, to
rd^nveffds ^^^^ * Portfmouth, in the State of New-Hampfliire,
are°reftri6i- Portland, Falmouth, Dighton, Salem, Gloucef-
^^* ter, Nev\^buryport, Marblehead, Sherbourne, Bof-
ton, Plymouth, Wifcaffet, Machias, and Penobfcot^
in the State of MafTachufetts ; New-London or
New-Haven, in the State of Connecticut ; New-
York ; Perth-Amboy or Burnngton, in the State
of New-Jerfey ; Philadelphia; Wilmington, New-
Caflle and Port-Penn, in the State of Delaware ^
C 47 ]
Baltimore, Annapolis, Vienna, Oxford, George-
Town on Potowmac, Chefter-Town, Town Creek,
Nottingham, Nanjemoy, Digges's-landing, Snow-
Hill and Carrollfburg, in the State of Maryland ;
Alexandria, Kinfale, Newport, Tappahannock,
Port-Royal, Frederickfburgh, Urbanna, York-
Town, Weit-Point, Hampton, Bermuda-Hmidred,
City-Point, Rocket's-landing, Norfolk or Portf-
mouth, in the State of Virginia ; Charleflon,
George-Town or Beaufort, in the State of South-
Carolina ; or in either of the diilricls of Savan-
nah, Sunbury, Brunfwick or Saint Mary's, in the
State of Georgia : nor fhall any fliip or veffel arriv- po^gofej .
ing from the Cape of Good Hope, or from any trytowhici
place beyond the fame, be admitted to enter at any ^^^^^J-oni'"
other than ihe following ports, to wit : Portfmouth, the Cape of
in the State of New-Hamjpihire ; Bofton, Newbu- Go^^^^^p^
ryport, Salem^ Glouceiter, Portland or Falmouth, are rcftridi-
in the State of Maiiachufetts ; New-London or ^'^'
New-Haven, in the State of Conne£licut ; New-
York ; Perth-Amboy ; Philadelphia ; Wilming-
ton, in the State of Delaware ; Baltimore-lbwn,
Annapolis, or George-Town, in the State of Ma-
ryland ; Alexandria, Norfolk, or Portfmouth, in
the State of Virginia ; Charleflon, George-Town,
or Beaufort, in the State of South-Carolina ; Sun-
bury, or Savannah, in the State of Georgia : Fro-
vided^ That nothinj^ herein contained iliall be con-
ilrued to prevent the mader or comimander of anv
fhip or veffel, from making entry with the collector
of any port or diftrici in which fuch fliip or veifel
may be owned, or from whence ^hQ may have fail-
ed on fuch a voyage.
Sec. 3. And be it further eno.Bed^ That the maf- Ports c^fde-
ter.or commander of every fnip or veffel bound to ^^^^^y^^
a po/'t of delivery only, in any of the following f. h bound
diilricls, to wit : Portland and Falmouth, Bath, ^'''^^ ^''^
XT t -NT T 1 /• \ r come to at
JNewDuryport, iNew^-London, (except the port or the port qf
Stonington in the faid di(lri£l). Norfolk and Portf- ^"^^7-
[ 48 ]
mouth, Bermuda-Hundred and City-Point, York-
Town or Tappahannock (except the port of Ur-
banna in the faid diftrid) iliall firft come to at the
port of entry of fuch d^iftricl, with his fliip or vef-
lel, and there make entry, deUver a manifefl of her
cargo, and pay, or fecure to be paid, all legal du-
ties, tonnage, port fees and charges, in manner
by this acl provided, before fuch fhip or vefTel (hall
proceed to her port of delivery ; and that any fnip
or veiTel bound to a port of delivery in any other
diflricl not under hke reftrictions by this ad, or
to either of the ports of Stonington, or Urbanna,
may firft proceed to her port of delivery, and then
make legal entry within the time by this acl limited.
Dlftricas to Sec. 4. And be it further enacted. That the mafr
which vef- tej- or commander of every (hip or veffel, if bound
ihaii'^'no't'^, to the diftricl of Nottingham, fhall, before he pafs
pafs certain by the Dort of Towu-Creek, and immediately after
oufdeUver- his arrival, depofit with the furveyor of the faid
ing- a man- port, a truc manifell of the cargo on board fuch
fhip or veiTel ; if bound to any diftrid on the
Potowmack, (hall, before he pafs by the rivers
Saint Mary's and Yeocomico, and immediately
after his arrival, depofit with the Purveyor at Saint
Mary's, or the collector at Yeocomico, as may be
mod convenient, a true manifell: of the cargo on
board fuch fhip or veffel, including a declaration
of the port at which the fame is to be entered ; if
bound to the diftrid of Tappahannock, fhall, be-
fore he pafs by the port of Urbanna, and imme-
diately after his arrival, depofit with the furveyor
for that port, a hke manifefl ; and if bound to the
di(lri£l of Bermuda-hundred or City-point, fliall,
before he pafs by Ehzabeth river, and immedi-
ately after his arrival, depofit with the colledor
of the port of Norfolk and Portfmouth, or with
the colleQor for the port of Hampton, a like ma-
nifefl ; and the faid furveycrs and collectors ref-
pedivelyjfaall, after regifiering the manifefts, tranf-
ifcft
i 49 ]
mit the fame diily certified to have been fo depo-
fited to the officer with whom the entries are to be
made, without which certificate no fuch entry fiiall
be received.
Sec. 5. And be it further enadedy That the du- Duties of
ties of the refpedive officers to be appointed by vir- the coiicc-
tue of this a<S, ffiall be as follows : At fuch of the
ports to which there ihall be appointed a collec-
tor, naval-officer and furveyor, it ihall be the duty
of the colle6tor to receive all reports, manifefts
and documents made or exhibited to him by the
mafter or commander of any fliip or vefiel, con-
formably to the regulations prefer ibed by this aft,
to make due entry and record in books to be kept
for that purpofe, all fuch manifefts and the pack-
ages, marks and numbers contained therein ; to
receive the entry of all (liips and veflels, and of
all the goods, wares and merchandize imported
in fuch fhips or veffiels, together with the original
invoices thereof ; to eftimate the duties payable
thereon, and to endorfe the fame on each entry ;
to receive all monies paid for duties, and to take
all bonds for fecuring the payment of duties ; to
grant all permits for the unlading and delivery of
goods, to employ proper perfons as weighers, gan-
gers, meafurers and infpeftors at the feveral ports
within his diftrid:, together with fuch perfons as
fhall be neceiTary to ferve in the boats which may
be provided for fecuring the collection of the re-
venue, to provide at the public expence, and with
the approbation of ' the principal officer of the
treafury department, ftore houfes for the fafe keep-
ing of goods, together v/ith fuch fcales, weights
and meafures as fhall be deemed neceffary, and to
perform all other duties which fhall be affigned
to him by law. It fliall be the duty of the naval- Navai-offi-
officer to receive copies of all manifefts, to efli- ^^'"^"'^^"^^
mate and record the duties on each entry made ^^^°^"
with the cclleclor, and to corred any error made
L so 1
therein, before a permit to unlade or deliver fhall
be granted ; to counterfign all permits and clear-
ances granted by the colledor. It fhall be the du-
ty of the furveyor to fuperintend and dired all
infpedors, weighers, meafurers and gangers within
his diflricl, and the.employmentof the boats which
may be provided for fecuring the colleclion of the
revenue ; to go on board Ihips or vefTels arriving
within his diftridl, or to put on board one or more
infpedlors, to afcertain by an hydrometer, what
diiliiled fpirits fhall be of Jamaica proof, rating all
diftilled fpirits which fhall be of the proof of twenty-
four degrees as of Jamaica proof, and to examine
whether the goods imported are conformable to
the entries thereof 5 and the faid furveyors ihall in
all cafes be fubje^t to the controul of the collector
and naval officer.
Coikaor Sec. 6. Arid be it further enacted ^ That every col-
may ap- le£ior appointed in virtue of this a6l, iri cafe of his
puly. ^ neceifary abfence, ficknefs, or inability to execute
the duties of his office, may appoint a deputy, duly
authorized under his hand and feal, to execute and
perform on his behalf, all and fingular the pow^
ers, fundions and duties of collector of the diftricl
> to which he the faid principal is attached, who
ihall be anfwerable for the neglect of duty, or other
mal-condud of his faid deputy in the execution of
the office.
Duties of a ^^^' 7* ""^^^^ be it further cnaBed^ That in cafe of
/deputy col- the difability or death of any collector, the duties
)edor. ^p^j authorities vefled in him by this act fhall de-
volve on his deputy, if any fuch hath been appoint-
ed (for whofe condud the eflate of fuch dilabled
or deceafed colle61:or ihall be liable) and the faid
deputy fliall exercife the authority and perform all
the duties, until a fucceifor fhall be appointed.
But in cafes where no deputy is appointed, the au-
thorities and duties of the difabled or deceafed col-
lector, fhall devolve upon the naval officer of the
[ 51 ]
fame diftncl, until a fucceflbr duly authorifed and
fworn, {hall enter upon the execution of the duties
of the faid office.
Sec. 8. And be it further enacted^ That at fuch Farther du-
of the ports ellablifhed by this acl, to which a col- J^^^ "^ ^°^"
leftor and furveyor only are afiigned, the faid col- furveyor.
lector fliali execute all the duties herein required to
be done by the colledlor and naval-officer at other
ports. That at fuch ports to which a colledor only
is afTigned, fuch collector fhall poflefs all the pow-
ers, and execute as, far as may be, all the duties
prefcribed to a collector, naval-officer, and furvey-
or, at the ports where fuch officers are edablifhed j
that at fuch ports of delivery only, to which a fur-
veyor is affigned, it fhail be his duty to receive and
record the copies of all manifeils tranfmitted to him
by the colledor ; to enter and record all permits
granted by fuch collector, diftinguifhing the gauge,
weight, meafure and quality of the goods fpecified
therein ; to take care that no goods be unladen or
delivered from any fhip or veffel without fuch per-
mit ; and to perform all other duties required to be
done by a furveyor : That at fuch ports of delivery
only, to v/hich no furveyor is affigned, it ffiall be
the duty of the collector of the diftrict to attend
the unlading and delivery of goods, or in cafes of
neceffity, to employ a proper perfon or perfons for
that purpofe, who fliall poiTefs the power, and be
entitled to the like compenfation allowed to in-
fpedtors during the time they are employed. Every
colledor, naval-officer, and furveyor, fhall attend
in perfon at the port or difcrid for which he is ap-
pointed, and before he enters on the execution of
his office, fhall take an oath or affirmation in the
form follow^ing, to wit : — " I — — , do fo-
" lemnly fwear or affirm (as the cafe may be)
" that I will truly and faithfully execute and per-
" form ail the duties of a — of the port or
" diitrid of — ^ according to law, and the beil
[ 52 ]
" of my Ikill and ability." The faid path or affir-
mation fhall be adminiftered by any juftice of the
peace, and a certificate thereof, under the hand
and feal of fuch juftice, tranfniitted within three
months thereafter to the comptroller of the treafury :
Any collector, naval-officer or furveyor, failing
herein, fnall forfeit and pay two hundred dollars,
recoverable with cods in any court having cogni-
zance thereof, to the ufe of the informer. And
no weigher, gauger, m.eafurer or infpedof, fhall
execute the duties of his office, until he ihall have
taken the above oath or affirmation.
Coiieftors, Sec. 9. And be it further ena^led^ That the col-
navai offi- leclors, naval-officeis and furveyors to be appoint-
veyors to " ^d by virtue of this aQ:, (hall refpedively keep fair
keep books, and true accounts of ail their tranfad:ions relative
to their duty as officers of the cufloms, in fuch man-
ner and form as may be directed by the proper de-
partment, or officer appointed by law to fuperintend
the revenue of the United States ; and ffiall at all
times fubmit their books, papers and accounts, to
the infped:ion of fuch perfons as may be appointed
for that purpofe: And the colledors of the differ-
to°paY °aii ^^^ ports fhall at all times pay to the order of the
monies re- ^ officer who fhall be authorifed to direft the fame,
fettle'^' theii ^^ wholc of the mouics which they m.ay refped;-
accountsev- ivcly reccivc by virtue of this aft (fuch monies as
Snthr^ they are otherwife by this ad direded to pay, only
excepted) and fhall alfo, once in every three months,
or oftner if they fhall be required, tranfmJt their
accounts for fettlement to the department or officer
before mentioned.
Maftcrsof Scc. lo. And he it further enaEled^ That every
for^n ' poTs "^^^^^ or other perfon having or taking the charge
to deHver 2 or Command of any fliip or veffel, bound to any
manifeibto p^j-j- ^jp j-i.^ United States, from any foreip;n port
any ofticer * ^ n n • • t ^
who Ihall or piace, fhall deliver upon dernana, to any officer
firft go on or other perfon lawfully authoiired, who fnall firit
come on Doard his fhip or veiiel, two mamieits,
^ C 53 ]
figned by the faid mafter or perfon having com-
mand, and fpecifying in words (and not in figures)
a true account of the loading which fuch fliip or
veflel had on board at the port from which flie lafl
failed, and at the time of her failing, or at any time
fmce, the packages, marks and numbers, and no-
ting thereon to what port in the United States fuch
fhip or velfel is bound, and the name or names of
the perfon or perfons to whom the goods are con-
figned, or in cafes where the goods are fhipped
to order, the names of the (hippers, noting the
goods configned to their order. One of which
manifefts, fuch officer, or other perfon fhall fign,
and return to the mailer or other perfon having the
charge of fuch fliip or velfel, certifying thereon as
nearly as may be, the time when the fam.e was pro-
duced, and that a like manifefl was delivered to
him ; and fliall tranfmit the other manifell to the
colleftor of the diftridl to which fuch Ihip or veffel
is bound.
Sec. li. And be it further enacfed^ That the ma= To make
fter or other perfon, having the charge or com- ["^^houJT
mand of any lliip or veiTel (Ihips and veifels of war & fwear to
excepted) coming into, or arriving in any of the ^-^^"^^^'^^^
ports or dillrids of the United States, or in any of
the creeks or harbours thereof, fliall, within forty-
eight hours after fuch arrival, repair to the office
of the collector of the diltridl where fuch velfel
fhall fo arrive, and fnall report to the faid collec-
tor, the place from whence he laft failed, with the
name and burthen of his fhip or velfel, and Ihall
deHver to fuch colle£lor, two manifells, agreeably
to the diredions of this a6l, unlefs he Ihall before
have delivered one manifell to fome officer, or other
perfon lawfully authorifed in manner as herein be-
fore is required ; in which cafe he fhall deliver the
manifell certified as aforefaid, tooether with fuch
documents as are ufually furniffied in the port from
whence they came, and fhall take and fubfcribe an
li
fcC
C6
[ 54 ]
oath or affirmation, before the collector or other
proper oflicer, which oath or affirmation, he or
they are aiithorifed and required to adminifl:er, and
fnall be in the words following, to wit : '' I, ,
do foiemnly fwear or affirm (as the cafe may be)
that this is, to the bell of my knowledge and be-
'' lief, a jufl and true manifell of all the goods,
*' wares and merchandize, on board the «— , at
the port from which {h& laft failed, at the time
of her faiUng, or at any time fmce, and of which
Penalty on " veifel I am at prefent mafter." And if the maf-
rcfufai or ^^j. qj. other perfon having charge or command of
^^^^ ' any fuch fnip or veifel, fliail refufe or negleQ; to
make entry, or deliver his manifefls and docu-
ments, purfuant to the directions of this atl:, or to
take the oath or affirm^ation herein prefcribed, he
Ihall forfeit and pay five hundred dollars for each
refufal or negled-
Penalty on Sec. 12. ^nd be it further enacled^ That no
mailers and gQods, warcs or merchandize ffiall be unladen or
mitdng'^'^ delivered, from any fliip or veffel, but in open day,
goods to be Qj. without a permit from the colletlor for that pur-
unieS o- pofe ; and if the mafter or commander of any Ihip
pen day, & qj. veifel fhall fulfer or permit the fame, fuch mailer
Tiit. * ^^^" '^"^^ commander, and every other perfon who fnall
be aiding or affiiling in landing, removing, houfmg,
or otherwife fecuring the fame, fhall forfeit and pay
the fum of four hundred dollars for every oifence ;
fhall moreover be difabled from holding any office
of trufl'or profit under the United States, for a
term not exceeding feven years ; and it fhall be the
duty of the collector of the dlflrid, to advertife the
names of all fuch perfons in the public gazette of
the flate in which he refides, within twenty days
The goods after each refpective conviction. And all goods,
to be for- ^arcs and merchandize fo landed or difcharged,
fhall become forfeited, and may be feized by any
officer of the cudoms ; and where the value there-
of fliall amount to four hundred dollars, the veli'el^
C 55 ]
tackle, apparel and furniture, fhall be fubjed to
like forfeiture and feizure : Provided always^ That shipsorvef-
if any fhip or veflel compelled by diftrefs of wea- [ed'by'd^f-
ther, or other fufficient caufe, fliail put into any trefsofv/ea-
port or place of the United States, other than that JH^; ^^^^^^
to which ihe was adually deilined, the mailer or aadproteft.
other perfon having command, Ihall within forty-
eight hours next after his arrival, make report and
dehver a true manifeft of his cargo to the coile61;or
of the port or diltjrict ; and moreover (hall within
twenty-four hours, make protell in the ufual form
before a notary public or juftice of the peace, of the
caufe and circumftances of fuch diilrefs ; and if it coiicL^or
fhall appear to the coliecior, that there is a necef- ^^^^'z s?"^"*^^
lity tor unloadmg fuch ihip or veilei, he mail grant unload and
perm^ffion, and appoint a proper officer to attend fe^i periiha-
the unloading thereof; and all goods, wares and o/futfideut
merchandize fo unladen, fhall be ftored under the to defray
direction, and fubjed to the fafe keeping of fuch ^^i'"^^^*»
collector ; but if any part thereof lliall be of a pe-
rifliable nature, or it may be necelTary to make
fale of any part thereof to defray the expences of
fuch veifel or cargo, the faid colledor (hall grant a
licence to the malter, commander or owner, to dif-
pofe of fo much thereof as are periihable, or fhall
be necelTary to defray fuch expences : Provided^
That the duties thereon be firft paid or fecured : the dutic*
And provided alfo. That fuch necefTity be made '^^!"§ ^f
^ ^ ' •' paid or re-
appear by the wardens or the port, or other per- cured.
fons legally authorifed to certify the fame, and
where there are no fuch perfons, by the affidavit of
two reputable citizens of the neighbourhood, beft
acquainted with matters of that kind.
Sec. 13. And he it further enacled^ Th^t every owner or
perfon having goods, wares or merchandize, in any ^""^fY^''^'^
Ihip or veffel, which fliall arrive at any port of en- ported to
try, or of delivery only, fhall make entry with the makecntrjrj
colledlor of the port or diftrid.where the fame fliall
arrive, of all fuch goods, wares and merxihandize^
C S5 ]
fpecifying the number of packages, and the marks,
numbers and contents of each (or if in bulk, the
quantity and quality) together with an account
of the nett prime coil thereof ; and fhali moreover
produce to the colletlor, the original invoice or in-
and take an voiccs, together With the bills of loading : And the
cath to the f^j^ coliecior fhall eftimate and endorfe the duties
truth there-r i r • i i i • r t
of. on the laid entry, the party making luch entry
taking an oath or affirmation, that it contains the
whole of the goods, wares and merchandize im-
ported by him, or to him configned in fuch fliip
or veiTei, waiich Ihall then have come to his know-
ledge, and that the faid invoice contains to the
beil of his knowledge and belief, the nett prime
cod thereof, and that if he flrall afterwards difcover
any other, or greater quantity than is contained in
fuch entry, he will m.ake due report and entry
thereof : And the faid oath or affirmation fnall be
fidminiftered by the collector, and the entry ihall be
fubfcribed by the pv^rfon making the fame. Pro-
vided^ That in all cafes where the party making
entry fliall refi^de ten miles or upwards from fuch
port, the affidavit or affirmation of fuch party, ta-
ken before a julfice of the peace, and by him en-
dorfed on the original invoices, fhall be as effec-
tual as if adminiffered and endorfed by the collec-
tor.
All entries Sec. 1 4. And be it further enaBed^ That all
^nirlTd ?nd ^"^^ cntrics fo authenticated by the colleftor, toge-
counter- thcr v/ith a copy of the fame made out by the par-
figned by jy fnall, before any permit is granted for the land-
tne naval- J f, ,-'^ " 1 t 1
p^cer. mg or any gooas, wares or merchandize therein
contained, be examined by the naval-officer (where
fuch officer is effabHflied) who fhall counterfign
the fame, and retaining one, fhall return the other
certihed to the party, together v/ith the bills of la-
ding, and invoice or invoices ; and on fuch certi-
fied entries being returned to the colledor, and
0e duties thereon paid or fecured to be paid, he
[ SI ]
ihall grant a permit for the unlading and landing
the goods, wares and merchandize therein men-
tioned. And at fuch ports for which no naval-of-
ficer is appointed, the colledlor {l:iall grant like
permits for the unlading and landing of all fuch
goods as fiiall be fo entered, and the duties there-
of paid or fecured.
Sec. 15. And he it further enaBed^ That it fhall in^eftorf
and may be lawful for the coUedor, naval-officer poir^tedT
and furveyor, of any. port of entry or delivery, at
which any fhip or velTel may arrive, to put on board
fuch fliip or velfel one or more infpeclors, who
fhall make known to the perfon having charge of
fuch fliip or veffel, the duties he is to perform by
Tirtue of this a6l ; and fuch infpeflor iliall fuiFer Their di|ty,
no goods, wares or merchandize, to be delivered
without a permit from the proper officer, autho-
rifms: the fame ; and fliall enter in a book to be
by him kept for that purpofe, the contents of
each permit, fpecifying the marks and numbers of
each package, and a defcription thereof, with the
name of the perfon to whom fuch permit was grant-
ed ; and if at the expiration of fifteen working days
after fuch fhip or velTel fliail begin to unload her
cargo, there fhall be found on board, any goods,
wares or merchandize, the faid infpector fhall take
polfeffion thereof, and deliver them to the colled-
or of the diflrit^:, or to fuch perfon as he fhall au-
thorife or appoint on his ^behalf to receive the faid
goods, taking his receipt fof the fame, and giving
a certificate to the perfon having command, de-
fcribing the packages, and their marks and num-
bers, fo taken : And as foon as any fhip or veffel
is entirely unladen, he fhall with the coUedor and
naval-officer, compare the account and entries he
has made of the goods unladen from fuch fhip or
veffel, v/ith the manifeO: delivered to the colle&or,
and if it appears that there are more goods than
^re fpecihed in the faid manifelt, the fame fhall be.
[ 5^ ]
infpediors endorfed thereon, with a defcription of the pack^
duty. ages, their marks and numbers, or of fuch goods
as maybe in bulk, and the fame fhail befubfcribed
by fuch infpeclor, who is hereby dired:ed to re-
main on board the faid fliip or veiTel until fire is
difcharged : Provided always^ That the faid limit-
ation of fifteen days (hall not extend to veiTels ladeu
with fak or coal, but if the mafter or owner of
fuch veflels require longer time to difcharge their
cargoes, the w^ages of the infpeclor for every day's
attendance, exceeding the faid fifteen days, fhall
be paid by the mafter or owner. And if any
goods, wares or merchandize, fubjecl to duty, fhall
be removed from the wharf or place where the
fame may be landed, before they fliall be weighed,
or gauged (as the cafe may be) or without the
confent of the collector, or other proper officer, all
fuch goods, wares and merchandize, fo removed,
fhall be forfeited. All goods delivered to the
colledor in manner aforefaid, fhall be kept at the
charge and rifque of the owner, for a term not Ex-
ceeding nine months ; and if within that time no
.claim be made for the fame, an appraifement thereof
Ihall be made by two or more reputable merchants,
and lodged with the collector, who fliall fell the
fame at public audion, and pay the proceeds, re^
taining the duties and charges thereon, into the
treafury of the United States, there to remain for
the ufe of the owner, who fhall upon due proof
of his property, be entitled to receive the fame ;
and the receipt or certificate of the colledor, fhall
exonerate the mafter or commander from all claim
of the owner. Provided, That where entry fhall
have been duly made of fuch goods, the fame fhall
not be appraifed ; and that where fuch goods are
of a perifhable nature, they fhall be fold forthwith.
Sec. 1 6. And be it further enaded. That if any
goods, wares or merchandize, on which duties are
payable, fhall receive damage during the voyage,
C 59 ]
or fnall not be accompanied with the original in- Goods da-
voice of their coil, it fnaii be lawful for the collec- ^y|ge°"or
tor to appoint one merchant, and the owner or not accom-
confignee another, who being fworn or affirmed fn^oktrtt
by the coUedior well and truly to appraife fuch be apprai-
goods, fliall value them accordingly, and the du- ^^^*
ties upon fuch goods fnall be eftimated according
to fuch valuation ; and if any package, or any
goods flowed in bulk, which ihall have been enter-
ed as is herein before direded, (hall not be duly
delivered, or if any of the packages fo entered Ihall
not agree with the manifeft, or if the manifeft fliall
not agree with the delivery, in every fuch cafe the
perfon having command (hall forfeit and pay the
fum of two hundred dollars, unlefs it iliall appear
that fuch difagreement was occafioned by unavoid-
able neceiiity or accident, and not with intention
to defraud the revenue.
Sec. 17. A72d he it further enaded^ That the ad ^-"^^ f°^ «-
^ r ^ i ^ ftimating
valorem rates or duty upon goods, wares and mer- theadvaio-
chandize,at the place of importation, fiiali beeflima- rem rates of
ted by adding twenty per cent, to the actual coit Xceoffm-
thereof, if imported from the Cape of Good-Hope, portation.
or from any place beyond the fame ; and ten per
cent, on the actual coil thereof, if imported from
any other place or country, exclufive of all charges.
Sec. 1 8. uind be it furl her enacted. That all fo- Rates of fo-
reign coins and currencies Ihall be eftimated ac- ^^j^urren"
cording to the following rates ; each pound fler- cies.
ling of Great-Britain at four dollars, forty-four cents ;
each livre tournois of France at eighteen cents and
an half; each florin or guilder of the United Ne-
therlands at thirty-nine cents ; each mark banco of
Hamburgh at thirty-three cents and one third ;
each rix dollar of Denmark at one hundred cents ;
each rix dollar of Sweden at one hundred cents ;
each ruble of RulTia at one hundred cents ; each
real plate of Spain at ten cents ; each milree of
Portugal at one dollar and twentv-four cents ; each
[ 6o ]
pound fterling 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
Invokes to ^ half; and all other denominations of money in
rencytheof value as near as may be to the faid rates ; and the
place from invoiccs of all importations fhall be made out in
whence the ^^ r i i r ->
importation ^"6 currcucy ot the place or country from whence
the importation fhall be made, and not otherwife.
comes.
Duties,how Sec. 1 9. And be it farther ejidded^ That all du-
tobepaidor fjgg qj^ goods, warcs and merchandize imported,
fhall be paid by the importer, before a permit fhall
be granted for landing the fame, unlefs the amount
of fuch duties fhall exceed fifty dollars, in which
cafe it fhall be at the option of the party making
entry, to fecure the fame by bond, with one or
more fuflicient fureties, to be approved of by the
colledor, and made payable as followeth, to wit :
For the duties upon all articles of Weft-India pro-
duce, v/ithin four months ; for the duties upon all
Madeira wines, within twelve months ; and for the
duties upon all other goods, within fix months ;
but m any cafe the party making entry fliall be at
liberty to depofit with the collector any part of the
goods, upon which fuch duties ihail arife, of double
the value in the judgment of the collector to fecure
the payment of the duties with the charges, which
depofit the colledlor fhall accept in lieu of fuch
bond and fecurity, and fliall fafcly keep the goods
fo depofited, at the expence and rifque of the party,
for the term for which fuch bond would have been
given, at the expiration whereof, unlefs the faid
depofit fhall have been redeemed by the payment
of the duties, the faid goods fhall be fold at public
fale, and as much as fliall be neceffary applied to
the payment of the faid duties, and the refidue,
after deduding the charges which have accrued,
fhall be paid to the owner or owners of fuch goods.
Fro-Sided always^ That where the amount of duties
[ 6i 3
jiiall exceed fifty dollars, a difcount (hall be allow-
ed for prompt payment, after the rate of ten per
centum per annum on the amount of fuch excefs :
And provided alfo^ That no perfon whofe bond
for the payment of duties is due and unfatisfied,
fhall be allowed a future credit with the collec-
tor, until fuch bond fhall be fully paid or dif-
charged.
Sec. 2Q. And be it further enaded. That all the Duties on
duties impofed by law on the tonnage of any fhip tonnage to
or vefTel, fhall be paid to the collector, within ten within ten
days after entry made, and before fuch fhip or vef- ^^y^' ^^'^'
fel fhall be permitted to clear out ; the regifler of Zcq.
v/hich fhip or vedbl at the time of entry, fhall be
lodged in the office of the coUedor, and there re-
main until fuch clearance.
Sec. 2i. And he it further enaBed^ That where Bond for
any bond for the payment of duties fhall not be duties, how
fatisfied on the day it became due, the collector cuted.^''°^^'
ihall profecute for the recovery of the money due
thereon, by aftion or fuit at law, in the proper
Court, having cognizance therein ; and in all cafes
of infolvency, or where any eilate in the hands
of executors or adminiflrators, fliall be infufficient
to pay all the debts due from the deceafed, the debt
due to the United States on any fuch bonds fhall be
firfl fatisfied.
Sec. 2 2. And he it further enaded^ That when it Goods en-
fhall appear that any goods, wares or merchan- ^^J^^^ .^ ^"^^
dize of which entry fhall have been made, in the vGiced,'tobe
office of a collector, are not invoiced, according forfeited,
to the adual cofl thereof at the place of expor-
tation, and that the difference was made with de-
fign to defraud the revenue, all fuch goods, wares
or merchandize, or the value thereof to be reco-
vered of the perfon making entry, fhall be forfeit-
ed ; and in any fuch cafe, or where the collector
is fufpicious of fraud, and that any fuch goods,
I
[ 62 ]
wares or merchandize, are not invoiced at a fura
equal to that for which they have ufually fold, in
the place or country from whence they were im-
ported, it fhall be the duty of fuch collector to
take the faid goods, wares and merchandize into
his pofleflion, and retain the fame at the rifque and
expence of the owner or confignee thereof, until
their value, at the time and place of importation,
according to the principles for eftimating the fame,
eflablifhed by this acl, fliall be afcertained by two
How to be reputable merchants, mulually chofen by the faid
afcertained. colledor, and owncr or confignee, and the duties
arifmg upon fuch valuation fliail be firfl paid, or
fecured to be paid, as required by this a6l in other
cafes of importation.
Colieaoror Scc. 23. And be it further enacted^ That it fhall be
otherofficer lawful for the coiledor, or other officer of the cuf-
lulpeiting P 1 r 1
fraud, may toms, attcr entry made or any goods, wares or
open & ex- merchandize, on fufpicion of fraud, to open and
amine pack- • • 1 r r 1 i
ages. examme, m the pretence or two or more reputable
merchants, any package or packages thereof, and
if upon fuch examination they fhall be found to
agree with the entries, the officer making fuch
feizure, fhall caufe the fame to be repacked, and
delivered to the owner or claimant forthv/ith, and
the expence of fuch examination fliall be paid by
the collector, and allowed in the fettlement of his
accounts ; but if any of the packages fo examined
be found to differ in their contents from the entry,
and it fhall appear that fuch difference hath been
made with intention to defraud the revenue, then
all the goods, wares or merchandize contained in
fuch package or packages, fhall be forfeited : Fro-
n)ided always^ That if the owner or confignee of
fuch goods as fhall not be accompanied with the
original invoice, fliould choofe to wait the receipt
of the invoice, in fuch cafe, the collector fliall
take into his poffeffion, all fuch goods, wares and
merchandize, and flore the fame, at the expence
[ 63 ]
and rifque of the owner or configneCy until the in-
voice fhall arrive, or until they agree to have the
fame valued.
Sec. 24. And be it further enacted^ That every Goods fub-
collector, naval-officer and furveyor, or other per- je^^ to ^^^i
fon fpecialiy appointed by either of them for that ceaied^how
purpofe, fhall have full power and authority, to en- tobefcarch-
ter any fhip or veiTel, in which they iliall have rea- and^^'cured.
fon to fufpedl any goods, wares or merchandize
fubjed: to duty iliail be concealed ; and therein to
fearch for, feize, and fecure any fuch goods, wares
or merchandize ; and if they fliail have caufe to
fufped: a concealment thereof, in any particular
dwelling-houfe, (lore, building, or other place, they
or either of them, fliall, upon application on oath
or affirmation to any juflicc of the peace, be entitled
to a warrant, to enter fuch houfe, (lore, or other
place (in the day time only) and there to fearch
for fuch goods, and if any fhall be found, to feize
and fecure the fame for trial ; and all fuch goods,
wares and merchandize, on v/hich the duties fhall
not have been paid or fecured, fnall be forfeited.
?
Sec. 25. And be it further enaded^ That all Coiiediorta
p^o-ods, wares and merchandize which fhall be feiz- ^akecuftody
ed by virtue of this a£l, fliall be put into and re- feized.
main in the cuuody of the colledior, until fuch pro-
ceedings fhall be had, as by this a6l are required,
to afcertain whether the fame have been forfeited
or not, and if it fhall be adjudged that they are
not forfeited, they fliall be forthwith reflored to the
owner or owners, claimant or claimants thereof.
And if any perfon or perfons fhall conceal or buy Penalty for
any goods, wares or merchandize, knowiiig them orTuVinl
to be hable to feizure by this act, fuch perfon or goods iiib-
perfons fhall on conviction thereof, forfeit and pay J^'^^^'^^'^^y'
a fum double the value of the goods fo concealed
or purchafed.
Sec. 26. A.nd be it further enaBed^ That It fhall
be the duty of the feveral officers to be appointed
C 64 ]
Officers or employed by virtue of this a6i:, to make felzure
tiIurT^\l °^' ^^^ fecure any fhip or veffel, goods, wares or
well with- merchandize, which ihall be liable to feizure by
iTtheifdil ^'^^f^e of this aa, as well without, as within their
ftria. refpeclive diflrids.
Officers Sec. 27. j^nd be it further enaBed^ That if any
fuedormo- officer or other perfon, executing, or aiding and
pkad Thi^s affif^ii^-g J^ the feizure of goods, fhall be' fued or
aiii. molefted for any thing done in virtue of the pow-
ers given by this ad, or by virtue of a warrant
granted by any judge or juflice purfuant to law,
fuch officer or other perfon may plead the general
iil'ue, and give this a6t in evidence ; and if in fuch
fuit the plaintiff be non-fuited, or judgment pafs
againit him, the defendant ihall recover double
cod ; and in all adions, fuits or informations to be
broucrht, where anv feizure fliall be made ourfuant
to this ad, if the property be claimed by any per-
fon, in every fuch cafe the onus probandi fliall be
upon fuch claimant ; and if any perfon fhall forci-
bly refnl, prevent, or impede any officer of the cuf^
toms, or their deputies, or any perfon affifling them
in the execution of their duty, fuch perfons fo of-
fending /hall for every offence be hned in a fura
not exceeding four hundred dollars.
Coikaors, Sec. 28. And he it further ena6led^ That every
naval offi- collcdor, naval-officcr and furveyor, fhall within
cers, and , i r i t.
furveyorsto three uiouths alter he enters upon the execution
enter into of his officc, give bond with one or more fufficient
perform^- furctics, to be approved of by the comptroller of
anceofduty. the trcafury of the United States, and payable to
the faid United States, conditioned for the true and
faithful difcharge of thfe duties of his office accord-
ing to law ; that is to fay, the coUedor of Phila-
delphia in the fum of fixty thoufand dollars, the
colledor of New- York, fifty thoufand dollars, the
colledor of Boflon, forty thoufand dollars, the col-
ledors of Baltimore-town and Charlefton, thirty
thoufand dollars, the colledor of Norfolk and
C 65 ]
Portfmouth, fifteen thonfand dollars, the coliec- Coiiecaors,
tors oi Portfmouth in New-Harnpfhire, of Salem ^I'J'l^lT
andBeverIy,Wilmington5 Annapolis, George-town for per-
in Maryland, Bermuda-Hundred and City-point, '^°^"^^"=<=®^
and Alexandria, ten thoufand dollars each, the ^^*
colledors of Newburyport, Gloucefter, Marble-
head, Plymouth, Nantucket, Portland and Fal-
mouth, New-London, New-Haven, Fairfield, Perth-
Amboy, Cbefter, Oxford, York-town, Dumfries,
George-town in South-Carolina, Beaufort, and Sa-
vannah, each five thoufand dollars, and all the
other colledors, in the fum of two thoufand dollars
each. The naval-officers for the ports of Boiton,
New- York, Philadelphia, Baltimore- town and
Charlefton ten thoufand dollars each, and all the
other naval-officers, in the fum of two thoufand
dollars each. The furveyorsjof the ports of Bof-
ton, New-York, Philadelphia, Baltimore-town, and
Charlefton, five thoufand dollars each, and all other
furveyors, one thoufand dollars each, which bonds
ihall be filed in the office of the faid comptroller,
and be by him feverally put in fuit for the benefit
of the United States, upon any breach of the con-
dition thereof.
Sec. 29. A?2d be it further enaded^ That there xheir fees
fhall be allowed and paid to the colleftors, naval- of office and
officers and furveyors, to be appointed purfuant to p^^^^^^^^s^*
this ad, the fees and per centage following, that
is to fay ; to each collector, for every entrance of
any fhip or veflel of one hundred' tons burthen or
upwards, two dollars and an half ; for every clear-
ance of any fhip or veffel of one hundred tons bur-
then and upvs^ards, two dollars and an half; for
every entrance of any fliip or veffel under the bur-
then of one hundred tons, one dollar and an half;
for every clearance of a fliip or veffel under pne
hundred tons burthen, one dollar and an half ; for
every permit to land goods, twenty cents ; for every
jbond taken officially, forty cents ; and for every
[ 66 ]
Fees of col- permit to load goods for exportation, which are
ledkors na- entitled to a drawback, thirty cents ; for every of-
val oflicers ^ - , .^ ■'p i-iir
and furvey- licial Certificate, twenty cents ; tor every bill or
«»«• health, twenty cents ; for every other official do-
cument (regifters excepted) required by the owner
or mafter of every vellel, not before enumerated,
twenty cents ; and where a naval-officer is appoint-
ed to the fame port, the faid fees ihall be equally
divided between the colle6:or and the faid navai^
officer, apportioning to each his moiety of the ne-
celTary expences of ftationary, and the rent of an
office to be provided by the colleclor, in the place
of his refidence, moft convenient for the trade
of the diflrid, in which the faid colledor and
naval-officer Ihall each have at leaffc one feparate
room : and the faid fees fliall be received bv the
colleclor, who ihall fettle the accounts monthly,
and pay to the naval-officer the balance which
may be due to him on fuch monthly fettlement.
To each furveyor there iliall be allowed, for all the
fervices required by law% to be performed by fuch
furveyor, on board any fliip or vefiel of one hundred
tons and upwards, and having on board goods,
wares and merchandize, fubjed to duty, three
dollars ; for the like fervices on board any fhip
or veifel of lefs than one hundred tons burthen,
having on board goods, wares and merchandize,
fubjed to duty, one and an half dollars ; on all
velTels not having on board goods, w^ares and mer-
chandize fubjed: to duty, two thirds of a dollar;
all which fees ihall be paid to the colledor, by
the mafter or owner of the iliip or veifel in which
the fervices are performed, and the faid collector
fhall pay weekly to the furveyor the fees fo receiv-
ed ; to each infpedor there iliall be allowed for
every day he fhall be actually employed in aid of
the cuftoms, a fum not exceeding one dollar and
twenty-five cents, to be paid by the colleclor out
of the revenue, and charged to the public 5 to the
C 67 1
meafurers, weighers and gaugers refpe£lively for Feesof coi-
their fervices, ihall be allowed, and paid by the ^''^°''' ^^*
coUedor out of the revenue, for the meafurement
of every one hundred bufliels of fait or grain,
eighteen cents ; for the meafurement of every one
hundred bufhels of coal, tVN^enty-five cents ; for the
weighing of every one hundred and twelve pounds,
one cent ; for the gauging of every calk, fix cents.
There fhall moreover be allowed to the coUedors
at each of the following ports, to wit : Bouon,
Salem and Beverly, Nev/"-York, Philadelphia, Bal-
timore, Norfolk or Portfmouth, and Charlefton,
one half per centum on the amount of all monies
by them refpectively received and paid into the
treafury of the United States ; and to the collec-
tor at each of the other ports by this ad eftabli fir-
ed, one per centum on the amount of ill monies
by them refpedively received and paid into the
treafury of the United States. Every collector,
naval-officer and furveyor, fhall caufe to be affixed, t^bieotfeS
and conflantly kept in fome public and confpicu-
ous place of his office, a fair table of the rates of
fees, and duties demandable by law^; and in cafe
of failure herein, fliall forfeit and pay one hun-
dred dollars, to be recovered with cods, in any
court having cognizance thereof, to the ufe of the
informer ; and if any officer of the cuffoms fliall
demand, or receive any greater or other fee, com-
penfation or reward, for executing any duty or pg„^|. f^^
fervice required of him by law, he fhall forfeit and demanding
pay two hundred dollars for each offence, recover- ^^^^!^l^^^^
able in manner aforefaid, for the ufe of the party
grieved.
Sec. 30. j^nd be itfirrthcr enaBed^ That the du- ^^^^^ ^^
gold
France, England, Spain, and Portugal, and all
bther gold coin of equal finenefsj at eighty-nine
[ 68 ]
Rates of cciits for evcry pcnny-weight. The Mexican dol-
coin. i^j. at Q^g hundred cents ; the crown of France
at one dollar and eleven cents ; the crown of Eng^
land at one dollar and eleven cents, and all filver
coins of equal fmenefs, at one dollar and eleven
cents per ounce.
Drawbacks Scc* 3 1. And be it further ep.aded. That all the
drawbacks allowed by law on the exportation of
where pay- goods, warcs and merchandize imported, (hall be
^' paid or allowed by the colledor at whofe office
the faid goods, wares and merchandize were origi-
nally entered, and not otherwife, retaining one per
centum for the benefit of the United States.
and how to ' Scc. 32. Provided akvays^ and be it further
be allowed, euttcled^ That no goods, wares or merchandize
entitled to drawback, fhall be reladen before an
entry fhall be made with the colle^loi* of the port
from whence fuch goods are intended to be ex-
ported ; which entry (hall contain a particular
account of the calks and packages, their marks,
numbers and contents, the cofl thereof, the veffel
or veffels in which they were imported, and the
place or places imported from ; and the perfon or
perfons intending to export fuch goods, fhall give
bond, with one or more fufficient fureties, that
the fame or any part thereof, fhall not be reland-
ed in any port or place within the limits of the
United States, as fettled by the late treaty of
peace : and fhall moreover maKe oath or affirma-
tion as to the truth of the entry, that the goods,
wares and merchandize, are in quantity, quality
and value, as therein expreffed, according to the
inward entry thereof, which entry was duly made
at the time of importation purfuant to the diredti-
ons of this acl ; and that the quality is the fame
as at the time of importation ; and the exporter
of fuch goods Ihall not be entitled to draw back
the duties, until at leaft fix months after the ex-
C 69 ]
portation thereof, and until he fhall produce to the Drawbacks,
" ■ " " " ■ " " hoAv to h
allowed.
collector with whom fuch outward entry is made, ^''^^^'^ ^" ^^
a certificate in writing of two reputable merchants,
at the foreign port or place in which the fame
were landed, together with the oath or affirmation
of the mafter and mate of the veil'el in which they
were exported, certifying the delivery thereof ;
but in cafe any velfel fhall be caft away, or meet
with fuch unavoidable accidents as to prevent the
landing fuch goods, a proteft in due form of law,
made by the mafler and mate, or fome of the fea-
men, or in cafe no fuch protefl can be had, then
the oath or affirmation of the exporter fliall be re-
ceived in lieu of the other proofs herein directed,
unlefs there fhall be good reafon to fufped: the
truth of fuch oath or affirmation, in which cafe
it fhall and mav be lawful for the collector to re-
quire fuch further proof as the nature of the cafe
may demand. Provided al/o. That no goods, wares
or merchandize imported, fhall be entitled to a
drawback of the duties paid, or fecured to be paid
thereon, unlefs fuch duties fliall amount to twenty
dollars at the leaft ; nor unlefs they fhall be ex-
ported in the fame calk, package or packages, and
from the port or diflricl into which they were ori-
ginally imported, and moreover fnaii be reladen
under the infpeclion of the collector, naval-oflicer
or furveyor of the port.
Sec. 33. yl?7d be it further enacled^ That the Allowance
funis allowed to be paid by law on the exportation °" ^^^f ^^■
of dried or pickled fifli, and of falted provifions, dHero""
fliall be paid by the collector of the port or diflrid pickled fiiii,
from whence the fame fhall be exported : Pro- Povi/^s'"^
"oided., That due entry thereof fliall be fiiO: made, how to b«
and bonds given, as in cafe of drawbacks, and that ^'^^^'
no fuch allowance fhall be made, unlefs it fhall
amount to three dollars at the leafl upon any one
entry.
K
ex-
[ 70 3
Goods en- Sec. 34. And be it further enaded^ That if 2XiJ
drawback g^^^s, wares or merchandize, entered for export
or allow- tation with a view to draw back the duties, or to
Trfeited ^f ^^^^^^^ ^^7 ^llowance given by law on the expor-
landed after tation thereof, fliall be landed in any port or place
entry made, "vvithin the limits of the United States as aforefaid,
all fuch goods, wares and merchandize fliall be
fubjedl to feizure and forfeiture, together with
the velTel from which fuch goods Ihall be landed,
and the velTels or boats ufed in landitig the fame,
and all perfons concerned therein, fhall on in-
didment and conviition thereof, fuffer imprifon-
ment for a term not exceeding fix months : and
for difcovery of frauds, and feizure of goods-,
wares and merchandize, relanded contrary to law,
the feveral officers eftablifhed by this atl fhall have
the fame powers, and in cafe of feizure the fame
proceedings ihall be had, as in the cafe of goods,
wares and merchandize imported contrary to law :
And for meafuring, weighing or gauging goods
for exportation, the fame fees fhall be allowed as
in like cafes upon the importation thereof.
penalty on Sec. 35. And be it further enaded^ That if any
officer re- officer of the cuftoms, fhall diredly or indiredly,
ceivino" a . « •
bribe,%r take or receive any bribe, reward or recompence
conniving fQj. conniving, or fhall connive at a falfe entry of
ent^^ any fhip or veffel, or of any goods, wares or mer-
chandize, and fhall be thereof convided, every
fuch officer fhall forfeit and pay a fum not lefs
than two hundred, nor more than two thoufand
dollars for each offence, and be forever difabled
from holding any office of trufl or profit under
the United States ; and any perfon giving or offer-
ing any bribe, recompence or reward, for any
fuch deception, collufion or fraud, fhall 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 or affirmation is by
this acl required from a matter or other perfon.
[ 7' ]
having command of a fhip or veffel, or from an on mafters
owner or confignee of goods, wares and merchan- ofjeflbis or
. .ri r r r^ ' rr • n ^•^ others who
dize, ir the perion lo iwearing or aihrniing, ihali fhaii take a
fwear or affirm falfely, fuch perfon fhall, on in- ^^^^^ °^^^-
diriment and convidtion thereof, be punifhed by
fine or imprifonment, or both, in the difcretion of
the court before whom the conviction fljall be had,
fo as the fine fliall not ex.cttd. one thoufand dol-
lars, and the term of imprifonment, (ball not ex-
ceed twelve months.
Sec. ^6. And be it further enaHed^ That all Mode of
penalties accruing by any breach of this a6l, fiiall ^J^'^^Jcco-"^
be fued for and recovered with cofts of fuit, in the vering pe-
name of the United States, in any court proper f^^pl^ ^"^
to try the fame, by the collector of the diftrid where
the fame accrued, and not otherwife, unlefs in ca-
fes of penalty relating to an officer of the cudoms ;
and fuch colledlor fhall be, and hereby is autho-
rifed and dire6led to fue for and profecute the fame
to etFe<5l, and to diftribute and pay the fum reco-
vered, after firfl deducing all neceilary cofts and
charges, according to law. And all fnips or vef-
fels, goods, wares and merchandize, which fhali
become forfeit by virtue of this adl, friall be feiz-
cd, libelled and profecuted as aforefaid,in the pro-
per court having cognizance thereof ; and the
court Ihail caufe fourteen days notice to be given
of fuch feizure and libel, by caufmg the fubftance
of fuch libel, with the order of the court thereon,
fetting forth the time and place appointed for trial,
to be inferted in fome public newlpaper, neareil the
place of feizure, and alfo by polling up the fame
in the mod public manner for the fpace of four-
teen days, at or near the place of trial ; and pro-
clamation fjiall be made in fuch manner as the
court fliali dired ; and if no perfon fnall appear to
claim fuch fhip or velTel, goods, v/ares or merchan-
dize, the fam.e fhall be adjudged to be forfeited ;
but if any perfon Pnall appear before fuch judg-
forfeitures.
C 72 ]
Mode of ment of forfeiture, and claim any fuch fhip or vef-
profecuting fej^ goods, wares or merchandize, and fhall give
vering p'e- t>ond to defend the profecution thereof, and to
naitiesand rcfpond the coft in cafe he fhall not fupport his
claim, the court fnall proceed to hear and determine
the caufe according to law : And upon the prayer
of any claimant to the court, that any fhip or vef-
fel, goods, wares or merchandizes fo feized and
profecuted, or any part thereof fhould be deli-
vered to fuch claimant, it Ihall be lawful for the
court to appoint three proper perfons to appraife
fuch fhip or vefTel, goods, wares or merchandize,
v/ho fhall be fworn in open court for the faithful
difcharge of their duty ; and fuch appraifement Ihali
be made at the expence of the party on whofe
prayer it is granted ; and on the return of fuch
appraifement, if the claimant fliall,with one or more
fureties, to be approved of by the court, execute
a bond in the ufual form, to the United States,
for the payment of a fum equal to the fum at
which the fhip or vefTel, goods, wares or merchan-
dize fo prayed to be delivered, be appraifed, the
court fhall by rule order fuch iliip or vefTel, goods,
wares or merchandize, to be delivered to the faid
claimant, and the faid bond fhall be lodged with
the proper officer of the court ; and if judgment
fliall pais in favour of the claimant, the court fhall
caufe the faid bond to be cancelled ; but if judg-
ment fball pafs againfl the claimant, as to the
W'hole or any part of fuch fliip or vefTel, goods,
wares or merchandize, and the claimant fhall not
within twenty days thereafter pay into the court
the amount of the appraifed value of fuch fhip or
vefTel, goods, wares or merchandize fo condemn-
ed, with the cofts, the bond fhall be put in fuit.
And v/hen any profecution fliall be commenced on
account of the ieizure of any fhip or vefTel, goods,
wares or merchandize, and judgment fhall be given
for the claimant or claimants j if it fhall appear tq
[ r, ]
die court before whom fuch profecution fliali be Mode of
tried, that there was a reai'onable caufe of feizure, P^ofecuting
, , n 11 r 'r *"^ reco-
the lame court Ihall caule a proper certificate or vering pe-
entry to be made thereof, and ^ in fuch cafe the "^^^^f ^"^
claimant fhall not be entitled.to cofts, nor fhall the
perfon who made the feizure, or the profecutor
be liable to adion, judgment or fuit, on account of
fuch feizure or profecution. Pro-vidcd^ That the
fliip or vefl'el, goods, wares or merchandize be after
judgment forthwith returned to fuch claimant or
claimants, his or their agents : And provided^ I'hat
no action or profecution fhall |^e maintained in any
cafe under this act, unlefs the fame fhall have been
commenced within three years next after the pe-
nalty or forfeiture was incurred.
Sec. 37. And be it further enaded^ That all ihips, veffelsor
veflels, goods, wares or merchandize, which ihall goods con-
be condemned by virtue of this ad, ihaii be lold ^f"^"^^]^y
by the proper oiiicer or the court m which luch this ad,
condemnation ihali be had, to the higheit bidder 5^°Y t^,,^^
/• i - fold, and by
at public auction, by order 01 inch court, and at whom.
fuch place as the court may appoint, giving at lealt
fifteen days notice (except in cafe of perifhabie
goods) in one or more of the pubhc newfpapers
of the place where fuch fale ihall be, or if no pa-
per is pubhfhed in fuch place, hi one or more of
the papers publifhed in iht^ neareft place thereto.
Sec. 38. And be it further enactedy That ail pe- Appropm-
nalties, lines and forfeitures, recovered by virtue ^^'tl^l^""^^,
of this act (and nOt otherwife appropriated) ihall, lorfeiuucs.
after deducting all proper colts and charges, be
difpofed of as follows : One moiety fhall be for the
ufe of the United States, and paid into the trea-
fury thereof; the other moiety fliall be divided
into three equal parts, and paid to the coUedor,
naval-officer and furveyor of the diftrict wherein
the fame fliall have httn incurred ; and in fuch di-
ilriQs where only two of tlie aforefaid olhcers Ihaii
[ 74 ]
Appropm- have been efiabiifhed, the faid moiety ihall be equal?
tionof fines, jy divided between them ; and in fuch diftrids
forfeitures, wherc onlv one of the aforefaid officers fhall have
• been eftabhlhed, the faid moiety Ihall be given to
fuch officer : Provided never theJefs^ That in all
cafes where fuch penalties, fines and forfeitures,
Ihall be recovered in purfuance of information gi-
ven to fuch colledor, by any perfon, other than
the faid naval-officer and furveyor, the one half of
fuch moiety fhall be given to the informer, and the
remainder thereof fliail be difpofed of between the
colledor, naval'Omcer and furveyor, in manner
and form as above limited and expreffed.
R. liiar.d & ^^^^ ivherecis^ The flates of Rhode-Iiland and
N.Carolina. ProvidcHce Plantations, and North-Carolina, have
not as yet ratified the prefent Conditution of the
United States, by reafon whereof this ad: doth not
extend to the collecting ol duties within either of
the faid two flates, and it is thereby become ne-
ceifary that the following provifion with refped to
goods, wares or merchandize imported from either
of the faid two flates fhould for the prefent year
take place :
Goods I'm- ^^^* Z^' Be it therefor e further enable d^ That all
ported Q;oods, wares and merchandize not of their own
edUofarne S'^^^^th or manufaclurc, which fhall be imported
duties as trom either of the faid two flates of Rhode-Ifiand
from fo- ^j^j Providence Plantations, or North-Carolina, in-
reign coun- • i • ^ ^' > r i
tries. to any other port or place withm the hmits or the
United States, as fettled <by the late treaty of peace,
fhall be fubied to the like duties, feizures and for-
feitures, as goods wares or merchandize imported
from any flate or country without the faid limits.
rutia!)le ^^^' 4^* •^''^^^ ^'^ it further cnaBcd^ That no
goods of fo- goods, wares or merchandize of foreign growth
growth ^^ manufadure, fubjed to the payment of duties,
fliall be broueht into the United States, in any
other manner than by fea, nor in any fliip or vel^
L 75 1
fel lefs than thirty tons burthen, except within brought m-
the diftrict of Louifville, and except alfo in fuch f^J^^^^^'
'veflels as are now adually on their voyages ; nor ceptby fea,
fhall be landed, or unladen, at any other place ^^^^^''^^^
than is by this a6l directed, under the penalty of j!a to for-
feizure and forfeiture, of all fuch vefTels, goods, ^^ckure.
wares or merchandize, brought in, landed, or un-
laden in any other manner. And all goods, wares
and merchandize brought into the United States
by land, contrary to this acl, iliail be forfeited,
together with the carriages, horfes, and oxen, that
fhall be employed in conveying the fame.
FREDERICK AUGUSTUS MUHLENBERG,
Speaker of the Houfe of Reprefentatives,
JOHN ADAPTS, Vice-Preftdentofthe United States y
and Preftdent of the Senate,
Approved, July the 3ifl:, 1789,
GEORGE WASHINGTON,
Prefident of the United States,
CHAPTER VI.
An ACT for fettling the Accounts between the
United States and i?2dividual States,
Section i. XJ E it enaded by the Senate and
jL5 House of Representatives of '
the United States of A?nerica i?i Coiigrefs affembled^
That the Prefident of the United States be, and he v^ca
hereby is empowered to nominate, and by and with mtheboard
the advice and confent of the Senate, to appoint f/oner^w
fuch perfon or perfons as he may think proper for tobcfuppii-
fupplying any vacancy that now is, or may here- ^^'
after take place in the Board of Commiffioners,
eftabliflied by an ordinance of the late Congrefs, of
the feventh of Mav, one thoufand feven hundred •
and eighty-feven, to carry into effect the faid ordi-
nance and refoliuions of Congrefs, for the fettle-
;ancies
th
ries
[ 76 ]
ment of accounts between the United States and
individual Rates.
Clerks to Sec. 2. j^iid be it further enaEled^ That the faid
be appoint- Boaid of Commiffioners be, and they hereby are
^ ' empowered to appoint a chief clerk, and fuch other
clerks as the duties of their office may require ;
and that the pay of the faid chief clerk be fix hun-
heir faia- drcd dollars per annum, and of each other clerk
four hundred dollars per annum.
FREDERICK AUGUSTUS MUHLENBERG,
Speaker of the Hoife of Reprefentatives,
JOHN ADAMS, Vice-Prefident of the United States^
and Prejident of the Seriate.
Approved, Augufl the 5th, 1789.
GEORGE WASHINGTON,
Pref^dent of the United States.
CHAPTER VII.
An A C T /<? eftahUftj an Executive Departyv.ent^ to
he dienominated the Department of War.
Section i^T) E // enacted hy the Senate aud
1 J House of Representatives of
Sec'ry for ^^^ United. States of America in Congrefs affembled^
the depart. That there ihall be an executive department, to be
warhb denominated the Departm.ent of War ; and that
duty. there fnall be a principal officer therein, to be called
the Secretary for the Department of War, who fhall
perform and execute fuch duties as ffiall from time
to time be enjoined on, or entrufted to him by
the Prefident of the United States, agreeably to the
Conftitution, relative to military commiffions, or
to the land or naval forces, fliips, or warlike llores
of the United States, or to fuch other matters
refpefting military or naval affairs, as the Prefi-
dent of the United States fhall affign to the faid
department, or relative to the granting of lands to
i
[ 77 ]
perfons entitled thereto, for military fervices ren-
dered to the United States, or relative to Indian
affairs : And furthermore, that the faid principal
officer fliall conduct the bufmefs of the faid depart-
ment in fuch manner, as the Prefident of the Uni-
ted States fliall from time to time order or inftrui!^.
Sec. 2. A?id be it further enaded^ That there Principal
fliall be in the faid department, an inferior officer^ ^^^^^ ; ^*
to be appointed by the faid principal officer, to be
employed therein as he fliall deem proper, and to
be called the chief clerk in the department of war,
and who, whenever the faid principal officer fliall
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
cuftody of all records, books and papers, apper-
taining to the faid department.
Sec. 3. And be it further enacted^ That the faid Oath of of-
prlncipal officer, and every other perfon to be ap- ^^'^'
pointed or employed in the faid department, fliall,
before he enters on the execution of his office or
employment, take an oath or affirmation well and
faithfully to execute the trufl committed to him.
Sec. 4. And be it further enaEled^ That the Se- Secretary to
cretary for the department of w^ar, to be appointed ^^^^ charge
in confequence of this aft, fliall forthwith after his &c. of war
appointment, be entitled to have the cuftody and <i^partment
charge of all records, books and papers in the office
of Secretary for the department of war, heretofore
eftabliflied by the United States in Congrefs af-
fenibled.
FREDERICK AUGUSTUS MUHLENBERG,
Speaker of the Houfe of Reprefentatives.
JOHN ADAMS, Vice-Prefident of the United States,
and Prefident of the Senate,
Approved, Auguft 7th, 1789.
GEORGE WASHINGTON,
Prefident of the United States,
L
Recital
[ 7S ]
CHAPTER VIII.
An ACT to provide for the GovERNMENt of the
territory NorthWeJl of the River Ohio.
TIEREAS in order that the ordinance of
the United States in Congrefs aflembled,
for the government of the territory north-weft of
the river Ohio may continue to have full efFe£t, it
is requifite that certain provifions Ihould be made^
fo as to adapt the fame to the prefent Conftitution
of the United States :
Governorto SeQion I . Be it enaSfedby the Senate and House
make com- ^REPRESENTATIVES of the United States of America
to"the''pre- in Congrefs ajfemhled^ That in all cafes in v^hich by
fidentofthe j-j^g faid ordinance, any information is to be given,
Tj States • o '
or communication made by the Governor of 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 informati-
on and to make fuch communication to the Prefi-
officers, dent of the United States ; and the Prefident fliall
how to be nominate, and by and with the advice and confent
ai^pomte , ^^ ^^ Senate, fhall appoint all officers which by
the faid ordinance were to have been appointed by
the United States in Congrefs affembled, and all
fiorver& officers fo appointed, fhall be commiffioned by him j
removed, and in all cafes where the United States in Con-
grefs aifembled, might, by the faid ordinance, re-
voke any commiffion or remove from any office,
the Prefident is hereby declared to have the fame
powers of revocation and removal.
death^'re-^ Scc. 2. And he it further enacted^ That in cafe
movai, &c. of the death, removal, refignation, or neceffiiry ab-
fecretary to fence of the Govcmor of the faid territory, the Se-
powCT^f ^ cretary thereof fhall be, and he is hereby authori-
gov^^'nor fed and required to execute all the powers, and
v!ci^V' pei'form all the duties of the Governor, during the
[ n ]
vacancy occafioned by the removal, refignatioi;! or
necelTary abfence of the faid Governor.
FREDERICK AUGUSTUS MUHLENBERG,
Speaker of the Houfe of Reprefentatives.
JOHN ADAMS, Vice-Preftdent of the United States ,
and Prefdent of the Senate*
Approved, Auguft the 7th, 1789.
GEORGE WASHINGTON,
Prejtdent of the United States,
C H A P T E R IX.
An ACT for the eftahlifhment andfiipport ofhiGHT-
Houses, Beacons, Buoys, and FublicFiers.
Se6lion i. TJ E it enacted by the Senate and
Jj House of Representatives ^//;<f
United States of America in Congrefs affembled^ That Expences
all expences which fliall accrue from and after the ^'^,^^ ^^89,
fifteenth day of Auguft, one thoufand feven hun- to be de-
dred and eighty-nine, in the neceiTary fupport, main- J^f'^i'J.eafury
tenance and repairs of all light-houfes, beacons, ofu.siates.
buoys and public piers erected, placed,, or funk be-
fore the palTmg of this acl, at the entrance of, or
within any bay, inlet, harbour, or port of the Uni-
ted States, for rendering the navigation thereof eafy
and fafe, (hall be defrayed out of the treafury of the
United States : Provided ne-verthelefs ^ That none provided a
of the faid expences Ihall continue to be fo defray- ceffion be
ed by the United States, after the expiration of I^J^oteTeai"
one year from the day aforefaid, unlefs fuch light-
houfes, beacons, buoys and pubHc piers, fliall in
the mean time be ceded to, and veiled in the Uni-
ted States, by the ftate or dates refpectively in
which the fame may be, together with the lands
and tenements thereunto belonging, and together
with the jurifdiclion of the fame.
C 8o ]
Light houfe Sec. 2. And be it further enacted^ That a lighN
to be e- i^oufe fhall be ereded near the entrance of the
reeled near »-•■•»*»
entrance of Chefapcake-Bay, at fuch place, when ceded to th©
cheiapeake United States in manner aforefaid, as the Prefident
^^' of the U*nited States fhall direct.
Secretary of Scc. 3. And be it further enaded^ That it {hall
treafury to \^^ ^hc dutv of the Secretary of the Treafurv to
rf^on^fJinr TOT* ' ^
building, provide by contraQs, which fliall be approved by
lepairirig, the Prefident of the United States, for building
liece^ry? ^ light-houfe near the entrance of Chefapeake-Bay,
and for rebuilding when necelfary, and keeping in
good repair, the Ught-houfes, beacons, buoys, and
public piers in the feveral dates, and for furnifh-
ing the fame with all neceflary fupplies ; and alfo
to agree for the falaries, wages, or hire of the per-
fon or perfons appointed by the Prefident, for the
fuperintendance and care of the fame.
Pilots to be Sec. 4. And be it further enabled ^ That all pilots
Whe^extfi- ^^^ ^^ bays, inlets, rivers, harbours and ports of
ing laws of the United States, fhall continue to be regulated
the refpec- \^ conformitv with the exifting; laws of the ftates
txve It^tcs* .
refpedively wherein fuch pilots may be, or with
fuch laws as the flates may refpedively hereafter
ena6t for the purpofe, until further legiflative pro-
vifion fliall be made by Congrefs.
FREDERICK AUGUSTUS MUHLENBERG,
Speaker of the Houfe of Reprefentatives.
JOHN ADAMS, Vice-Frefidentofthe United States^
and Prefident of the Senate,
Approved, Augufl the 7th, 1789.
GEORGE WASHINGTON,
Frcfidcnt of the United States,
ioncrs.
C Bi ]
C H A P T E R X.
An ACT providing for /Z'^Expences which maf
attend Negociations 6?r Treaties 'it'///:? /Z'^ In-
dian Tribes, and the appointment of Cou'Niis-
SIGNERS for 7na7iaging the fame*
Sedion i-XJ E it enabled by the Senate and
JJ House ^Representatives c/^/i?^
United States of America in Congrefs affemhled^ That Sam appro^
a fum not exceeding twenty thoufand dollars, arifmg P"*'^<^-
from the duties on imports and tonnage, ihali be,
and the fame is hereby appropriated to defraying
the expence of negociating and treating with the
Indian tribes.
Sec. 2. And he it further encided^ That each .allowance
of the commiffioners who may be appointed for *jf <=oi*'-ri^^-
managing fuch negociations and treaties, ihall be
entitled to an allowance, exclufive of his expen-
ces at the place of treaty, of eight dollars per day
during his adlual fervice, to be paid out of the
monies fo appropriated.
FREDERICK AUGUSTUS MUHLENBERG,
Speaker of the Houfe of Reprefentatives*
JOHN ADAMS, Vice-Prcftdent of the Ufiited States^
and Prejident of the Senate^
Approved, Auguft the 20th, 1789.
GEORGE WASHINGTON,
Prejident of the United States.
CHAPTER XI.
An ACT for Registering and Clearing Ves-
sels, Regulating the Coasting Trade, a7id
for other Purpofes,
Sedlion i, T) E it enabled by the Senate a7id
J3 House of Representatives of
the United States of America in Congrefs affemhled^
That any Ihip or veiTel built within the Unite4
[ 82 ]
What fnips States, and belonging wholly to a citizen or citi-
Z^rhtle- ^^^^ thereof, or not built within the faid States, but
giiiered. on the fixtceiith day of May, one thoufand feven
hundred and eighty-nine, belonging, and thereafter
continuing to belong wholly to a citizen or citi-
zens thereof, and of which the mafter is a citizen
of the United States, and no other, may be regif-
tered in manner herein after provided, and being
fo regiflered, fhall be deemed and taken to be, and
denominated, a fhip or velfel of the United States,
and entitled to the benefits granted by any law of
the United States, to ihips or veiTels of the defcrip^
tions aforefaid,
Perfons re- Scc. 2. jind be it further enaBed^ That th^
giftering- to perfon or perfons claiming property in any fuch
certificate, ^ip ^r vcfTel, in order to entitle her to the benefits
aforefaid, fhall caufe the fame to be regiflered, and
fliall obtain a certificate of fuch regiftry from the
collector of the diftricl to which fuch fhip or veft
fei belongs, in manner hereinafter directed, which
certificate, attefied by the Secretary of the Treafury,
under his hand and leal, and counterfigned by the
collector, fhall be in the form following, viz.
Form of the " ^^ purfuance of an aclofthe Congrefs of the
certificate. United Statcs of Am.erica, entitled, " An acl for
regiftering and clearing veffels, regulating the coafl-
ing trade, and for other purpofes," [here infert
the name, occupation and refidence of the fubfcrib-
ing owner] having taken and fubfcribed the oath
or affirmation required by the faid ad, and having
fworn or affirmed, that he, together with [names,
occupation, and refidence of non-fubfctibing own-
ers] is (or are) fole owner (or owners) of the fhip
(or veffel) called the [fhip's name] of [place to
which the fhip or velfel belongs] whereof [mafler's
name] is at prefent mafler, and is a citizien of the
United States, and that the faid fnip (or veiiel) was
[when and where built] and [name of furveying
C 83 ]
officer] having certified to us, that the faid fhip or Form of the
veflel, has [number of decks] and mads, "^tificate.
that her length is her breadth
her depth and
that fhe meafures tons, that
fhe is [here defcribe the veflel and how buik] has
gallery and head :
And the faid fabfcribing owners having confented
and agreed to the above defcription and meafure-
ment, and having caufed fufficient fecurity to be
given as is required by the faid ad, the faid [kind
of veflel and name] has been duly regifliered at the
port of Given under our hands
and feals of office, at [port] this day of
in the year [words at full length.]
And the colledor fliall tranfmit to the Secretary of
the Treafury a duplicate of every fuch certificate [o
granted. And it fliall be the duty of the Secretary
of the Treafury to tranfmit to the colle6:ors' of the
feveral ports of the United States, a fufficient num-
ber of certificates attefted under his hand and feal,
leaving the blanks to be filled up by the collectors
refpedively.
Sec. 3. And be it further enacted^ That to af- Rule for af-
certain the tonna!3:e of all fliips or veflels, the fur- pertaining
veyoror other perfon appointed by the colledtor to of fhips or
meafure the fame, fliail take the length of every veueis.
veflel, if double decked, from the fore part of the
main fl:eni to the after part of the ftern poll above
the upper deck, the breadth at the broadefl: part
above the main wales, and half fuch breadth ffiall
be accounted the depth of every double decked
veflel ; he fliall then deduct from the length three
fifths of the breadth, multiply the remainder by the
breadth, and the product by the depth, dividing
the produd of the whole by ninety-five, the quo-
tient fliall be deemed the true contents or tonnage
of fuch fliip or veflel. To afcertain the tonnage
of every fingle decked veflel, he fliall take the lenoth
C H ]
and breadth, as is directed to be taken for double
decked veflels, and dedudi three fifths in Hke man-
ner, and the depth from the under fide of the deck
plank to the cieling in the hold, and ihall multi-
ply and divide as aforefaid, and the quotient fhail
be deemed the true contents or tonnage of fuch fin-
gle decked velTel.
The port to Sec. 4. And be it further enacted^ That the port
^ft^^ri '^' ^^ which any fuch fhip or veifel iliall be deemed
iiVs^orvef- to beloHg, agreeably to the intent and meaning of
feis belong this ad, fhall be the port at or near which the huf-
& the name band or ading and managing owner or owners of
painted on fijch fhip or veflel ufually refides or refide : And
the name of fuch fhip or veffel, and of the place
to which fhe belongs fliall be painted on her (tern,
on a black ground with white letters of not lefs
than three inches in length.
VeiTeis of Scc. 5. And be it further enaded^ That no fliip
fHw"^ 7' ^^ velTel owned in whole or in part by any citizen
reign coun- of the United States, ufually refiding in any fo-
triesnoten- j-^jgn couutry, fhall, during the time he fliall con-
gifterbutin tiuuc fo to rcfide, be deemed a velTel of the United
certamcafes Statcs, entitled to be regiftered by virtue of this ac^,
unlefs he be an agent for, and partner in, fdme
houfe or co-partnerihip, coniifting of citizens of the
United States, adually carrying on trade in the faid
States.
No regiftry Scc. 6. And be it further enacted^ That no re-
tobe made glftry fhall bc made or certificate granted, until the
cate'^^grant- foUowiug oath or affirmation be taken and fuhfcrib-
cd until an ed, before the officer herein before authorifed to
kel!! ^'^ '^" niake fuch regifi:ry and grant fuch certificate, (which
oath or affirmation fuch officer is hereby empow-
ered to adminifter) by the owner of fuch fliip or
veifel, if owned by one perfon only, or in cafe there
fhall be two or more owners, then by any one of
fuch owners \ namely,
I, ' of [place
(C
[ 85 ]
cf refidence and occupation] do fwear or affirm, Form of the
that the lliip or vellel of °"^^^-
[take the defcription from the certi-
ficate of the fuvveyor or other perfon authorifed by
this act] was buiit at in the year
or was the entire property
of on the fixteenth day of May,
one thoufand feven hundred and eighty-nine, and
hath continued to be tjie property of a citizen or
citizens of the United States, that the
prefent mailer, is a citizen of the United States,
and that L
and [the other owners nara^s, occupation,
and where they refpediveiy refide, viz. town,
place, county and llate, or if refident in a foreign
country, being an agent for, or partner in any
hou-e or co-partnerfliip], am or are fole owner or
owners of the faid fhip or veifel, and that no other
perfon whatever hath any property therein, and
that I, the faid [and the
faid owners, if any] am or are truly a citizen or
citizens of the United States, and that no foreigner,
direOly or indirecUy, hath any part or inierefl in
the faid fiiip or vellel. "
Sec. 7. Provided always^ and be it further enacl- Certificates
?^, That whenever the owner or ov/ners of fuch *'^ regiftry
(hip or veffel, ufiially refides or rehde out of the !^ranted°in
iiftrict within which fuch lliip or veilel may be at ^-"t- diima,
iie time of granting the certificate of regiftry, that I-^Lhlg'Tn
Inch owner, or where there are two or more own- another,
jrs, an.y one of them may take and iiibfcribe the
(aid oath or affirmation, before the colktlor of the
diliricl Within which he ufually relides, omitting
\\\ the faid oath or affirmation the defcription of
luch flilp or veflei, as expreffed in the certificate of
the lurveyor, and inferting in lieu thereof, the name
of the port and diftrid: vv'ithin which fuch fhip or
vellel may then be ; and the coliedor before whom
fuch oath or affirmation may be taken and fubfcrib-
M
,[ 86 ]
ed, Ihall tranfmit the fame to the colleQor of the-
diftrl<5l where fuch fliip or veffel may be, upon the
receipt whereof the faid colledor fhall proceed to
regifler fuch fhip or veffel, in like manner as though
the ufual and regular oath or affirmation had been
taken and fubfcribed before him.
Surveyor to Scc. 8. And be it further CTiacled^ That the fur-
meafure ycyor or Other perfon, to be appointed in purfu-
prefence of auce of this a^l, fhall, previous to the regiflering
mafter, or qj- granting of any certificate of regiflry, as aforc-
fon/on the faid, examiuc and meafure fuch fhip or veffel, as
part of the |-q ^U and cvcry particular contained in the form of
the certificate aforefaid, in the prefence of the maf-
ter, or of any other perfon to be appointed for that
purpofe on the part of the owner or owners, and
* fliall deliver a juft and true account in writing of
the built, defcription, and meafurement of every
fuch fhip or veffel as are fpecified in the form of
the certificate above recited, to the perfon author-
ifed as aforefaid, to make fuch regiflry and grant
fuch certificate thereof ; and the faid mafter or
other perfon attending on the part of the owner
or owners, is hereby required to fign his name alfo
to the certificate of the furveying or examining offi-
cer, or other perfon duly appointed, in teftimony
of the truth thereof, provided fuch mafter or other
perfon, fliall agree to the feveral particulars therein
let forth and defcribed.
Mafter,&c. Scc. 9. And be it further enacted^ That when
togivebond the Certificate of regiftry aforefaid fhall be granted,
pofeo'fctr^- fufficient fecurity by bond, fhall be given to the
tificate of collcdor in behalf of the United States, by the
rcgiftj^y. mafter and owner or owners, or by fome other per-
fon or perfons on his, her, or their behalf, fuch fe-
curity to be approved of by the colled:or, in the pe-
nalties following, that is to fay ; if fuch fhip or
veffel fliall be above the burthen of fifteen, and
not exceeding fifty tons, in the penalty of four
[ 87 ]
hundred dollars, if exceeding the burthen of fifty
tons, and not exceeding one hundred tons, in the
penalty of eight hundred dollars, if exceeding the
burthen of one hundred tons,' and not exceeding
two hundred tons^, in the penalty of twelve hun-
dred dollars, if exceeding the burthen of two hun-
dred tons, and not exceeding three hundred tons,
in the penalty of fixteen hundred dollars ; and if
exceeding the burthen of three hundred tons, in
the penalty of two thoufand dollars. And the
condition of every fuch bond (hall be, that fuch
certificate (hall not be fold, lent, or otherwife dif-
pofed of to any perfon or perfons w^homfoever, and
that the fame ihall be folely ufed for the ihip or
veffel to which it is granted, and that in cafe fuch
fhip or veffel fliall be IdiI or taken by an enemy,
burnt, or broken up, or cthervv-ife prevented from
returning to the port to which fhe belongs, the
certificate, if preferved, iliall be delivered up within
three months after the arrival of the mafter in any
'port or place in the United States, to the coUec-
itor of the diflridt where he Ihall, arrive ; and that j„ ^^^^^ ^^
I if any foreigner, or any perfon or perfons for his transfer to
ufe and benefit, fhall purchafe or otherwife become certificate''
entitled to the whole or any part or fhare of, or in- of regiftry
tereft in fuch fliip or veffel, and the fame fhall hp l^Jl^^"
within any diftrid of the United States, in fuch
!cafe the certificate of regiftry, fhall, Avithin feven
days after fuch purchafe or transfer of property in
fuch fhip or veffel, be delivered up to the colledor
of the faid diftrid ; and in cafe fuch fhip or veffel
fhall be in any foreign port or place, or at fea when
fuch transfer of intereft or property fliall take place,
the faid mafter fhall, within eight days after his ar-
rival in any port or place within the United States,
deliver up the faid certificate to the colleclor of the
diftrid where he fhall arrive ; and all the certifi-
cates fo delivered up, fnall be forthv/ith tranfmitted
by the colleclor to the Secretary of the Treafury tQ
te cancelled,
I
[ 88 ]
Veffei to Sec. 10. And be it furiher enaclcd^ That when-
edJnew^'^' evcr any ihip or veffel regiftered in conformity
with this acl, ihall in whole or in part be fold or
transferred to a citizen or citizens of the United
States, the former certificate of regiftry fliall be
delivered up to the collector, and by him with-
out delay tranfmitted to the Secretary of the Trea-
fury to be cancelled, and fach (hip or veiTel ihall
be regiftered anew by her former name, and a cer-
tiiicate thereof Ihall be granted by the colledor,
in. like manner as is herein before direfted.
A recital of Scc. II. And be it further cfiaclcd^ That when-
certificate gygj. ^^y fuch Ihip or velfel fliall in whole or in
ia inftni-^ part be I'old or transferred to any perfon or perfons,
ments of ^h^ Certificate of the regiftry of every fuch fhip or
transier. y^^gj^ {]^j^|} \^^ recitcd at length in the inftrurnent
of transfer or fale thereof, and in default thereof,
fuch inftrurnent of fale or transfer fhall be voidj
and fuch fliip or veiTel ftiall not be deemed or de-
nominated a fliip or veiTel entitled to any of the be-
nefits or advantages of a iliip or veiTel of the United
States.
Mailer of a Scc. 12. And be it farther cnacled^ That when-
vciTei being Q^^rQx the uiafter or other perfon having the charge
coUedor o^^ Command of any fhip or veiiel regiftered in man-
fliaU en- ncr herein before directed, ihall be changed, the
«rdficL"" mafter or owner of fuch iliip or veiTel ihall deliver
to the collector of the diftrict where fuch change
ihall take place, the certificate of regiftry of fuch
ftip or veiTel, who iliall thereon endorfe and fub-
fcribe a memorandum of fuch change, and forth-
with give notice of the fame io the collector of the
diftrict where fuch fnip or veffel was laft regiftered
purfuant to this a6l, who iliaii likewife make a me-
morandum of the fame in the book of regiilers,
and tranfmit a copy thereof to the Secretary of the
Treafury.
[ 89 ]
Sec. 13. A?2d be it further enaded. That if the in cafes op
certificate of regiftry of any fhip or vefiel fhall be J°^'J°*^''^;
loft or deftroyed, the mafter or other perfon hav- mafteV to
ing charge of the faid fliip or vcflel, may make oath °^^*^ o^*-
or affirmation before the collector of the diftrict
where fuch fhip or veflfel may arrive, who is here-
by authorifed to adminifter the fame in the words
and form following :
" I, belno- mailer, or havin;]^ FormoftU
charge of the fhip or velTel called the °^ *
do fwear, or affirm, that the faid fhip
or velTel hath been, as I verily believe, regiitered
according to law by the name of
and that a certiiicate thereof was granted
at the port of but that
the fame is loft or dcftroyed (as the cafe may be)
and that the fame, if found again, and comes again
within my power, fhall be delivered up to the col-
ledor of the port where it was granted ; and that
the mafter of faid fhip or veffi:^l is a citizen of the
United States ; and that the faid Ihip or veffel is,
as I believe, the entire property of a citizen or citi-
zens of the United States ; and that no foreigner
has, to my knowledge and belief, any property or
intereft therein :" and the faid oath or affirmation
ihall be filed in the office of the faid collector before
whom it was made, who is hereby required to re- CoUedorto
gifter the faid veifel anew by her former name, and ^^0]*^'* ^^^
*->.,.. -' ' veuel anew
take tne fecunty m manner herein before dlreded, by her for-
and deliver the certificate of fuch regiftry to the "^^^ ^^^^'
owner or owners, if refiding within his diftrirl:, or
if not refident there, to the mafter or other perfon
having charge of faid fliip or velTel, that fuch cer-
tificate of regiftry is granted in purfuance of this
acl, inftead of a former certificate of regiftry, which
appears by fuch proof as this ad; requires, to be loft ;
and fuch certificate of regiftry fliall have the fame
effeftwith the original, and the faid collector fhall,
within three months, tranfmit a duDlicate of the
[ 90 3
* faid certificate to the Secretary of the Treafury, to
be regiftered in his office, whofhall notify the col-
leftor who granted the certificate which was loft
or defl:royed5of the fame, who is hereby required
to caufe a memorandum thereof to be made in his
book of regifters.
B-egiftered Scc 14. And bc it further euaBed, That if any
ihipsorvef- fj^jp or velTel, after having been regiftered in pur-
aiteredrto fuance of this afl, fhall in any manner whatever,
be regifitr- be altered in form or burthen, by being length-
cd anew, ^^^j ^^ built upon, or from one denomination to
another, by the mode or method of rigging or fit-
ting, in fuch cafe, fuch velfel fhall be regiftered
anew by her former name in manner herein before
direded, as foon as flie returns to the port to which
fhe belongs, or to any other port in which fhe
may be lawfully regiftered by virtue of this ad,
otherwife fuch fhip or veffel fliall not be deemed
and confidcred as a fhip or veifel of the United
StjLtes,
Manner of Scc. 1 5. And hc it further euaded^ That the col-
rHiierr^ Ic^lor of every diftrid where regifters fhall be made
and certificates granted in purfuance of this ad,
fhall progreiiively number the fame as they fhall
be feverally pjranted, beginning at the time when
this acl fhall be in force, and continuing to the
end of the prefent year, and thenceforth begin-
ning at the commencement of every year, and fnall
enter an exad copy of fuch certificate with the
number thereof, in a book to be kept for that pur-
pofe, and fliaii within three months tranfmit to the
Secretary of the Treafury, a true copy, together
with the number of every certificate which ftiall be
by him fo granted.
V ff-' b .'l ^^^* ^ ^* ^^^ ^^ ^^ further ena&ed^ That every
in u.'states fhip or vcffel built in the United States after the
'en hun-
after ijth fifteenth day of Auguft, one thoufand fever
^g'-'7^9» jj.^^ ^j,j eighty-nincj and belonging wholly
or m
C 91 ]
part to the fubjecls of foreign powers, fliall here- and owned
corded in the office of the colledor^ of the diftria X^lTc'
In which fuch fhip or veffel was built, in manner recorded :
following, that is to fay : The builder of every ^"j[t Uh.
fuch Ihip or velTel fhall make oath or affirmation
before the collector of fuch diflrift, who is hereby
authorifed to adminifler fuch oath in manner fol-
lowing : I, • of [here infcrt the Form of the
place of refidence, tdunty and ftate] fhipwright,
do fwear, or affirm, that [here defignate the kind
of velfel] nam'ed having [number
of decks] and being in length in
breadth in depth
and meafuring tons, having
gallery and head,
was built by me, or under my diredion, at [place,
county and date] in the United States, in the year
which oath or affirmation fhall Theoathto
be recorded in manner herein before directed, in ^^^^^°^ ^ ^
a book to be kept for that purpofe.
Sec. 17. Jnd be it further enaded^ That a cer- Coiieaorto
tificate of the faid record, attefted under the hand |ca"eofreI
and feal of the collector of the diflricl as aforefaid, cord.
fhall be granted to the mailer of every fuch fhip or
vefTel, in manner following : In purfuance of an
acl, entitled, " An act
I, collector of the Form of the
diftria of in the United States, ^^"^^^^^^•
do certify, that the builder [name] of [place of
refidence, county and ftate] having fworn or af-
firmed, that the ilnp or veifel [here defignate the
kind of veftel] named whereof
is at prefent mafter, was built
at [place, county and ftate where built] by him
or under his diredion, in the year
and [here infert the name of the furveyor, or other
perfon appointed by the colleaor, where there is
no furveyor] having certified that the faid fhip or
vefTel has [numbers of decks,] is in length -
[ 92 ]
Formofthe in breadth in depth
certificate. t r
and meaiures tons ;
and the faid builder and mafter having agreed to
the faid defcription and meafurement, the faid fhip
or veflel has been recorded in the diftricl of
in the United States. Witnefs my
hand and feal, this day of
in the year ," which certificate
fhall be reco-rded in the ofnce of the collector, and
a duplicate thereof tranfmitted to the Secretary of
the Treafurv of the United States, to be recorded
in his office.
Surveyor & Scc. i8. And he it further enaFied^ That the fur*
"ivc^a di- ^'^yo^ <^^ Other perfon to be appointed by the col-
fcription of le£lor as aforefaid, is hereby required to deliver a
veffeitothe ^.j.^ account in Writing;, fipned with his name, of
the built, deicription and meaiuremxent or every
fuch fliip or veiTel, as fpecined in the form of the
faid certificate of record, of fuch {hips or velfels,
which account iliall alfo be figned by the mailer,
to the colleftor of the di(lri*5t where fuch certifi-
cate of the record fhall be eranted.
Veffei's Sec. 19. And he it further enacled^ That if the
name, or j^nalfer or the name of any fhip or veflel fo re-
maiter be- ♦ » -^ *
ing Chang- cordcd fliall be changed, tiie owner, part owner or
ed, certifi- configuee of fuch fhip or veflel fhall caufe a memo-
cndcrfed, raudum thereof to be endorfed on the certificate
othervvife of the recoid, by the collector of the difl;ri8: where
as recorded, fuch fhip or vcflel may be, or at which flie fhall
arrive, if fuch change took place in a foreign coun-
try, and a copy thereof fliall be entered in the book
of records, a tranfcript whereof fhall be tranfmit-
ted by the colleclor to the collector of the diflricl:
where fuch certificate was granted, who fhall enter
the fame in his book of records, and forward a
duplicate of fuch entry to the Secretary of the
Treafury of the United States ; and in fuch cafe,
until the faid owner, part owner or conflgnee (hall
[ 93 3
caufe the faid memorandum to be made by the col-
lector in manner aforefaid, fuch fhip or veffel fhall
not be deemed or confidered as a veffel recorded
in purfuance of this ad.
Sec 20. Andhett further enaEled^ That the maf- Rafter to
ter or other perfon having command of any fhip certificate
or veffel recorded in purfuance of this ad, fhall on of record to
entry of fuch fhip or veffel produce the certificate
of fuch record, to the colledor of the diftricl, in
failure of which the faid fliip or veffel fhall not be
entitled to the privileges of a veffel recorded as
aforefaid.
Sec. 21. And he it further enaded^ That all the Penalties &
penalties and forfeitures inflided and incurred by hovr7u5
this ad, fhall, and may be fued for, profecuted and for.
recovered in fuch courts, and be difpofed of in fuch
manner as any penalties or forfeitures inflided, or
which may be incurred for any offence committed
againfl the United States, in and by an ad, entitled,
" An ad to regulate the colledion of the duties
impofed by law, on the tonnage of fhips or veffels,
and on goods, wares and merchandizes, imported
into the United States," may legally be fued for,
profecuted, recovered and difpofed of.
Sec. 22. And he it further enaBed^ That from and VefTeis of
after the tenth day of September next, every fhip 2pJ°"ds °''
or veffel of the burthen of twenty tons or upwards, employed
built within the United States, and wholly owned Y^^'^f
, . . . , ' J Itrict & di-
by a citizen or citizens thereoi: ; or not built within ftria, or in
the United States, and on the fixteenth day of '^j'^^'^'fifl';!
May, one thoufand feven hundred and eighty-nine, eries, their
wholly owned and thereafter continuing to be own- Privileges.
ed by a citizen or citizens of the United States,but
not regiflered, if deffined from diftrid to diftrid,
or to the bank or v/hale fifheries, ffiall, in order to
be entitled to all the privileges of a fnip or veffel
belonging to the United States, employed in the
coafting trade or in the liflieries, be enrolled by the
N
[ 94 ]
colleclor of the diftrlft where the owner, or one
of the owners of fuch veflel may refide, and every
Name to 1)6 velTel fo enrolled, fhali have her name and the
theXtn"^^ name of the place to which Ihe belongs painted on
her ftern, in manner directed by this acl, for re-
giflered veffels, and fuch collector on due proof
Coiicaor, by oath or affirmation to him made by the owner
Tm^ng or one of the owners of fuch fhip or velTel of her
oath cf the name, burthen and denomination, and that fhe is
toenroihhe of the dcfcription aforefaid, and of the names of
fame and xhc owncr or owners, and of the mafler thereof,
tificate."'" and that they are citizens of the United States,
and of the place or places of refidence of fuch owner
or owners, iliall enroll in a book to be kept for
that purpofe, the name of every fuch vefl'el^ her
burthen, where built, and denomination, the name
or names, and place or places of refidence of the
owner or owners thereof, and that he or they, to-
gether with the mafter, are citizens of the United
States, a defcription of the built of fuch vefTel as
aforefaid, and the date of the enrollment, and Ihall
alfo grant to the owner or owners, a certificate,
containing a copy of fuch enrollment, and tranf-
mitto the Secretary of the Treafury a copy of eve-
ry fuch certificate of enrollment, to be by him
recorded : And whenever the property of fuch
4h{p or veffel fliall be changed in whole or in part,
the perfon or perfons who fhall then be owner or
owners, or one of them, fnall make known fuch
change to the collector of the diflridi: where he or
they may refide, and fuch collector is hereby au-
thorifed and direded to errant a new certificate of
the enrollment of fuch fhip or veffel by her former
name, to fuch owner or owners, upon his or their
delivering up the former certificate, which fhall be
fent to the office of the colledor from whence it
was iffued, to be cancelled : Provided, That the
t.veeri^ ao' rnafler or owner of every veffel of lefs than twenty
and 5 tons, tons burthen, and not lefs than five, tons, which
C 95 ,]
fhall be employed between any of the dlftrlcls in name to V,
the United States, (hall caufe the name of fuch vef- p^^^;;'^ ";;
fel and of the place to which ihe belongs, to be cenfe'grant-
painted on her ftern in manner direded by this act '^^^^^^£^""1
for regiftered velfels, and ihall annually procure a year to ex-
licence from the collec1:or of the diftria to which f''^^ ^i™
1 • 1 1 1 ' r i II 0111 ciea«
fuch veffel belongs, who is hereby authoriied to nng and
give the fame, purporting that fuch veffel is ex- ^"'-"ing.
empt from clearing and entering for the term of
one year from the date thereof ; and the mailer
or owner of every fuch veflel ihall give bond with
fufficient fecurity for the payment of two hundred
dollars to the United States, with "condition that
fuch veffel fhail not be employed in any illicit
trade or commerce ; and before any new licence
fhall be given for a fucceeding year to the mailer
of fuch velfel, he fnall on oath or affirmation, de-
clare that no illicit trade has been carried on in
fuch veffel to his knowledge or belief during the
time for which ihe w^as licenfed.
Sec. 23. A7id be it further enacted^ That the maf- veffels of
ter, commander or owner of every fhip or veffel 20 tons or
of the burthen of twenty tons or upwards, to be gfi^e^ed'^^^r
employed in trade between different diftrids in the enroU.-d, .
United States, and of every veffel to be employed £ncf tor'
in the bank or whale fifheries, having a certificate one^year.
of regiflry or enrollment, as is herein directed,
fhall, upon apphcation to the colletlor of the dif-
tri£l where fuch veffel may lie, be entitled to re-
ceive a licence to trade between the different dif-
tricls in the United States, or to carry on the
bank or whale fifhery for one year, and it fhall be
the duty of the coUedor to grant the fame ; but
no Hcence fhall be granted for any veffel until the
owner or owners applying therefor, fhall have paid
the tonnage duty thereon, and fliall enter into
bond, with fufHcient fecurity, for the payment of
one thoufand dollars to the United States, with
condition, that fuch velTd fhall not within the time
C 96 ]
for which fuch licence was granted, be employed
in any illicit trade or commerce : And if any veffel
of the burthen of twenty tons or upwards, not
having a certificate of regiftry or enrollment, and
a licence, Ihall be found trading between different
diflri^ls, or be employed in the bank or whale fifli-
eries, every fuch (hip or velfel Ihall be fubjed to
the fame tonnage, and fees, as foreign fhips or
veffels.
Mailer of Sec. 24. And be it further enaEied^ That the maf-
^^"^db un^ ^^^ ^^ commander of every fliip or veffel bound
to'deiiver a to any foreign port, (hall deliver to the collector of
nianifeft & t^g diflrift whcre fuch fhip or veffel may be, a
elegance, manifefl of the cargo on board fuch fhip or veffel,
and on making oath or affirmation to the truth
thereof, it ihall be the duty of the faid colleccor,
to grant a clearance for fuch fhip or veffel, and
Penalty for her loading ; and if any fhip or veffel bound to
vvitw. ai^y foreign port, fliall depart from the place of her
loading without fuch clearance, the mafler, com-
mander, confignee, or owner thereof, fhall forfeit
and pay the fum of two hundred dollars for every
fuch offence.
Mafrer of Scc. 25. And he it further euuBed^ That the maf-
veffeiscf 20 ter of evcry fhip or veilel of the burthen of twenty
wardrtrad' tous or upw^aids, liccuced to trade between the
ingfromdi- different diilri^ts of the United States, having on
ftria&^ t>oard goods, wares or merchandize of foreign
ving certain growth or mauufa^Lure, of the value of two hun-
ddiver nvo ^^^^ dollars, or rum or other ardent fpirits exceed-
manifeiis. ing four hundred gallons, and being bound from
one diflrid to another, fhall deliver to the collec-
tor, and where the colle6i:or and furveyor refide
at different places within the fame diftricl, to the
colledor or furveyor, as the one or the other may
refide at or nearefl to the port where fuch fhip or
veffel may be, dupHcate manifefts of the whole
cargo on board fuch fliip or veffel, whether fuch
[ 97 ]
(iargo fhall confift wholly of goods, wares, or mer-
chandize cf foreign growth or manafaclure, ot
partly of fuch goods, wares or merchandize, and
partly of goods, wares, or merchandize, the growth
or manufacture of the United States, fpecifying
therein the nimie and place of refidence of every
fhipper and confignee, together with the quantity
of goods, wares or merchandize fliipped by and
to each ; and upon the oath or affirmation of the And make
faid mafter before the faid collector or furveyor to «^*^^ ^-s^^-
' to
the truth of fuch manifeft, and that he doth not
know, and hath no reafon to believe that the re-
venue of the United States has been defrauded
of any part of the duties impofed by law upon the
importations of any of the goods, wares or mer-
chandize contained in the faid manifeft, it fhall be coiieciorto
the duty of fuch colledor or furveyor to return '"^*^"^" ^"^
to the faid mafter one of the faid manifefts, fir ft gra'ntaper-
certifying thereon that the fame had been fworn or dis-
affirmed to, and delivered to him according to law,
and alfo to grant to the faid mafter a permit au-
thorifmg fuch ihip or veftel to proceed to the place
of her deftination.
So always and provided. That where goods, wares, Goods
or merchandizes of foreign growth or manufacture, tranfported
are to be tranfported to and from the refpeCtive phUadd-^''
ports of Philadelphia and Baltimore unto each P^i^^^Eal-
other, through and acrofs the ftate of Delaware, crofrtht
a manifeft certified as aforefaid by the officers of ^^te of De-
that one of the faid ports from whence the fame i^^ccom!
goods, wares or merchandizes are to be fo tranf- paniedwith
ported, fliall be fufficient to warrant the tranfport- ^ "^"^^'^ft-
ation, thereof to the other of the faid ports, with-
out an intermediate entry in the diftrid of Dela-
ware.
Provided alumys. That no mafter of any fnip or
vcftbl, licenced to trade as aforefaid, having on
board goods, wares or merchandize of the growth.
mit.
[ 98 ]
VeiTeis li- or manufadturc of the United States only, rum
cencedmay ^^^ other ardent fpirits exceeding^ four hundred
from di- gallons cxccpted, and being bound from one dif-
ftria to di- jj.j^ ^Q another in the fame ftate, orfrom adiftrid
itna. with- . j'/i'o* I. !••• n
out mani- m onc Itate to a ailtrict m tne next adjommg Itate
fell or per- ^^n \^q obliged to deliver duplicate manifeits, or
to apply for a permit as aforefaid j but any fuch
mafter may in fuch cafe lawfully proceed to any
other diftrid in the fame flate, or in the next ad-
joining flate, freely and without interruption.
Or having Sec. 26. And be it further ena^cd. That the maf
on board jgj- ^f evcry fhip or veifel of the burthen of twent)
©r^rwih tons or upwards, licenced to trade as aforefaid
ormanufac- having on board goods, wares or merchandize o
u!^states& the growth or manufadure of the United State
bound to a only, and being bound from a diftri^l in one (tatt
fny^fther ^o 2i diftrid in any other than an adjoining flate
than an ad- fhall deliver to the colledor, or where the colledo
rmlfter ^^^ furvcyor refide at different places within th
muft deli- fame diftricl, to the collector or furveyor a^ th
ver duph- ^^ ^^iq other may refide at or neareft to the poi
cate mam- in- *^ 1 1 1 •
fcfts, &c. where fuch fhip or veilel may be, duplicate man:
feds of the whole cargo on board fuch fhip or ve
fel, fpecifying therein the name and place of ref
dence of every fhipper and confignee, together wit
the quantity of goods, wares or merchandize fhi|
On oath, pg^j by and to each : And upon the oath or affirm:
Tptrmitr" tion of the faid mafler, before the faid colledor c
furveyor, to the truth of fuch manifelt, it fhall l
the duty of fuch collector or furveyor to return i
the faid mafler one of the faid manifefls, firll ce
tifying thereon, that the fame had been fworn (
affirmed to and delivered to him according to lav
and alfo to grant to the faid mafler a permit, a
thorifing fuch fliip or veffel to proceed to the pla-
of her deflination.
Sec. 27. And be it further ertaBed^ That them:
ter of every fhip or veffel of the burthen of twen
!
[ 99 J
tons or upwards, llcenfed to trade as aforefaidjnot Arrivinor at
having on board rum or other ardent fpirits, exceed- J^^'^Jf^''^
wr four hundred gallons, and arriving from one bound, muft
didrid to another in the fome flate, or from a dif. '^-^^^f ,^
trict m one ftate to a diitnd m the next adjoming make oath
{late, with goods, wares or merchandize, of the ^nd receive
growth or manufaiSture of the United States only, ^ ^'^^
iliall, wi-thin tv/enty-four hours, Sundays" excepted,,
next after his arrival at any place or port where a
collector or furveyor refides, and before any part of
the cargo on board fuch ihip or veffel be landed or
unloaded, deUver to fuch coliedtor or furveyor a
manifeft thereof, and (hall make oath or affirmation
before fuch colleftor or furveyor, that fuch mani-
feft contains a true account of all the goods,, wares
and merchandize on board fuch fliip or veffel, and
thereupon fhall receive from fuch collector or fur-
veyor a permit to land or unload the fame.
Sec. 28. Jnd be it further enaded. That in all ^^^^f^^^Z
other cafes the mafter of every veffel of the burr of Ucenfcd
then of twenty tons or upwards, licenfed to trade ^[effeitode-
r*inii ' ^ • r i liver a man*
as aforefaid, mail withm twenty-four hours, Sun- ifeft &per-
days excepted, next after his arrival at any port or ^l ^^^^^
place within the United States, where a collector tor or fur-
or furveyor refides, and before any part of the cargo ^^^'""^
on board any fuch fliip or veffel be landed or un- cargo wa"i
loaded, deliver to fuch colledor or furveyor the tak^" on
rnanifeft thereof, authenticated before and received
from the collector or furveyor of the port or place
\vhere thefaid cargo was taken on board, together
with his permit to depart from the place of lading,
1 whereupon it (hall be the duty of fuch collector or
furveyor to grant a permit to land or unload fuch
carQ;o.
ai
Sec. 29. And be it further enacfed,lLh?it\i the
mafter of any fnip or veffel, of the burthen of twen-
ty tons or upwards, licenfed to. trade as aforefaid,
and having on board goods^ wares or merchandize^
[ loo ]
of the value of two hundred dollars, or upwards,
Penalty on fhall depart with the faid fhip or veflel from any
wSut° Po^^ ^'^^^ intent to go to another diftrift, without
manifeft fuch manifell: and permit, except as is herein after
snd permit. p^-Qvided, the Hiafter or owner of fuch fliip or veffel
fhall forfeit and pay the fum of four hundred dol-
lars for every fuch offence ; and all goods, wares
and merchandize, of the value of tv/o hundred
dollars or upwards, which fhall be found on board
any fuch fhip or veiTel after her departure from the
port where the fame were taken on board, without
being contained in, and accompanied with fuch
manifeft as is herein before directed, except as is
herein after excepted, fhall be fubjed to feizure and
forfeiture.
Frovifo. Pr(?w^f^^/w^y^, That nothing hereii> contained
fhall be condrued to fubjed the mafter or owner of
any fhip or veifel licenced to trade as aforefaid, ha-
ving on board goods, wares and merchandize of
the growth and manufacture of the United States
only, rum and other ardent fpririts exceeding four
hundred gallons, excepted, and bound from diftri-^l
to diftri6t in the fame ftate, or from a diftricl in
one flate to a diftriifi: in the next adjoining ftate, to
any penalty for having departed from the port of
loading v/ithout fuch permit and manifeO:, or to
fubje(3: the faid goods on board fuch fhip or vefiel
to feizure or forfeiture, in cafe they are not accom-
panied with a manifeft as aforefaid.
Sec. '^o. Ajid he it further enaBccL That if any
"Xl^^c* of a . '
licrnfed' ^-lip oi* veifel having a licence to trade or fifli, for
veffeibound one year, fnall within that time be deltined to any
to a foreicfn r • t n y c
port muff foreign port, the maiter or commander or every
deliver up fuch iliip or veffel, fnall before he departs from
Aiceiue. ^^^ United States, deliver fuch licence to the col
leftor of the port from whence he intends to de*-!
part ; and it fnall be the duty of fuch collector
fbrthv/ith to tranfmit the li cenfe to him fo deli-
[ loi ]
verecl, to the collecior of the diflricl v/here the
fame was granted, who fliall thereupon cancel every
licence ; and if any mailer or commander fliall
neglect or refufe, to deliver upjuch licence before
he depart from the United States, he fnall forfeit
and pay the fum of one hundred dollars for every
fuch negled or refufal.
Sec. 31. And be it further enacted^ That the Fe^s ::nd at-
fees and allowances for the feveral duties to be per- fo^fhe^u-
formed in virtue of this ad, and the difcribution ties pre-
of the feme, Ihall be as follows, to wit :— ^^^^ ^^
For the iirft regifler, or certificate of record
anted for every fiiip or veflel, there fhail be paid
o the colledor granting the fame, X^^q fum of two
' liars.
For every fubfequent one, one dollar and Hfty
/fits.
For every certificate of enrollment, fifty cents.
For every licence to trade between the difterent
^■Ptricls of the United States, or to carry on the
mk or whale fiiliery for one year, fifty cents.
For every entry of inward cargo directed to be
ade in conformity with this acl, and for receiv-
ing of, and qualifying to every manifefl of veiTels
cnfed to trade as aforefaid, fixty cents.
For a permit to land goods of foreign growth
■ manufadure, twenty cents.
For every permit to proceed to the place ol de-»
ination, twenty-five cents.
And for taking every bond required by this acl,
venty cents.
The whole amount of which fees fhall be ac^^ ^^^ ,
^ounted for by the colledor, and where there is aiiiributedu
-i colletlor, naval-officer and furveyor, fhall be
equally divided between the faid officers, and
O
C I02 ]
where there is no naval-officer, between the col-
ledlor and furveyor, and where there is only a col-
ledor, he fhall receive the whole amount thereof,
and where there is more than one fnrveyor in any
diftridl, each of them fhall receive his proportion-
able part of fuch fees as fhall arife in the port for
which he is appointed. Provided always, That in
all cafes where the tonnage of any fliip or velTel
/hall be afcertained by any perfon fpecially appointed
for that purpofe, as is herein before direded, that
fuch perfon fhall be allowed and paid by the col-
ledor a reafonable compenfation for the fame, out
of the fees aforefaid, before any diftribution there-
of as aforefaid.
Naval offi- ^^^' 3^' -^^d be it further enaded. That in eve-
cers to fign Ty cafc whcre the collector is by this a6t direded
all official ^Q errant anv licence, certificate, permit or other
documents. o > -^ •»
document, the naval-officer, if there be one rea-
ding at the port, fhall fign the fame.
La cafes of Scc. 33. And be it further enacled. That in every
forfeiture of cafe where a forfeiture of any fhip or vefTel, oi
veffd nime ^^ ^^Y goods, warcs or merchandize fhall accrue.
of owner or it fhall bc the duty of the collector or other pro-
bf^alvenT- P"^ officer, who fhall give notice of the fale oi
fed. fuch fliip or vefTel, or of fuch goods, wares oi
merchandize, to infert in the fame advertifement.
the name or names, and the place or places of re-
fidence of the perfon or perfons, to whom an)
fuch fliip or veffel, goods, wares or merchandize.
belonged or were configned at the time of fuch
feizure.
Penalties Scc. 34. And be it further enaEled^ That ever)
for offences colledlor who fliall knowingly make any falfe re^
aS^ ^ ^^ gift^i*3 record, or enrollment of any fhip or veffel .*
and every officer or perfon appointed as is hereir
provided, who fhall make any falfe record, or gran
any falfe certificate, or any document whatever, ii
any manner that fliall not be herein prefcribed, oi
[ 103 ]
that fhall be contrary to the true intent and mean- Penalties
ing of this acl, or fhall take any other or greater ^"^•^^'^"fjg
fees than are by this ad allowed, or receive any a^.
other reward or gratuity, contrary to the provifi-
ons of this a6l ; and every furveyor, or other per-
fon appointed to meafure fhips or veflels, who Ihall
wilfully deliver to any collector or naval-officer, a
falfe defcription of any fhip or vefTel to be regif-
tered, recorded or enrolled, in purfuance of this
aft, fhall, upon convidion of any fuch negleft or
oifence, forfeit the fum of one thoufand dollars,
arid be rendered incapable of ferving in any office
of trufl or profit under the United States ; and if
any perfon or perfons, authorifed and required by
this adt, in refpect of his or their office, or offices,
to perform any acl or thing required to be done or
performed, purfuant to any of the provifions of this
aft, and wilfully neglefting or refufmg to do or
perform the fame, according to the true intent and
meaning of this aft, ffiall, on being duly convifted
thereof, if not fubjeft to the penalty and difqua-
lification aforefaid, forfeit the fum of five hundred
dollars for the firfl offence, and a like fum for the
fecond offence, and fliall from thence forward be
rendered incapable of holding any office of trufl or
profit under the United States.
Sec. 35. And be it further enacted^ That if any
certificate of regiflry, record, or enrollment, ffiall o/^rJgiftry,
be fraudulently ufed for any fhip or veffei, not en- &c.fraudu'
titled to the fame by this aft, fuch fhip or veffei l^-po^rvemll
fhall be forfeited to the United States, with her forfeited.
tackle, apparel and furniture.
Sec. 36. 'And he it further enafled^ That if any ^ ^^,^^
perfon or perfojis fhall faliely niake oath or affir- nakiet for
mation to any of the matters herein required to "f^'j^^s a-
be verified, fuch perfon or perfons fhall fuffer the S!"
like pains and penalties, as fhall be incurred by
perfons committing wilful and corrupt perjury j
4
and that if any perfon or perfons, fhali forge}
counterfeit, erafe, alter or falfify, any certificate^
regiiler, licence, permit or other document, men-
tioned in this d-tly or to be granted by any ofFiccr
of the cufloms, fuch perfon or perfons Ihall, for
every fuch offence, forfeit the fum of five hundred
dollars.
' t
No allow- Sec. 37. j^fid whereasy By an act entitled*
ance on e>:- «« An aft for laying a duty on goods, wares and
drieT'or"^ merchandizes imported into the United States," it
pickled Ml, is provided, That there fliall be allowed or paid
provion, ^v^ cents on every quintal of dried fifli, and on
prior to the everv barrel of pickled fiili, and of faked provifi-
May 7; 4. ^^^5 exported from the United States to any coun-
try without the limits thereof, in Heu of the draw-
back of the duties impofed on the importation of
the fait employed and expended therein, and there
are now large quantities of fait within the United
States, imported before any duties wxre laid for
the ufe of the faid States :
B2 it enacledy That no allowance fhall be made
by any collector, for any dried or pickled fifh, 01
for any faked provifions, which fhall be exported
from the United States prior to the lafl day of May,
one thoufand feven hundred and ninety.
FREDERICK AUGUSTUS MUHLENBERG,
Speaker of the Houfe of Reprefentatives,
JOHN ADAMS, Vice-Prcfdent of the United States^
ayid Prefident of the Senate,
Approved, September the iff, 1789.
GEORGE WASFIINGTON,
Prefident of the United States,
C 105 ]
CHAPTER XII.
J?i ACT to eflablifo //j^ Treasury Department.
Se<^ion i. T>E it enacted by the Senate and
House of Representatives of
the United States of America in Congrefs affemhled^ ^^^^^G -
That there iliall be a department of Treafury, in nTted \
which fliall be the following ofFicers, namely ; a Se-
cretary of the Treafury, to be deemed head of the
department ; a Comptroller, an Auditor, a Trea- officers
furer, a Regifter, and an Alliilant to the Secretary ^^^'^"^•
of the Treafury, which Affiilant ihall be appointed
by the faid Secretary.
,Sec. 2. And he it further enacted^ That it fl:all Y)v.'6z% of
be the duty of the Secretary of the Treafury to di- the fecreta*
geft and prepare plans for the improvement and ^^^'
management of the revenue, and for the fupport of
public credit ; to prepare and report eiliimates of
the public revenue, and the public expenditures ; to
fuperintend the colleclion of the revenue ; to decide
on the forms of keeping and ftating accounts and
making returns, and to grant under the limitations
herein eftablifhed, or to be hereafter provided, all
warrants for monies to be ilTued from the Treafury,
in purHiance of appropriations by law ; to execute
fuch fervices relative to the fale of the lands belong-
ing to the United States^ as may be by law requi-
red of him ; to make report, and give information
to either branch of the Le^-illature, in oerfon or in
writmg (as he may be required), refpecting all mat-
ters referred to him by the Senate or Houfe oi Re-
prefentatives, or which fhall appertain to his office ;
and generally to perform all fuch fervices relative
to the finances, as he fliall be direded to perform.
Sec. 3. And he it further enacted.^ That it frjall ^^'^les of
be the duty of the Comptroller to fuperintend the troikr?"^^'
adjuftment and prefervation of the public accounts ;
to examine all accounts fettled by the Auditor, and
treafurer.
[ io6 ]
Duties of certify the balances arifmg thereon to the Regif-
tidier r^" ^^^ ' ^° counterfign all -warrants drawn by the Se-
cretary of the Treafury, which Ihall be warranted
by law ; to report to the Secretary the official
forms of all papers to be ifliied in the different
offices for coileding the public revenue, and the
manner iand form of keeping and dating the ac-
counts of the feveral perfons employed therein :
He fhall moreover provide for the regular and
pundual payment of all monies which may be col-
lecled, and fhall dired profecutions for all delin-
quencies of officers of the revenue, and for debts
that are, or fnall be due to the United States.
Sec. 4. And be it further enaBed^ That it fhall
Of the be the duty of the Treafurer to receive and keep the
monies of the United States, and to difburfe the
fame upon warrants drawn by the Secretary o:
the Treafury, counterfigned by the Comptroller
recorded by the Regifter, and not otherwife ; h(
fhall take receipts for all monies paid by him, anc
all receipts for monies received by him, fl:iall be
endorfed upon warrants figned by the Secretary o:
the Treafury, without which warrant fo figned, nc
acknowledgmxcnt for money received into the pub
lie treafury fhall be valid. And the faid Treafa
rer fhall render his accounts to the Comptrollei
quarterly (or ofcener if required), and fhall tranf
mit a copy thereof, when fettled, to the Secretar)
of the Treafury. He fhall moreover, on the thirc
day of every feffion of Congrefs, lay before tht
Senate and Houfe of Reorefentatives, fair and aC'
curate copies of all accounts by him from time tc
time rendered to, and fettled with the Comptrollei
as aforefaid, as alio, a true and perfect account o;
the ftate of the Treafury. He Ihall at all timej
fubmit to the Secretary of the Treafury, and the
Comptroller, or either of them, the infpection oi
the monies in his hands \ and ihall, prior to the
C 107 ]
entering upon the duties of his office, give bond. Dudes of
" ■ - ■ ' the f
furer ;
with fufficient fureties, to be approved by the Se- ^^^ ^^^^'
cretary of the Treafury and Comproller, in the fum
of one hundred and fifty thoufand dollars, payable
to the United States, with condition for the faith-
ful performance of the duties of his office, and for
the fidelity of the perfons to be by him employed,
iwhich bond fhall be lodged in the office of the
Comptroller of the Treafury of the United States.
' Sec. 5. J^nd be it further enaSled^ That it fhall of the au-
be the duty of the Auditor to receive ail public ac- ^"°^'
counts, and after examination to certify the balance,
and tranfmit the accounts with the vouchers and
certificate to the Com.ptroller for his decifion there-
on : Provided^ That if any perfon whofe account
fhall be fo audited, be diffatisfied therewith, he
may within fix months appeal to the Comptroller
againft fuch fettlement.
, Sec. 6. And be it further enaBed^ That it fliall of the re-
be the duty of the Regifter to keep all accounts of S'^^^^°
the receipts and expenditures of the public money,
and of all debts due to or from the United States ;
to receive from the Comptroller the accounts which
(hall have been finally adjufted, and to preferve fuch
accounts with their vouchers and certificates ; to
record all w^arrants for the receipt or pavment of
monies at the treafury, certify the fame thereon,
and to tranfmit to the Secretary of the Treafury,
(copies of the certificates of balances of accounts
iadjufled as is herein direded.
Sec. 7, And be it further enacled, That when- secretary
jever the Secretary fhall be removed from office by removed, or
!the Prefident of the United, States, or in any other cant, affX
cafe of vacancy in the office of Secretary, the affifl- ^nt to have
jant fhall, during the vacancy, have the charge and Jefo^S, &t
icuflody of the records, books, and papers apper-
taining to the [aid office.
[ io8 ]
Perfons ap- Scc. 8. And he it further e7iadedy That no-per-
pomteri to ^^^ appointed to any office inltituted by this a6l,
onice under ■* ; . -; ' '
thisa«ft, fhall diredly- or indireciiy be concerned or inter-
efted in carrying on the bufmefs of trade or com-
merce, or be owner in whole or in part of any fea
prohibition veffel, or purchafe by himfelf, or another in trufli
for him, public lands or any other public property,
or be concerned in the purchafe or difpoial of any
public fecurities of any flate, or of the United States,
or take or apply to his own ufc, any emolument or
gain for negociating or tranfading any bufmefs in
And penal- ^^^ ^"^^^ department, other than what fhall be al-
tyforbreach lowcd by law ; and if any perfon fliall ofiend againfl
of them, ^^y ^f ^x^^ prohibitions of this ad, he fnail be
deemed guilty of a high mifdemeanor, and forfeit
to the United States the penalty of three thoufand
dollars, and Ihall upon conviclicn be removed from
ofHce, and forever thereafter incapable of holding
any office under the United States : Provided^ That
if any other perfon than a public profecutor Ihall
give information of any fuch offence, upon whicl:
a profecution and conyiclion fnall be had, one hall
the aforefaid penalty of three thoufand dollars.
when recovered, fliall be for the ufe of the perfon
giving fuch information.
FREDERICK AUGUSTUS MUHLENBERG,
Speaker of the Houfe of Reprefentatives.
JOHN ADAMS, Vice^Frefidentofthe United States.
and Prefident of the Senate,
Approved, September the 2d, 1789.
GEORGE WASHINGTON,
Prefideni of the United States.
^ll
C 109 ]
CHAPTER XIIL
'In ACT for eftahlijhmg the Salaries of the
Executive Officers of Government, with
their Assistants and Clerks.
Sedion i. 13E // ena^ed by the Senate ^3^.^.^ Annual fa-
J_j^ House of Representatives ^/^ janes efta-
ihe United States of America in Congrefs affemhled^ ^i^i^ ^"Sl
That there fliall be allov/ed to the Officers hereaf- tcriy:
ter mentioned, the following annual falaries, pay-
able quarterly at the treafury of the United States :
To the Secretary of the Treafury, three thoufand
five hundred dollars : To the Secretary in the de-
partment of ftate, three thoufand five hundred dol- ^^^'^ ^^' ^'^^
irr-ilo '11 ptO V/hat of-
lars : lo the Secretary in the department or war, ficersaiiow-
three thoufand dollars : To the comptroller of the c<i.
treafury, two thoufand dollars : To the auditor,
fifteen hundred dollars : To the treafurer, two
thoufand dollars : To the regifler, twelve hundred
and fifty dollars : To the governor of the we (fern
territory, for his falary as fuch, and for difcharg-
ing the duties of fuperintendant of Indian affairs
in the^northern department, two thoufand dollars :
To the three judges of the weilern territory each,
eight hundred dollars : To the aiTiilant of the fe-
cretary of the treafury, fifteen hundred dollars :
To the chief clerk in the department of flate, eight
hundred dollars : To the chief clerk in the depart-
ment of war, fix hundred dollars : To the fecre-
tary of the weftern territory, feven hundred and
fifty dollars : To the principal clerk of the comp-
troller, eight hundred dollars : To the principal
clerk of the auditor, fix hundred dollars : To the
principal clerk of the treafurer, fix hundred dollars.
Sec. 2. And be it further enable d^ That the heads Heads of
of the three departments firft above mentioned, (hall ^^^p^^^-'^'^'^^t'*
appoint fuch clerks therein refpedivelv as thev fnall ckrks;
F
[ no ]
their faia- find neceflary ; and the falary of the faid clerks
!■''?• refpedively fhall not exceed the rate of live hundredl
dollars per annum.
FREDERICK AUGUSTUS MUHLENBERG,
Speaker of the Hoiife of Reprefentaiives,
JOHN ADAMS, Vice-PrefJe7it of the United States,
and Prejident of the Senate.
Approved, September the nth, 1789.
GEORGE WASHINGTON,
Prefident of the United States.
CHAPTER. XIV.
An A C T to p7'ovide for the fafe-keeping of the
Acts, Records, and Seal of the United States,
and for other Purpofes.
Se'clion I. X5 E // enabled by the Senate am
Depariment B"^ tt r t\
offoreignaf- ^ Jl3 HoUSE oJ REPRESENTATIVES Oj
fairs Chang, fjj^ United States of America in Conzrefs ■affembled.
partment of That the Executive Department, denommated the
ftate. Department of Foreign Affairs, fliall hereafter be
denominated the Department of State, and the
principal officer therein fhall hereafter be caliec
the Secretary of State.
Additional ' Sec. 2. And be it further ena^led^ That when-
duties af- ever a bill, order, refolution, or vote of the Senate
feSetary*of ^1^^ Houfc of Reprefentatives, having been ap-
the faid de- proved and figned by the Prefident of the United
partmenc. States, or not having been returned by him with
his objedions, fhall become a law, or take effed,
it fhall forthwith thereafter be received by the faid
Secretary from the Prefident : and w^henever a bill,
order, refolution, or vote, fnall be returned by the
Prefident with his objedions, and fliall, on being
reconfidered, be agreed tg be paifed, and be ap-
C "I ]
proved by two thirds of b.oth Houfes of Congrefs,
and thereby become a law or take effect, it ihail,
in fuch cafe, be received by the faid Secretary
from the Prefident of the Senate, or the Speaker
of the Houfe of Reprefentatives, in whichfoevcr
Houfe it fhall lad have been fo approved ; and the
faid Secretary (hall, as foon as conveniently may
be, after he fhall receive the fame, caufe every
fuch law, order, refolution, and vote, to be pub-
lifned in at leaft three of tiie public newfpapers
printed within the United States, and fhall alfo
caufe one printed copy to be delivered to each
Senator and Reprefencative of the United States,
and two printed copies duly authenticated to be
fent to the executive authority of each ftate ; and
he fhall carefully prefer ve the originals, and fhall
caufe the fame to be recorded in bo.oks to be pro-
vided for the purpofe.
Sec. 3. And be it further enacted^ That the feal Seai of the
heretofore ufed by the United States in Congrefs ^^^l^^
affembled, fhall be, and hereby is declared to be
the feal of the United States.
Sec. 4. And be it further enaSled^ That the faid seereuryto
Secretary fhall keep the faid feal, and fhall make ^eepandaf-
out and record, and fhall affix the faid feal to all to^airdv^
civil commiiiions, to officers of the United States, commifu-
OIK.
to be appointed by the Prefident by and with the
advice and confent of the Senate, or by the Prefi-
dent alone. Provided, That the faid feal fhall not
be affixed to any commiilion, before the fame
fhall have been figned by the Prefident of the
United States, nor to any other inftrument or
act, without the fpecial warrant of the Prefident
therefor.
Sec. 5. Aiid be it further enacted. That the faid secretary to
Secretary fhall caufe a feal of ofhce to be made for provide^ a
the faid department of fuch device as the Prefident ^'^'''''^^'
of the United States fliall approve, and all copies
I
C i'2 I
of records and papers in the faid office, authentic
cated under the faid feal, fliali be evidence equally
as the original record or paper.
Fees of of- Sec. 6, j^nd be it further enacled^ That there
^^A T ^y^ ^all be paid to the Secretary, for the ufe of the
paid lor the -j-t'io i r r
ufe of the United States, tne following fees of office, by the
States'^ perfons requiring the fervices to be performed, ex-
cept when they are performed for any officer of the i
United States, in a matter relating to the duties oi
his office, to wit : For making out and authenti-
cating copies of records, l^n cents for each iheet,
containing one hundred words ; for authentica-
ting a copy of a record or paper under the feal oi
office, twenty-five cents.
w Sr ^^^' 7' ^^^ ^^ it further enaded^ That the faid
dy of pa- Secretary fhall forthwith after his appointment, be
pers, &c. of entitled to have the cuftody and charge of the faid
l?te Con-
grefs. ' f<2al of the United States, and alfo of ail books, re-
cords and papers, remaining in the office of the late
Secretary of the United States in Congrefs affem-
bled ; and fuch of the faid books, records and pa-
pers, as may appertain to the Treafury department,
or War department, fhall be delivered over to the
principal officers' in the faid departments refpec-
tively, as the Prefident of the United States Ihall
direct.
FREDERICK AUGUSTUS MUHLENBERG,
Speaker of the Houfe of Reprcfentathes, >
JOHN ADAMS, Vice-Prefident of the United States.
and P reft dent of the Senate.
Approved, September the 15th, 1789.
GEORGE VxTASHINGTON,
Prefident of thelJnited States.
[ 113 D
CHAPTER XV.
An ACT to fufpend part of an Acl^ eniitled " An
Ad to regulate the colkdion of the Duties impofed
by Law on the Tonnage of Ships or Veflels, and
on Goods, Wares, and Merchandizes, imported
into the United Statesy^ and for other Purpofes.
3e6tion i . "TJ E it enaBed by the sSen ate and House Reftrk^ion
13 of Representatives of the United?'' 7^^^^^
/i^ y . /r 7 7 7 rr-i c bound ud
"states of America in Longrefs a[jembledy Ihat lo the Potow'-
iiuch of the a6l, entitled' «' An A«5l to reejulate ^^^cfuf-
/iie coUedion of the duties impofed by law, on the
onnage of fhips or veflels, and on goods, wares,
md merchandizes, imported into the United
States," as obliges fnips or veffels bound up the
iver Potowmac, to come to, and depofit manifefls
)f their cargoes, with the officers at Saint Mary's
nd Yeocomico, before they proceed to their port
:)f delivery, fhall be and is hereby fufpended until
;he firll day of May next.
Sec. 2. Pjc it further enaded^ That all the privi- Privileges
eges and advantages to v/hich (hips and welTels of ftips &c.
Dwned by citizens of the United States, are by ^ed slates'"
law entitled, fnall be, until the fifter^nth day of Ja- extended to
tiuary next, extended to fnips and veffels wholly ^Jf/^h'^ca-
Dwned by citizens of the States of North-Carolina, roUna. and
and Rhode-Ifland and Providence Plantations. — m^'andrun-
Provided, That the mafter of every fuch fhip or til the J5th
veffel laft mentioned, fhall produce a redder for ""^ J^''''^
, _ ~ r o next.
the lame, conformable to the laws of the ftate in
which it fnall have been obtained, fhewing that the
faid (hip or veffel is, and before the firlt day of
September inftant, was owned as aforefaid, and
make oath or affirmation, before the collector of
the port in which the benefit of this aft is claimed,
thatrthe fhip or veffel for which fuch regider is
produced, is the fame therein mentioned, and that
he believes it is flill wholly owned by the perfon or
L 1^4 ]
perlon5 named in fald regifler, and that he or they
are citizens of one of the Hates aforefaid.
Certain ar- Sec 3. And be it further ena&ed^ That all rum,
tides fub- Jq^^c fyo-gj. anj chocolate, manufactured or made
ject to du- " ' '
ties as on in the States of North-Carohna, or Rhode-Illand
foreign ^^^ Providcnce Plantations, and imported oi
goods. . , r\
brought into the United States, ihall be deemed
and taken to be, fubjed to the like duties, as
goods of the like kinds, imported from any foreign
It ate, kingdom or country, are made fubjed to.
Rehoboth Sec. 4. And be it further ena^ied^ That Reho-
fpmtfet both, in the flate of MaiTachufetts, fhall be a pori
try. of entry and delivery, until the fifteenth day o:
January next, and that a collector be appointee
for the fame.
FREDERICK AUGUSTUS MUHLENBERG
Speaker of the Hoitfe of Reprefentatives,
JOHN ADAMS, Vice-Prefident of the United States
and Frefident of the Senate.
Approved, September the i6th, 1789.
GEORGE WASHINGTON
Frefident of the United States,
CHAPTER Xyi.
An AQT for the temporary eftablifhment of the Post
Office,
Sedion i. ""O^ E // enacfed by the Senate am
Powrersand ^J^ HoUSE of REPRESENTATIVES 0
the United States of America in Congrefs ajfemblea
That there fnail be appointed a Poflmafler-gene
ral ; his pov*^ers and (alary, and the compenfatioi
to the ailiitant or clerk and deputies which he ma;
appoint, and the regulations of the poft-office flial
C "5 1
be the fame as they laft were under the refolutions
and ordinances of the late Congrefs. The Poft-
mafter-general to be fubje6l to the diredion of the
Prefident of the United States in performing the
duties of his office, and in forming contracts for
the tranfportation of the mail.
Sec. 2. Be it further eiiaEled^ That this ad fliall Limitation.
continue in force until the end gf the next feiTion
of Congrefs, and no longer.
FREDERICK AUGUSTUS MUHLENBERG,
Speaker of the Houfe of Reprefentatives.
JOHN ADAMS, Vice^Prefidentofthe Utiited States,
' ; afid Prefident of the Senate.
Approved, September the i8th, 1789.
GEORGE WASHINGTON,
Prefident of the United States,
CHAPTER XVII.
An AQT for allowing Compensation to the Mem-
bers of the Senate and Houfe of Reprefentatives of
the United States, and to the Officers of both Hotfes.
Section i. TJ E it enaded by the Senate and Senztors,
House of Representatives ^/^ their allow,
■J ^ ^ '' ance tor at-
ine United States of America 171 Congrefs ajfemhled, tendance &
That at every feflion of Cono^refs, and at every traTCiimg
, •' . ^ prior to the
meeting of the Senate in the recefs of Congrefs, 4th of
prior to the fourth day of March, in the year one ^a^<:^»
thoufand feven hundred and ninety-five, each Sena- "'
tor fliall be entitled to receive fix dollars ^ for every
day he fhall attend the SePxate, and (liali alfo be al-
lowed, at the commencement and end of every
fuch feflion and meeting, fix dollars for every tv/en-
ty miles of the eftimated dilfance, by the moil ufiial
road, from his place of refidence to the feat of Con-
[ ii6 ]
grefs : And in cafe any member of the Senate fhall
be detained by ficknefs on his journey to or from
any fuch fefTion or meeting, or after his arrival (hall
be unable to attend the Senate, he fhall be entitled
to the fame daily allowance : Provided always.
That no Senator fhall be allowed a fum exceeding
the rate of i\yi dollars a day, from the end of one
fuch fefTion or meeting to the time of his taking a
feat in another.
AUowarxce Scc. 2. And bc it further enaBed^ That at ever)
for attend- feffion of Congrcfs, and at every meeting of the
veiling, af- Scuatc iu the recefs of Congrefs, after the aforefaid
ter the 4th fourth dav of March, in the year one thoufand
of March - •
1^^^. '" feven hundred and ninety-five, each Senator fhall
be entitled to receive feven dollars for every day he
fhall attend the Senate ; and fliall alfo be allowed
at the commencement and end of every fuch fefTion
and meeting, feven dollars for every tv/enty milei
of the efiimated diflance, by the moft ufual road,
from his place of refidence to the feat of Congrefs
And in cafe any member of the Senate fhall be de
tained by ficknefs, on his journey to or from an)
fuch fefiion or meeting, or after his arrival fhall b(
unable to attend the Senate, he fhall be entitled tc
the fame allowance of feven dollars a day : Providec
always^ That no Senator fliall be allowed a fum ex-
ceeding the rate of feven dollars a day, from the
end of one fach fefiion or meeting to the time oj
his taking a feat in another.
Memi>€rsof Scc. 3. And be it further etia fled ^ That at ever)
theHoufoof felTion of Congrefs, each Reprelentative fliall be en-
atives^thdr titlcd.to rcccive fix dollars for every day he fhall at-
allowance tend the Koufe of Reprefentatives ; and fliall alfc
fnce^lnd"^' be allowcd at the commencement and end of every
travelling. fefTiou, fix dollars for every twenty miles of the efli-
mated diflance, by the mod ufual road, from his I
place of refidence to the feat of Congrefs : And ii
cafe any Reprefentative fliall be detained by fick-
nefsjon his journey to or from the fefiion of Con-
C 117 ]
grefs, or after his arrival fhall be unable to attend
the Houfe of Reprefentatives, he fhall be entitled
to the daily allowance aforefaid : And the Speaker
of the Floufe of Reprefentatives, to defray the inci-
dental expenfes of his office, fhall be entitled to
receive in addition to his compenfation as a Re-
prefentatives fix dollars for every day he fhall at-
tend the Houfe : Provided always^ That no Repre-
fentative fhall be allowed a fum exceeding the rate
3f fix dollars a day, from the end of one fuch fefhon
3r meeting to the time of his taking a feat in ano-
:her.
vSec. 4. And be it further enacled^ That there fhall chaplains,
3e allowed to each chaplain of Congrefs, at the rate Secretary .^^
)!' five hundred dollars per annum during the fef- fakries and
ioii of Congrefs ; to the fecretary of the Senate allowance.
nd clerk of the Houfe of Reprefentatives, fifteen
lundred dollars per annum each, to commence
rem the time of their refpeclive appointments ; and
lUb a further allowance of two dollars per day to
;ach, during the fefTion of that branch for which
le officiates : And the faid fecretary and clerk fhall
jach be ailov/ed (when the Prefidentof the Senate
)r Speaker fhall deem it neceilary) to employ one
)rincipal clerk, who fhall be paid three dollars per
lay, and an engroffing clerk, who Ihall be paid
wo dollars per day during the feffion, with the like
:ompeniation to fuch clerk while he fhall be ne-
leffarily employed in the recefs*
Sec. 5. And be it further enaded^ That the fol-
owing compenfation fhall be allowed to the offi-
ers hereinafter mentioned, viz. To the ferjeant serjcari^ at
t arms, during the feffions and while employed on arms, and
he bufmefs of the Houfe, four dollars per day ; the JsT their
llowance of the prefent ferjeant at arms to com- allowance
nence from the time of his appointment : To the ^"JJendlui^e,'
loor-keeper of the Senate and Houfe of Reprefen- &c.
atives, for their fervices in thofe offices, three dol- r
cirs per day during the feffion of the Houfe to which
[ xi8 2
he may belong, for his own fer vices, and for the
hire of neceffary labourers ; the allowance to th^^
prefent door-keeper of the Senate to commencej
from the day appointed for the meeting of Con^,
grefs ; and the allowance to the door-keeper of thcj
Houfe of Reprefentatives to commence from hisi
appointment ; and to the alliflant door-keeper to
each Houfe, two dollars per day during the fef-
lions.
Sec. 6. And be it further enaded^ That the faid
tions, how compenfation which fhall be due to the members
tobe certi- and officcrs of the Senate, fliall be certified by the
Prefident ; and that which fliall be due to the mem-
bers and officers of the Houfe of Reprefentatives,
fhall be certified by the Speaker ; and the fame
fhall be pafTed as public accounts, and paid out of
the public treafury.
Sec. 7. And be it further ena6led^ That this act
ance of diis fhall contiuuc in force until the fourth day of March,
^*^- in the year one thoufand feven hundred and ninety-
fix, and no longer.
FREDERICK AUGUSTUS MUHLENBERG,
Speaker of the Houfe of ReprefentatiTes,
JOHN ADAMS, Vice-Preftdent of the United States,
and Frefident of the Senate,
Approved, September the 2 2d, 1789.
GEORGE WASHINGTON,
Prefident of the United States.
CHAPTER XVIII.
An ACT for alloUnng certain Compensation to
the Judges of the Supreme and other Courts, and
to the Attorney-General of the United States.
Sedion i. TJ E it enaded by the Senate a7id
Jj House of Representatives oj
the United States of America in Congrefs affembUd^
That there fliall be allowed to tl^ judges of the
[ i«9 ]
fupreme and other courts of the United States, the Saianes of
yearly compenfations herein after mentioned5towit ; ^^^i^^^'^^'
to the chief jullice four thoufand dollars ; to each of the fupreme
the juftices of the fupreme court three thoufand five ^Xi'^^"d
hundred dollars ; to the judge of the didricl of ge^. ^''
Mahie one thoufand dollars ; to the judge of the
diftricl of New-Hampfhire one thouiand dollars ;
to the judge of the diflrid of MaiTachufetts twelve
hundred dollars ; to the judge of the diftricl of
Connedicut one thoufand dollars ; to the judge of
the diftrid of New- York fifteen hundred dollars ;
to the judge of the diftricl of New-Jerfey one thou-
fand dollars ; to the judge of the dillrid of Penn-
fylvania fixteen hundred dollars; to the judge of
the diftrid of Delaware eight hundred dollars ; to
the judge of the diflrid of Maryland fifteen hun-
dred dollars ; to the judge of the diilrict of Virgi-
nia eighteen hundred dollars ; to the judge of
the diftrid of Kentucky one thouiand dollars ; to
the judge of the diflrid of South-Carolina eighteen
hundred dollars ; to the judge of the diflrid of
Georgia fifteen hundred dollars ; and to the attor-
ney-general of the United States fifteen hundred
dollars ; which compenfations fhall commence from *'"^'
mencement
their refpedive appointments, and be paid at the of,andhoM^
treafury of the United States in quarterly payments. p^>'^^^^-
FREDERICK AUGUSTUS MUHLENBERG,
, Speaker of the Hoitfe of Reprefentatives.
JOHN ADAMS, Vice-Preftdera of the United States.
and Prejtdent of the Senate,
Approved, September the 23d, 1789. ,
GEORGE WASHINGTON^
Prefideni of the United States,
[ 520 ]
CHAPTER XIX.
An ACT for alloio'mg a Compensation /<?//?£' Pre-
sident and Vice-President of the United States.
Sedion i. XJ E it enabled by the Senate and
jf3 House of Representatives qj^
the United States of America in Congrefs affeniblcd^
Prerident& That there fhall be allowed to the Prefident of the
tient'o/thc United States, at the rate of twenty-five thoufand
u. States, dollars, with the ufe of the furniture and other
tk)TtTcom- effects, now in his pofleiTion, belonging to the
niencenient United States ; and to the Vice-Prefident, at the
tijM&^^^ rate of five thoufand dollars per annum, in full
compenfation for their refpeftive fervices, to com-
mence with the time of their entering on the duties
oftheir ofHces refpe^lively, and to continue fo long
as they fliall remain in office, and to be paid quar-
terly out of the treafury of the United States.
FREDERICK AUGUSTUS MUHLENBERa
Speaker of the Hoife of Reprefentatives.
JOHN ADAMS, Vice-Frefident of the United States-,
and Prefident of the Senate.
Approved, September the 24th, 1789.
GEORGE WASHINGTON,
Prefident of the United States.
CHAPTER XX. .
An ACT to efiablifJ? the Judicial Courts of the
United States.
Seclion i. TJ E it enaded by the Senate ajid
J3 House of Representatives of
Supreme ^^^^ United States of America in Congrefs affembled^
court, chief That the fupreme court of the United States fliall
juftice, five confift of a chicf iuftice and five aifociate juftices,
any four of whom fhall be a quorum, and Ihaii
Two feffi- \xq\^ annually at the feat of government two fef-
h, "^*" fions, the one commencing the firft Monday of
[ 121 ]
February, and the other the firft Monday of Augufi:.
That the afibciate juilices fhall have precedence ac-
corJing to the date of their commiffions, or when
the commiiTions of two or more of them bear date
01^ the fame day^, according to their refpeclive ages.
Sec. 2. And be it further enaBcd, That the Uni- THrteea
ted States fliall be, and they hereby are divided ^*^"*^'^'
into thirteen diftrifts, to be limited and called as
follows, to w^it, one to confift of that part of the
flate of Maifachufetts which lies eafterly of the ilate
of New-Hampfliire, and to be called Main Diilri6l ;
I one to confift of the ftate of New-Hampfliire, and
to be called New-Hampfliire Diflrid ; one to con-
fifl of the remaining part of the ilate of Mallachu-
etts, and to be called Maifachufetts Diilrict ; one
:o confift of the ftate of Connecticut, and to be
:alled Conaeclicut Diilrid ; one to confill: of the
ilate of New-York, and to be called New-York
Diflricl ; one to confiil of the flate of New-Jerfey,
ind to be called New-Jsrfey Diilrid: ; one to confiil Their dlyi-
:)f the ilate of Pennfylvania, and to be called Penn- '
yivania Diflricl ; one to confifl of the flate of De-
laware, and to be called Delaware Diflrid ; one to
:onfifl of the flate of Maryland, and to be called
Maryland Diflricl ; one to confifl. of the flate of
Virginia, except that part called the Diflrid of
fCentucky, and to be called Virginia Diflri6l ; one
to confiil of the remaining part of the flate qf
Virginia, and to be called Kentucky Diflricl ; one
to confiil of the flate of South-Carolina, and to be
called the South-Carolina Diilri6l ; and one to
confifl of the flate of C^eorgia, and to be called
Georgia Diflricl.
Sec. 3. And he it further enaSled^ That there be a diftria
a court called a Diftrid Court, in each of the afore- ^^"'"^j". „
mentioned diitricts, to confiil of one judge, who
(hall refide in the diflricl for which he is appoint-
ed, and fliaU be called a Diflricl Judge, and fliall
I 122 ]
Four feffi- ^^^^ annually four fefTions, the firfl: of which t
ons ajinuai- commcnce as follows, to wit, in the diftrids c
trid -^ ^' New- York and of Newjerfey on the firft, m th
and 'when diflrict of Pcnnfylvania on the fecond, in the dii
^^^^' tridi of Conne6licut on the third, and in the diftri^
of Delaware, on the fourth Tuefdays of Novembe
next ; in the diflrids of Maffachufetts, of Main
and of Maryland, on the firft ; in the diftricl c
Georgia on the fecond, and in the diftrids ofNe^/i
Hampfhire, of Virginia, and of Kentucky, on th
third Tuefdays of December K«xt ; and the othe
three fefTions progreffively in the refpeQive di
trids on the like Tuefdays of every third calenda
month afterwards, and in the diftrid of Soutt
Carolina, on the third Monday in March and Sej
tember, the firil: Monday in July, and the fecon
Monday of December of each and every year, con
Special dif- meucing in December next ; and that the Diflric
tria courts. Judge fliall have power to hold fpecial courts at hi
difcretion. That the ftated diilrict court fhall b
held at the places following, to wit, in the diftrii
of Main, at Portland and Pownalho;i-ough alte
nately, beginning at the firfl ; in the diflrid (
New-Hampfhire, at Exeter and Portfmouth alte:
iiately, beginning at the firft ; in the diflrid c
Maffachufetts, at Bofton and Salem alternately, be
ginning at the fvrft ; in the diftricl of Connedicu
alternately at Hartford and New-Haven, beginnin
at the firfl ; in the diftrid of Nevz-York, at Nevt
York ; in the diftrid of New-Jerfey, alternately a
New-Brunfwick and Rurlington, beginning at thi
firft ; in the diftrid of Pennfylvania, at Philadelphi
and York-Town alternately, beginning at the firft
in the diftrid of Delaware, alternately at Newcaftl
and Dover, beginning at the firft ; in the diftrid o
Maryland, alternately at Baltimore and Eafton, be
ginning at the firft ; in the diftridl of Virginia, al
ternately at Richmond and V/illiamfburgh, begin
ning at the firft j in the diftricl of Kentucky, a
[ 123 ]
Lirrodibflrgh ; in the diftriv^ of South-Carolina,
t Charleftoii ; and in the diftrid of Georgia, aher-
ately at Savannah and Augufta, beginning at the
rft.;-^and that the fpecial courts Ihall be held at spedai
lie feme place in each diflridt as the dated courts, ^^^eheid
r in diftricls that have two, at either of them^ in
le difcretion of the judge, or at fuch other place
I the diftri6t, as the nature of the bufmefs and his
ifcretion fhall dired. And that in the di(lri(Sts where re-
lat have but one place for holding the diftridl court, ^°^ * ^^^'
le records thereof fhall be kept at that place ; and
1 dillrids that have two, at that place in each dif-
•icl which the judge ihajl appoint.
Sec. 4. j4?id be it further enaded^ That the be- Three cir.
)rementioned diilrids, except thofe of Maine and cmts &ho\v
i K uiviueci,
entucky, fhall be divided into three circuits, and
z called the eaflern, the middle and the fouthern
rcuit. That the eaflern circuit fliall confifl of the
iflricls of New-Hampfliire, Mairachufetts, Con-
edicut and New-York ; that the rniddle circuit
lall confifl of the diflricts of New-Jerfey, Penn--
^Ivania, Delaware, Maryland and Virginia ; and
lat the fouthern circuit fhall confifl of the diflricls
f South-Carolina and Georgia, and that there ftiall
e held annually in each diflrid of faid circuits,
^o courts, which fliall be called Circuit Courts, and ^
lall confifl of any two juflices of the fupreme
ourt, and the diflridl judge of fuch diftridls, any
wo of whom fhall conftitute a quorum : Provided^
That no difl)*i6l judge fhall give a vote in any cafe
•f appeal or error from his own decifion j but may
ilign the reafons of fuch his decilion.
Sec. 5. And be It further ena6l^d^ That the firfl Firft feflicn
elfion of the faid circuit court in the feveral dif- *^^. ^^^'^ ^''■'
. ^ , , , r ,1 . . cuit courts,
nets Ihaii commence at the times following, to wit ;
n New-Jerfey on the fecond, in New- York on the
"ourth, in Pennfylvania ofl the eleventh in Con-
lei^lgut on the twenty- fscond, and in Delaware on
[ 124 ]
Fitft feflion the twenty-feventh days of April next ; fn Maffa-
of the ar- c||ufetts on the third, in Maryland on the feventh,
in South-Carolina on the twelfth, in New-Hamp-
fhire on the twentieth, in Virginia on the twenty,
fecond, and in Georgia on the twenty-eighth days
of May next, and the fubffequent feflions in the
refpective diftrids on the like days of every fixth
calendar month afterwards, except in South-Caro-
lina, where the feflion of the faid court fhall com-
mence on the firft, and in Georgia where it fhall
commence on the feventeenth day of Odober, and
except when any of thofe days fhall happen on a
Sunday, and then the fefTion fhall commence on
the next day following. And the feffions of the
faid circuit court fhall be held in the diflridl of New-
Hampfliire, at Portfmouth and Exeter alternately,
beginning at the firfl ; in the diftriS: of MafTachu-
fetts at Bofton ; in the diftricl of Connedlicut, al-
ternately at Hartford and New-Haven, beginning
at the laft ; in the didrid of New- York, alternately
at New- York and Albany, beginning at the firfh ;
in the diftridl of New-Jerfey^ at Trenton ; in the
diftricl of Pennfylvania, alternately at Philadelphia
and York-Town, beginning at the firfl ; in the
diflrict of Delaware, alternately at Newcaflle and
Dover, beginning at the firft ; in the diftridt of Ma-
ryland, alternately at Annapolis and Eafton, begin-
ning at the firft ; in the diftrid of Virginia, alter-
nately at Charlottefville and Williamfburgh, begin-
ning at the firft ; in the diftrict of South-Carolina^
alternately at Columbia and Charlefton, beginning
at the firft; and in the diftrid: of Georgia, alternately
at Savannah and Augufta, beginning at the firft.
Circuit And the circuit courts fliall have power to hold
l^^^^^- fpecial feflions for the trial of criminal caufes at any
Special i«f- ^ . - . -._ . 1 IT •
fions. other time at their diicretion, or at the diicretion
of the fupreme court.
Sec. 6. J?2d be it further enaBed^ That the fu-
preme court may, by any one or more of its juf-
[ 125 ]
;me
tices being prefent, be adjourned from day to day supre
until a quorum be convened ; and that a circuit f""" /^'j'
court may alfo be adjourned from day to day by any onToJmore
one of its judges, or if none are prefent, by the mar- juftices,cir-
ilial of the di(lri6t until a quorum be convened ; "ajoui'iSed/
and that a dillrid court, in cafe of the inabihty of
the judge to attend at the commencement of a fef-
fion, may by virtue of a written order from the
faid judge dired:ed to the marlhal of the diflricl,
be adjourned by the faid marfhal to fuch day, an- DiHriva
tecedent to the next Hated feffion of the faid court, ^^';'f^ ,^'^"
as in the faid order fliail be appointed, and in cafe ^"^"^
of the death of the faid judge, and his vacancy not
being fupplied, all procefs, pleadings and proceed-
ings of what nature foever, pending before the faid
ourt, fhall be continued of courfe until the next
llated feflion after the appointment and acceptance
jf the office by his fucceflbr.
Sec. 7. j4nd be it enacted^ That the fupreme court, The courts
md the diftricl courts fhall have power to ap- ^"^^^'^po^^^
Doint clerks for their refpeciive courts, and that ckaS^"^"
he clerk for each diilricl court fliall be clerk alfo
)f the circuit court in fuch difl:ri(5t, and each of the
aid clerks {l:iall, before he enters upon the execution
)f his office, take the follov/ing oath or affirmiation,
0 wit ; '' I, A. B. being appointed clerk of Thdr oath
' do folemnly fwear, or affirm, that I will truly and ^.^' '''^
' faithfully enter and record all the orders, de-
' crees, judgments and proceedings of the faid
' court, and that I will faithfully and impartially
difcharge and perform all the duties of my faid
office, according to the bed of my abilities and
' . underflanding. So help me God." Which
vords, fo help me God, fliall be omitted in all
afes where an affirmation is admitted inftead of an
>ath. And the faid clerks fhall alfo feverally give
)ond, with fufficient fureties, (to be approved of
>y the fupreme and diftrids courts refpedively) to
iffi
rma-
C 126 ]
the United States, in the fum of two thoufand dol-
lars, 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 enaded^ That the jufticej
of the fupreme court, and the diilricL judges, be
fore they proceed to execute the duties of theii
refpedive offices, fnall take the following oath o)
oathofjuf- affirmation, to wit ; " I, A. B. do folemnly fwea:
tices of fu- or affirm, that I will adminiller juflice without re
&Tudge?of ^P^^ ^o perfons, and do equal right to the poo;
the diftrid and to the rich, and that I v/ill faithfully and im
'^^^^^' partially difcharge and perform all the duties in
cumbent on me as , according to the bef
of my abilities and underflanding, agreeably to th
conflitution and laws of the United States. S(
help me God."
Diftria ^^^' 9* ^^^<^ '^^ it further cjiacled^ That the di
courts ex- ftricl courts fhall have, exclufively of the courts c
rifdidion^' ^^ fcveral (lates, cognizance of all crimes and o:
fences that fliall be cognizable under the authc
ritv of the United States, committed within thei
refpedlive diflricls, or upon the high feas ; wher
no other punifliment than whipping, not, exceec
ing thirty ftripes, a fine not exceeding one hui
dred dollars, or a term of imprifonment not ej
ceeding fix months, is to be inflided ; and fha
cognizance ^Ifo havc cxclufive Original cognizance of all civ
in maritime caufcs of admiralty and maritime jurifdidion, ir
feizure un- cludiug all fcizurcs uudcr laws of impoft, navigi
derthehv/s tion or trade of the United States, where the fe
ted^statesr ^urcs are made, on waters which are navigabl
from the fea by velfels of ten or more tons bu:
then, within their refpedive diftrids as well as u{
on the high feas ; faving to fuitors, in all cafes, th
right of a common law remedy, where the cotr
mon law is competent to give it : And fhall alf
have exclufive original cognizance of all feizun
C J27 ]
on land, or other waters than as aforefaid, made,
and of all fuits for penalties and forfeitures in-
curred, under the laws of the United States. And
fhall alfo have cognizance, concurrent 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 tort only in violation of the law of na-
tions or a treaty of the United States. And fhall concurrent
alfo have cognizance, concurrent as laft mention- iurifdiaion,
ed, of all fuits at common law v/here the United
States fue, and the matter in difpute amounts, ex-
Jclufive of cofts, to the fum or value of one hun-
dred dollars. And fliall alfo have jurifdiftion ex-
clufively of the courts of the feveral flates, of all
fuits againft confuls or vice-confuls, except for of-
fences above the defcription aforefaid. And the Ti-iaioffaa
trial of ilTues in fad, in the diltrids courts, in all ^yj^^>'-
caufes except civil caufes of admiralty and maritime
juiifdiclion, iliall be by jury. . '
Sec. lo. And be it further enaBed^ That the Kentucky
di{lri(^ court in Kentucky diftriO: fhall, befides difaia
the jurifdiftion aforefaid, have jurifdiclion of all
other caufes, except of appeals and writs of error,
herein after made cognizable in a circuit court,
and fhall proceed therein in the fame manner as
a circuit court, and writs of error and appeals fhall
lie from decifions therein to the fupreme court in
the fame caufes, as from a circuit court to the fu-
preme court, and under the fame regulations. — Maine dif-
And the diilricl: court in Maine di{h*i£t, fliall be- tria court',
fides the jurifdidion herein before granted, have
jurifdidion of all caufes, except of appeals and v/rits
of error herein after m_ade cognizable in a circuit
court, and fhall proceed therein in the fame man-
ner 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 manner as
from other diftrid courts to their refpedive cir^
cuit courts.
court.
C 128 ]
1
Circuit S^^' ^^' -^^^^ ^^ It further enacled^ That the
courts ori- circuit coui'ts fhall have original cognizance, conr
Sri"^^^^''" current with the courts of the feverai ftates, of all
fuits of a civil nature at common law or in equi-
ty, where the matter in difpute exceeds, exclulive
of cofts, the fum or value of five hundred dollars,
and the United States are plaintiffs, or petitioners ;
or an alien is a party, or the fuit is between a citi-
zen of the ftate where the fuit is brought, and a
Exciufive citizen of another (late. And fliail have exclulive
cognizance, cognizance of all crimes and oflences cognizable
under the authority of the United States, except
where this a£l otherwife provides, or the laws oi
the United States fhall otherwife dired, and con-
current jurifdidlion with the diftrict courts of the
crimes and offences cognizable therein. But no
perfon fhall be ar railed in one diilrid for trial in
another, in any civil action before a circuit or dif-
tricl court : And no civil fuit fliall be brought be-
fore either of faid courts againft an inhabitant of the
United States, by any original procefs in ^ny othei
diitrid than that whereof he is an inhabitant, or in
which he fliall be found at the time of ferving tht
writ, nor fliall any diftrid or circuit court have
cognizance of any fuit to recover the contents oj
any prom-iifory note or other chofe in action in fa-
. vour of an aliignee, unlefs a fuit might have beeo
profecuted in fuch court to recover the faid con-
tents if no afTignment had been made, except ip
Circuit cafes of foreign bills of exchange. And the circuit
ccurtappei- courts fhall alfo have appellate jurifdidion frorn
dldiir'^' ^'^2 dlflrid courts under the regulations and re-
flridions herein after provided.
Matter in Scc. 12. And he it further euaEled^ That if a fuit
cifpute a- be comm.enced in any frate court againfl an alien^
doUars!°° or by a citizen of the flate in which the fuit is
brought againil a citizen of another flate, and the
matter in difpute exceeds the aforefaid fum or va*
lue of five hundred dollars, exciufive of cofls, to
[ 129 ]
be made to appear to the fatisfaflion of the court 5
land the defendant Hiall, at the time of entering •
his appearance in fuch flate court, file a petition
for the removal of the caufe for trial into the next
circuit court, to be held in the diftrid where the
fuit is pending, or if in the diftrid of Main to the
diftrid court next to be holden therein, or if in
Kentucky diflrid to the diilrid court next to be
lolden therein, and offer good and fufficient furety
br his entering in fuch court, on the firll day of
ts fefnon, copies of faid procefs againfl him, and
ilfo for his there appearing and entering fpecial „ . ,, ..
1 • 1 r -r r • 1 1 -1 ' ' U Special bail,
\m in the cauie, ir Ipeciai bail was origmaily re-
■lite therein, it fliall then be the duty of the ftate
:ourt to accept the furety, and proceed no further
n the caufe, and any bail that may have been ori-
'•lally taken fhail be difcharged, and the faid co-
ijs being entered as aforefaid, in fuch court of the
Jnited States, the caufe iliall there proceed in the
ame manner as if it had been brought there by
)riginal procefs. And any attachment of the
roods or efiate of the defendant by the original ment of
jrocefs, fliall hold the POods or eftate fo attached, goods hoid^
r. 1 r ^ • 1 • 1 r en to final
JO aniwer the nnal judgment m tae lame manner judgments
IS by the laws of fuch icate they would have been
loldeu to anfvyer final judgment, had it been ren-
lered by the court in which the fuit commenced,
A.nd if in any adion commenced in a ftate court, Title ofiand
:he title ofiand be concerned, and the parties are T"^^^^ ^5'
' ■'■ ' iuc exceeds
citizens of the fame (late, and the matter in dif- 500 dollars,
pute exceeds the fum or value of live hundred
dollars, exclufive of cofts, the fum or value being
tnade to appear to the fatisfadion of the court,
either party, before the trial, fliall ftate to the court
and make affidavit if they require it, that he claims
and fhall rely upon a right or title to the land, un-
der a grant from a flate, other than that in which
the fuit is pending, and produce the original grant
pr an exemphfication of it, except v/here the lofs
[ 13^ ]
of public records fhall put it out of his power, aiK
Ihall move that the adverfe party inform the court
whether he claims a right or title to the land unde
a grant from the flate in which the fuit is pending
the faid adverfe party fhall give fuch information!
or otherwife not be allowed to plead fuch grant, o'
give it in evidence upon the trial, and if he inforra
that he does claim under fuch grant, the part
claiming under the grant firfi: mentioned, may ther
on motion, remove the caufe for trial to the nex
If ir Ma'n ^^^^^^^ court to bc holden, iu-fuch diftrict, or if i
and Ken- the dlflricl of Main, to tne^'court next to be holde:
tucky, therein ; or if in Kentucky diftrid, to the diitri(!
fes are re., court ucxt to be holden therein ; but if he is^th
moveable, defendant, fhall do it under the fame regulatior
as in the beforementioned cafe of the removal of
caufe into fuch court by an alien : And neithe
party removing the caufe, fhall be allowed to plea
or give evidence of any other title than that b
him ftated as aforefaid, as the eround of his clain
iffues In -^^d the trial of iffues in fa£t in the circuit cour:
fadbyjury. fliall, in all fuits, except thofe of equity, and (
admiralty, and maritime jurifdi^lion, be by jur
Supreme Scc. 1 3. And be it further enabled ^ That the fi
court exciu. premc court fhall have exclufive jurifdidlion of a
didioi!^ ' controverfies of a civil nature, where a ftate is
party, except between a flate and its citizens ; an
except alfo between a (late and citizens of othe
flates, or aliens, in which latter cafe it fliall hav
Proceed- Original but not exclufive jurifdidlion. And fha.
ings againft have cxclufively all fuch jurifdidion of fuits c
niters. ^^' Proceedings againd ambailadors, or other publi
miniilers, or their domeflics, or domeflic fervants
as a court of law can have or exercife confiftentl
with the law of nations ; and original, but not ex
clufive jurifdiftion of all fuits brought by ambaffa
dors, or other public minifters, or in which a con
ful, or vice-conful, fhall he a party. And the tria
of ilTues in fa£l in the fupreme court, in all adion
[ 13' 3
it law againfl citizens of the United States, fhall
3e by jury. The fupreme court fhall alfo have ap.. supreme
3ellate jurifdidion from the circuit courts and court appel-
,:ourts of the feveral dates, in the cafes herein after diaion!^^^
specially provided for : And fhall have power to
ilue writs of prohibition to the diftridt courts, when
:)roceeding as courts of admiralty and maritime
urifdidtion, and writs of mandamus^ in cafes war-
ranted by the principles and ufages of lav/, to any
:ourts appointed, or perfons holding office, under
:he authority of the (jnited States.
Sec. 14. And he it further enacted^ That all the courts of
)eforementioned courts of the United States, fhall P- states
lave power to ilTue writs oifcire facias^ habeas Cor- ^^^^^ J^das
nis^ and all other writs not fpecially provided for &c.
)y ftatute, which may be neceifary for the exercife
)f their refpedive jurifdidions, and agreeable to
:he principles and ufages of law. And that either juHices and
3f the jullices of the fupreme court, as well as judges judges fame
Df the diflricc courts, fliall have power to grant ^°^^^*
vvrits oi habeas corpus for the purpofe of an enquiry
nto the caufe of commitment. — Provided^ That
writs of habeas corpus^ fliall in no cafe extend to
prifoners in gaol, unlefs where they are in cuflody,
under or by colour of the authority of the United
States,' or are committed for trial before fome court
of the fame, or are neceifary to be brought into
court to teftify.
Sec. i'^. And he it further ena^cd^ That all the partiesfhail
faid courts of the United States, fliall have power produce
in the trial of actions at law, on motion and due no- takings".
tice thereof being given, to require the parties to
produce books or writings in their poffeifion or
power, which contain evidence pertinent to the
lilfue, in cafes and under circumftances where they
might be compelled to produce the fame by the
i ordinary rules of proceeding in chancery ; and if a
plaintiff Ihall fail to comply with fuch order, to
I
[ 132 ]
produce books or writings, it fliall be lawful for th
courts refpedively, on motion, to give the lik
judgment for the defendant as in cafes of nonfuit
and if a defendant fiiall fail to comply with fuch 01
der, to produce books or writings, it Ihall be la^^^
fui for the courts refpeclively on motion as afore
faid, to give judgment againft him or her by dt
fauh.
Suits in e- Scc. 1 6. And he it further enaEled^ That fuits i:
quity inai - g^^^'^^ /|^^|| j^^^j. j^^ fullained in either of the court
of the United States, in any cafe where plain, adc
quate, and complete remedy may be had at law.
Courts of Sec. i"]. And he it further enacled^ That all th
inay^gJant ^^^^ courts of the United States fhall have powe
new trials. , to grant ncw trials, in cafes where there has bee:
a trial by jury for reafons for which new trial
have ufually been granted in the courts of law
and iTiall have power to impofe and adminiiler al
neceffary oaths or affirmations, and to punifli b
fine or imprifonnient, at the difcretion of faid court;;
all contempts of authority in any caufe or hearin,
before the fame ; and to make and eilablilli all ne
cePfary rules for the orderly condudlng bulmefs i:
the faid courts, provided fuch rules are not repug
nant to the laws of the United States.
Execution Scc. 1 8. And he it further enaBed^ That whei
maybefiay. jj^ ^ circuit court, jutlpment upon a verdict in :
edm cafe. .-in- /i n i ^ j •
civil action Ihall be entered, execution may on mo
tion of either party, at the difcretion of the court
and on fuch conditions for the fecurity of the ad
verfe party as they may judge proper, be flayed for^
ty-two days from the time of entering judgment
to give time to file in the clerk's office of laid court
a petition for a new trial. And if fuch petition be
there filed wdthin faid term of forty-two days, witl"
a certificate thereon from either of the judges o:
fuch court, that he allows the fame to be filed,
which certificate he may make or refufe at his dif-
[ ^33 J
:retion, execution fliall of courfe be further flayed
0 the next felTion of faid court. And if a new tri-
ll be granted, the former judgment (hail be there-
)y rendered void.
Sec. 19. And be it further enaSled, That it fhall Faastoap^
)e the duty of circuit courts, in caufes in equity and ^^^^ "" ^^'
tf admiralty and maritime jurifdi^lion, to caufe
he facts on which they found their fentence or de-
ree, fully to appear upon the record either from
iie pleadings and decree itfelf, or a flate of the
afe agreed by the parties, or their council, or if they
ifagree by a dating of the cafe by the court.
Sec. 20. And be it further enacted^ That where cofts not
1 a circuit court, a plaintiff in an action, originally allowed un-
T-i. ^u ^•^* • V L. 1 lefs recover
rought there, or a petitioner in equity, other than .oodoUars,
le United States, recovers lefs than the fum or
alue of five hundred dollars, or a libeilant, upon
is own appeal, lefs than the fum or value of three
undred dollars, he fliall not be allowed, but at
le difcretion of the courts may be adjudged to pay
pfls.
Sec. 21. A72d be it further enaded^ That from Appeals
nal decrees in a diftridt court in caufes of admi- ^^''?"'''"S"
ilty and maritime jurifdiclion, where the matter pite ex-
1 difpute exceeds the fum or value of three hun- ^^^^* ^^^
red dollars, exclufive of cofts, an appeal Ihaii be
llowed to the next circuit court, to be held in fuch
iftrift. Provided neverthelefs^ That all fuch ap-
eals from final decrees as aforefaid, from the dif-
'i6: court of Main, fliall be made to . the circuit
ourt, next to be holden after each appeal in the
iftrict of Maffachufetts.
Sec. 22. And be it further enacted^ That final i^^nal de-
ecrees and judgments in civil adions in a diftrid ZS^X^ll
ourt, where the matter in difpute exceeds the funi bove 500
r value of fifty dollars, exclufive of cofts, may be '^'^^^''^"'
e-examined, and reverfed or ailirined in a circuit
ourt, holden in the fame diftrid, upon a writ of
R
C 134 3
and fults in
equity ex-
ceed the va-
lue of aooo
dollars.
Writs of
error limit-
ed.
Plaintiff to
give fecuri-
t7.
Writs of er-
ror of a fu-
perfedeas in
Icafc.
eriroi-, whereto fhall be annexed and returns
therewith at the day and place therein mentionei
an authenticated tranfcript of the record, and affig
ment of errors, and prayer for reverfal, with a cit
tion to the adverfe party, figned by the judge «
fuch diflriQ: court, or a juftice of the fupreme cour
the adverfe party having at lead twenty days notio
And upon a Uke procefs, may final judgments ar
decrees in civil actions, and fuits in equity in a ci
cuit court, brought there by original procefs, <
removed there from courts of the feveral dates, <
removed there by appeal from a diftricl court whe:
the matter in difpute exceeds the fum or value
two thoufand dollars, exclufive of cofts, be re-e:
amined and reverfed or affirmed in the fupren
court, the citation being in fuch cafe figned by
judge of fuch circuit court, or juflice of the fupren
court, and the adverfe party having at leafl thir
days notice. But there ihall be no reverfal in (
ther court on fuch writ of error for error in ruli]
any plea in abatement, other than a plea to the j
rifdi£lion of the court, or fuch plea to a petiti(
or bill in equity, as in the nature of a demurrer,
for any error in fad. And writs of error fhall n
be brought but within five years after renderi:
or paffing the judgment or decree complained <
or in cafe the perfon entitled to fuch writ of err
be an infant, feme covert non compos mentis^ or ii
prifoned, then within five years as aforefaid, excl
five of the time of fuch difability. And every ji
tice or judge figning a citation on any writ of err
as aforefaid, fhall take good and fufficient fecurit
that the plaintiff in error fliall profecute his writ
effed, and anfwer all damages and cofls if he f;
to make his plea good.
Sec. 23. And he it further enacled^ That a w:
of error as aforefaid fhall be a fuperfedeas and ft
execution in cafes only where the writ of error
ferved, by a copy thereof being lodged for the a
C 135 ]
erfe party in the clerk's office where the record re-
rains, within ten days, Sundays exclufive, after
endering the judgment or paffing the decree com-
lained of. Until the expiration of which term of
sn days, executions fhall not iflue in any cafe where
writ of error may be a fuperfedeas ; and where-
pon fuch writ of error the fupreme or a circuit
Durt fhall affirm a judgment or decree, they Ihall
Idjudge or decree to the refpondent in error juft
amages for his delay, and fmgle or double cofts at
leir difcretion.
Sec. 24. And be it further enadcd. That when ^"'^/^^/^f
judgment or a decree lliall be reverfed in a cir- reverfed.
lit court, fuch court fhall proceed to render fuch
dgment or pafs fuch decree as the diftri£t court
ould have rendered or pafled ; and the fupreme
)urt fhall do the fame on reverfals therein, except
here the reverfal is'in favor of the plaintiff, or pe-
■ ioner in the original fuit, and the damages to be
felfed, or matter to be decreed, are uncertain, in
hich cafe they fhall remand the caufe for a final
^cifion. And the fupreme court fhall not iffue ex- c,jpi.ejne
:ution in caufes that are removed before them by Court sot
rits of error, but fhall fend a fpecial mandate to ' "^ ^^^^^'
tion.
le circuit court to award execution thereupon.
Sec. 25. A7id be it further enaded^ That a final where va-
dg-ment or decree in any fuit, in the hiR-heft court ^^^^^^ °/ *
■■ 1 • r n • 1 • 1 ^ ' n ' treaty is
: law or equity or a ftate in w^hich a decinon m queftioned,
le fuit could be had, w^here is drawn in queftion f^^^^ ^^^^
• . ■ be rc-exu".
le validity of a treaty or ftatute of, or an authori- mined,
' exercifed under the United States, and the deci-
3n is againfl their validity ; or where is drawn in
iieflion the validity of a ftatute of, or an autho-
ty exercifed under any flate, on the ground of
i^ir being repugnant to the conftitution, treaties or
iws of the United States, and the decifion is in fa-
or of fuch their validity, or where is draw'n in
ueflion the conflradion of ajiy claufe of the Con-
itution, or of a treaty, or ftatute of, or commif?
C '3^ ]
fion held under the United States, and the decUiOi
is againfl the title, right, privilege or exemp.tioi
fpecially fet up or claimed by either party, unde
fuch claufe of the faid Conilitution, treaty, ftatut
or commiilion, may be re-examined and reverfe
or affirmed in the fupreme court of the Unite
States upon a writ of error, the citation being figr
ed by the chief juftice, or judge or chancellor (
the court rendering or paiTing the judgment or d
cree complained of, or by a juftice of the fupren
court of the United States, in the fame manner an
under the fame regulations, and the writ ihall ha\
the fame effect, as if the judgment or decree con
-plained of had been rendered or paifed in a circu
court, and the proceedinf^ upon the reverfal flia
Proceedings ^<-v. v ^t r u^U \ *.i r
on reverfal. ^-^o De tne lame, except that the lupreme cour
inftead of remanding the caufe for a final decifion ;
before provided, may at their difcretion, if tl
caufe iliall have been once remanded before, pr
ceed to a final decifion of the fame, and awa]
Nown'tsof execution. But no other error fliall be afTigned «
error but as regarded as a ground of reverfal in any fuch ca
above men- ^g ^forcfaid, than fuch as appears on the face
the record, and immediately refpeds the befor
mentioned queftions of validity or conftruclion
the faid Conftitution, treaties, ftatutes, commifTion
or authorities in difpute.
In cafes of ^^^' ^^' -^"^ ^^ it further enabled ^ That in i
/"orfeiture cafes brouglit before either of the courts of tl
the courts Unji-g^ States to recover the forfeiture annexed
may give
judgment any articles of agreement, covenant, bond, or oth
in e<iuity. fpeciality, where the forfeiture, breach or non-pe
formance fhall appear, by the default or confeflic
of the defendant, or upon demurrer, the court b
fore whom the aclion is, fhall render judgme:
therein for the plamtifi' to recover fo much as is di
^^^ , according to equity. And when the fum f<
tdbyjuiy! which judgment fliould be rendered is uncertaii
I L ^37 1 ^
e lame fiiall, if either of the parties requeft it be
L-refled by a jury.
Sec. 27. And be it further enaBed^ That a mar- Mar
fhal fhall be appointed in and for each diitrid: for P^^'^^-^^
the term of four years, but fliall be removeable frorai
office at pleafure, whofe duty it fliall be to attend
the diftri*!:!: and circuit courts when fitting therein,
and alfo the fopreme court in the diftricl in which
that court fiiail fit. And to execute throughout
the diftrict, all lawful precepts directed to him, and
iflued under the authority of the United States, and
he (hali have power to command all necciTary af-
fiftance in the execution of his duty, and to ap-
point as there fliali be occafion, one or more de-
puties, who fhall be removeable from office by the
judge of the diftricl court, or the circuit court fit-
ting within the diftricl, at the pleafure of either,
and before he enters on the duties of his office, he
fhall become bound for the faithful performance of
the fame, by himfelf and by his deputies before the
judge of the diftrict court to the United States,
jointly and feverally, with two good and fufficient
fureties, inhabitants and freeholders of fuch diftricl,
to be approved by the diilrid judge in the fum of
twenty thoufand dollars, Und fhall talce before faid
judge, as fhall alfo his deputies, before they enter Marlhal
on the duties of their appointment, the following
oath of office : " I, A. B. do folemnly fwear or Hisoatltj
aflirm, that 1 will faithfully execute all lawful pre-
cepts direcled to the mariliall of the diftridl 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 marfliall (or marflialPs depu-
ty, as the cafe may be) of the diftricl of
during, my continuance in faid office, and take only
my lawful fees. So help me God."
Sec. 28. And he it further enacted^ That in all MariliaU^
caufes wherein the marfhall or his deputy fliall be a F^^^r-
[ '3§ 1
party, the writs and precepts therein fhall be dired-
ed to fuch difinterefted perfon as the court, or any
juftice or judge thereof may appoint, and the per-
fon fo appointed, is hereby authorifed to execute
and return the fame. And in cafe of the death of
any marfliall, his deputy or deputies fliall continue
in office, unlefs otherwife fpecially removed ; an(^
fliall execute the feme in the name of the deceat
ed, until another marfhall be appointed and fworn :
Defaults of And the defaults or misfeafances in office of fuch
eputies. deputy or deputies in the mean time, as well as be-
fore, fhall be adjudged a breach of the condition
of the bond given, as before direded, by the mar-
Executor or ^'^^^ ^^^ appointed them ; and the executor or
adminiitra- adminiflrator of the deceafed marfhall fhall have
torof de- ][^Q remedy for the defaults and misfeafances in
fhaUs. * office of fuch deputy or deputies during fuch inter-
val, as they would be entitled to if the marfhall had
continued in life and in the exercife of his faid of-
fice, until his fucceffor was appointed, and fworn
or affirmed : And every marfhall or his deputy
when removed from office, or when the term for
which the marfliall is appointed fhall expire, (hall
have power notwithflanding to execute all fuch pre-
cepts as may be in their hands refpeQively at the
lime of fuch removal or expiration of offixe ; and
the marfhall fhall be held anfwerable for the deH-
powerafter ^^^Y ^° ^^^ fuccelTor of all prifoncrs which may be
remevai. in his cuftody 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 cuflody until his fucceffor fhall be appointed
and qualified as the law directs.
Cafes pu- Sec. 29. And be it further enaBed^ That in cafes
niihabie puuiffiable with death, the trial fhall be had in the
with death * 1 i rr • i i
be had in county Where the onence v/as committed, or where
county. that cannot be done without great inconvenience,
twelve petit jurors at leall fhall be funimoned from
thence. And jurors in all cafes to ferve in the
[ 139 ]
courts of the United States fliall be defignated by
lot or otherwife in each (late refpedively accoiding
to the mode of forming juries therein now pr^di-
fed, fo far as the laws of the fame Ihall render fuch
defignation practicable by the courts or marfhalls
of the United States ; and the jurors (hall have the
fame qualifications as are requifite for jurors by the J"*'*'" ^y
Haws of the ftate of which they are citizens, to ferve
in the higheft courts of law df fuch ftate, and fhall
be returned as there Ihall b|jk(|'(iafion for them, from
fuch parts of the diitrict ftm- time to time as the
court fhall direft, fo as fhall be moft favorable to
an impartial trial, and fo as not to incur an unne-
celTary expence, or unduly to burthen the citizens
of any part of the diftrift with fuch fervices. And
writs of 'venire facias when directed by the court
fhall ilTue from the clerk's office, and fhall be ferved ^ire facias
and returned by the marlhall in his proper perfon, from clerk's
or by his deputy, or in cafe the marfhall or his de-
puty is not an indifferent perfon, or is interefted
in the event of the caufe, by fuch fit perfon as the
court fhall fpecially appoint for that purpofe, to
whom they fhall adminifter an oath or affirmation
that he will truly and impartially ferve and return
fuch writ. And when from challenges or other-
wife there fhall not be a jury to determine any civil
or criminal caufe, the mar fliall or his deputy fhall,
by order of the court where fuch defed of jurors
fhall happen, return jurymen de talibus circumjlan- juries de
tihus fufficient to complete the pannel ; and when t^Ubus, &c.
the marfhall or his deputy are difqualified as afore-
faid, jurors may be returned by fuch difmterefted
perfon as the court fliall appoint.
Sec. 30. And he it further enacted^ That the j^^^^ q£
mode of proof by oral teftimony and examination proof.
of witnefles in open court fliall be the fame in all
the courts of the United States, as well in the trial
of caufes in equity and of admiralty and maritime
jurifdiclion, as of adions at common law. And
[ I40 3
Adverfe
party noti-
fjed.
Admiralty
aiid mari-
time caulcs,
Agent noti'
fied.
ivhen the tedimony of any perfon fliall be neceffi
ry in any civil caufe depending in any diftricl ii.
3ny court of the United States, who fhall live at z
greater diilance from the place of trial than om
hundred miles, or is bound on a voyage to fea, oi
is about to go out of the United States, or out oi
fiich diitrict, and to a greater diilance from the place
of trial than as aforefaid, before the time of trial, oi
is ancient or very infirm, the depofition of fuch per-
fon may be taken de bene ejfe before any juilice oi
judge of any of the courts of the United States, oi
before any chancellor, juilice or judge of a fupreme
or fuperior court, mayor or chief magi (Irate of acl
ty, or judge of a county court or court of commor
pleas of any of the United States, not being of coun^
fel or attorney to either of the parties, or interefted
in the event of the caufe, provided that a notifica-
tion from the magiitrate before whom the depofi
tion is to be taken to the adverfe party, to be pre-
fent at the taking of the fame, and to put interro
gatorles, if he think fit, be firft made out and fer
yed on the adverfe party or his attorney as eithe:
may be neareft, if either is within one hundrec
miles of the place of fuch caption, allowing tim^
for their attendance after notified, not lefs than a'
the rate of one day, Sundays exclufive, for ever)
twenty miles travel. And in caufes of admiralt)
and maritime jurildiclion, or other cafes of feizure
when a libel Ihail be filed, in w^iich an adverfe par-
ty is not named, and depofitions of perfons circum-
ftanced as aforefaid fliali be taken before a claim be
put in, the like notification as aforefaid fhall be gi-
ven to the perfon having the agency or pcireffior
of the property libelled at the time of the capture
or feizure of the fame, if known to the libellant.
And every perfon dqpofing as aforefaid fhall be
carefully examined and cautioned, and fworn oi
affirmed to teflify the whole truth,- and fliall fub-
fcribe the teftimxny by him or her given after thf
[ 141 3
ame Ihali be reduced to writing, v/hich fliall be
lone only by the magiilrate taking the depolition,
by the deponent in his prefence. And the de- Depoficiom
)\
r retaiued.
pofitions fo taken ihall be retained by fuch magi
bate until he deliver the fame with his own hand
nto the court for which they are taken, or fliall,
ogether with a certificate of the reafons as aforefaid
)f their being taken, and of the notice if any given
o the adverfe party, be by him the faid magiftrate
ealed up and directed to fuch court, and remain
mder his feal until opened in court. And any per-
on may be compelled to appear and depofe as a-
orefaid in the fame manner as to appear and teftify
n court. And in the trial of any caufe of admi- Appeal al.
alty or maritime jurifdidion in a diflricl court, the ^°^^'^'^*
.ecree in which may be appealed from, if either
tarty fhall fugged to and fatisfy the court that pro-
•ably it will not be in his power to produce the
v^itneifes the^e teftifying before the circuit court
lould an appeal be had, and iliall move that their
eltimony be taken down in writing, it fliall be fo
.one by the clerk of the court. And if an appeal
le had, fuch teilimony may be ufed on the trial
»f the fame, if it fhalj appear to the fatisfadion of
he court which fhall try the appeal, that the wit-
lefFes are then dead or gone out of the United
Itates, or to a greater diftance than as aforefaid
rem the place where the court is fitting, or that by
eafon of age, ficknefs, bodily infirmity or imprifon-
nent, they are unable to travel and appear at court,
)ut not otherwife. And unlefs the fame Ihall be Sbdhi cafe
nade to appear on the trial of any caufe, with ref- «f ficknefs,
)ed to witnefles whofe depofitions may have been '^''^''^' ^'''
aken. therein, fuch depofitions (hall not be admit-
ed or ufed in the caufe, Pi'ovided^ That nothing
lerein fhall be conftrued to prevent anv court of r^ i-
ne United btates rromi granting a dedimus potejlatem potcftatem
o take depofitions according to common ufage, "" "'"^
.vhen it may be neceffary to prevent a failure; or de-'
S
as ul'uaU
C 142 3
lay of juftice ; which power they fhall feverally poi
fefs, nor to extend to depofitions taken in perpetum
rei Tnemcrianu which if they relate to matters ths
may be cognizable in any court of the United States
a circuit court on application thereto made as a com
of equity, may, according to the m'ages in chancer
dired to be taken.
Sec. 31* And be it enacled^ That where any fu:
fhall be depending in any court of the United Statej
and either of the parties Ihall die before hnal judg
:execiitoror mcnt, the executor or adminidrator of fuch decea
adminifira- g^j party who was plaintiff, petitioner, or defenc
proSe ant, in cafe the caufe of action doth by law fui
^ and defend, vive, ihalf have full power to profecute or defen
any fuch fuit or action until final judgment ; an
the defendant or defendants are hereby obliged t
anfwer thereto accordingly ; and the court befor
whom fuch caufe may be depending, is hereby en
powered and directed to hear and determine th
fame, and to render judgment for or againft th
executor or adminiftrator, as the cafe may requir(
And if fuch executor or adminiftrator having bee
duly ferved with 2i fcire facias from the office of th
clerk of the court where fuch fuit is depending
twenty days beforehand, fliall negleft or refufe t
become a party to the fuit, the court may rende
judgment againft the eftate of the deceafed party
in the fame manner as if the executor or adminii
trator had voluntarily made himfelf a party to th
Executor fuit ; And the executor or adminiftrator who fhaj
fbatormay bccome a party as aforefaid, fhall, upon motion t
have con- the court whcre the fuit is depending, be entitle<
tmuance. ^^ ^ contiuuance of the fame until the next term o
Two plain- the faid court. And if there be two or more plain
tiffs. tiffs or defendants, and one or more of them ftial
die, if the caufe of action ftiall furvive to the fur
viving plaintiff or plaintiffs, or againft the furviv
ing defendant or defendants, the writ or aclion ftial
not be thereby abated ; but fuch death being fug
[ 143 ]
o-efted upon the record, the adion Ihall proceed at Surviving
the llilt of the furvivini): plaintifFor plaintiffs afjainfl P^^^"*^'^ .
^ cj 1 i. o X113.Y conti"
the furviving defendant or defendants. nu/fuit.
Sec. 32. And be it further enafled^ That no fiim-
mons, writ, declaration, return, procefs, judgment, writs fhail
or other proceedings in civil caufes in any of the fo"rdeS
courts of the United States, fliall be abated, arreft- of form,
ed, quafhed or reverfed, for any defect or want of
form, but the faid courts refpeclively lliall proceed
and give judgment according as the right of the
caufe and matter in law fhali appear unto them,
without regarding any imperfections, defecls, or
want of form in fuch writ, declaration or other
pleading, return, procefs, judgment, or courfe of
proceeding whatfoever, except thofe only in cafes
of demurrer, wiucli the party demurring ftall fpe-
cially fit down and exprefs together with his de-
murrer as the caufe thereof. And the faid courts Curtsmay
refpedively fliali and mav, by virtue of this a6t, amend im-
from time to time, amend all and every fuch im-
perfections, defects and want of form, other than
thofe only which the party demurring iliali exprefs
as aforefaid, and may at any time peraiit either of
the parties to amend any defect in the procefs or
pleadings, upon fuch conditions as the faid courts
refpedively fhall in their difcretion, and by their
rules prefcribe.
Sec. 33. And he it further enacfed. That for any crimmak
crime or oifence againfl the United States, the of- ^g^i^^^* the
fender may, by any juftice or judge of the United states ar-
States, or by any juftice of the peace, or other ma- '"'^^'^^ !'>^
giftrate of any of the United States w^here he may of^he^euce
be found agreeably to the ufual mode of procefs
againft offenders in fuch date, and at the expence
or the United States, be arrefted, and imprifoned or
bailed, as the cafe may be, for trial before fuch court ^^^^ ^.
of the United States as by this act has cognizance zancf^rc^
of the offence : And copies of the procefs ihail be ^j^l^'j^^.p
returned as fpeedily as may be into the clerk's oiace office^'*
[ 144 ]
of fuch court, together with the recognizances of
the witnefTes for their appearance to teftify in the
cafe ; which recognizances the magifrrate before
whom the examination fhall be, may require on
nff A v P*^^^ ^^ imprifonment. And if fuch commitment
maybe re- of the offender, or the witnelfes fhall be in a diftriQ
moved by othcrjhan that in which the offence' is to be tried,
varrant., .^ fhambe the duty of the judge of that diflricl where
the delinquent is imprifoned, feafonably to iffue.
and of the marihall of the fam.e diftrift to execute,
a warrant for the removal of the offender, and the
witnelfes, or either of them, as the cafe may be, tc
the diftrid in which the trial is to be had. And
Ball admit- upon all arreds in criminal cafes, bail fliall be ad'
mitted, except where the punilhment may be death,
in which cafes it fhall not be admitted but by the fu
preme or a circuit court, or by a juflice of the fu-
preme court, or a judge of a diitricl court, whc
fliall exercife their difcretion therein, reo-ardinor thf
nature and circumilances of the offence, and of th(
^ ., , evidence, and the ufacres of law. And if a perfor
Bail, how • 1 1 • n • r 1 r • \
taken in Committed by a jultice or the lupreme or a judg*
^afe. of a diftricl court for an offence not punifhabh
with death, fhall afterwards procure bail, and then
be no judge of the United States in the diflricl tc
take the fame, it may be taken by any judge of th(
fupreme, or fuperior court of law of fuch Itate.
jLatv's of Sec. 34. And be it further enacled^ That the lawj
i>ates, rules of the fcvcral dates, except Avhere the conflitution
ofdecifion. treaties or flatutes of the United States fhall other
wife require or provide, fhall be regarded as rule^
of decilion in trials at common law in the courts
of the United States in cafes where they apply.
Parties ma- ^^^' ZS' And be it further enacted^ Ihat in all
i^^j^the^J^ the courts of the United States, the parties may
plead and manage their own caufes perfonalFy ot
by the allidance of fuch counfel or attornies at la^^
as by the rules of the faid courts refpedively fliall
be permitted to manage and condud caufes theret
own caufe-
[ M5 ]
n. And there fhail be appointed in each diftri^l Attorney
, meet perfon learned in the law to ad as attorney ^J^^]"
or the United States in fuch diflri£l:, who (hall be
worn or affirmed to the faithful execution of his
office, whofe duty it (hall be to profecute in fuch
iflrict all delinquents for crimes and offences, cog-
liiza.ble under fhe authority of the United States,
nd all civil aclions in which the United States,
lall be concerned, except before the fupreme court
1 the diflricl in which that court fliall be h olden.
^nd he mall receive as a compenfation for his fer-
ices fuch fees aj^ fhall be taxed therefor in the ref-
etlive courts before which the fuits or profecutlons
lall be. And there Ihall alfo be appointed a meet Attomcy-
erfon, learned in the law, to adl as attorney-gen- s^^"^^^-
ral for the United States, who mall be fworn or
ffirmed, to a faithful execution of his office ; whofe
uty it fhall be to profecute and con duel all fuits
1 the fupreme court in which the United States
lall be concerned, and to give his advice and o-
inion upon queftions of law when required by the
'refident of the United States, or when requefted
J the heads of any of the departments, touching
ny matters that may concern their departments,
nd fhall receive fuch compenfation for his fervices
s (Iiall by law be provided.
FREDERICK AUGUSTUS MUHLENBERG,
Speaker of the Hciife of Reprefentativeu
JOHN ADAMS, Vice-Preftdentofthe United States^
and P refident of the Senate*
Approved, September the 24th, 1789.
GEORGE WASHINGTON^
F refident of the United States^
C 146 ]
Teft of
writs.
Seals.
Forms of
writs as in
the refpec-
tive llaies.
Admiralty
according
toth
civil la
CHAPTER XXL
An ACT to regulate Processes in the Courts
the United States,
Sedion I.
Fees.
E it enaBedby the Senate and Hoi/{
I of Representatives of the Uniti
States of America in Congrefs ajfembyd^ That all wri
and proceffes iffuing from a fupreme or a circi
courtjfhall bear teft of the chief juiticeof the fupren
court, and if from a diftridt court, fhall bear teft
the judge of fuch court, and fhall be under the fe
of the court from whence they iffue ; and figned I
the clerk thereof. The feals of the fupreme ai
circuit courts, to be provided by the fupreme coui
and of the diftrid courts, by the refpeclive judg
of the fame.
Sec, 2. And be it further enabled ^ That until fu
ther provifion fliall be made, and except where 1
this a6l or other ftatutes of the United States is
therwife provided, the forms of writs and exec
tions, except their ftyle, and modes of procefs ai
rates of fees, except fees to judges, in the circi
and diftricl: courts, in fuits at common law, fhall 1
the fame in each flate refpeclively as are now uf
or allowed in the fuprenie courts of the fam^e. Ai
the forms and modes of proceedings in caufes of
:he forms quity, and of admiralty and maritime jurifdidio
^^' Ihall be according to the courfe of the civil law
And the rates of fees the fame as are or were I2
allowed by the flates refpedively in the court e:
ercifmg fupreme jurifdiclion in fuch caufes. Pr
vided. That on judgments in any of the cafes afor
faid where different kinds of executions are ilTuab
in fuccefTion, a capias ad fatisfacieiidum being on
the plaintiff fhall have his eledion to take out
capias ad fatisfacieridmn in the firft infrance, and I:
at hberty to purfue the fame until a tender of th
debt and coils in gold or filver fliall be made.
t 147 1
Sec. 3. ^nd be if further enabled. That this aO: Limitatlos,
hall continue in force until the end of the next
bflion of Congrefs, and no longer.
FREDERICK AUGUSTUS MUHLENBERG,
Speaker of the Houfe of Reprefentatives,
IfOHN ADAMS, Vice-Prefdent of the United States,
I and Prefident of the Senate.
Approved, September the 29th5 1789.
GEORGE WASHINGTON,
Prefident of the United States.
CHAPTER XXII.
^n ACT to explain and amend an AB^ entitled^ ^^ An,
AEt for Regifiering and Clearing Vessels, RegU'
lating the Coasting Trade, and for other Piir^
pofesJ^
dion I . "ff3 E it enacted by the Senate ^2;^^ House
jL5 of ^e'?k^?>^^tat:ives of the United
ates of America in Congrefs affefubled^ That when Gooas unla-
ly goods, wares or merchandize of foreign growth ^^^J ^l^^^"
' manufacture, iliall be unladen from any ihip or tranfported
iffel in virtue of a permit obtained for that pur- toaian^mg
r 1 n n 1 • r rr i • i • in the lame
)le, and Ihall be put mto a craft or veliel, with m- diftri6t,to
nt to be tranfported to a landing within the fame ^^ ^T"J\
"■ ftri£l, it fhall be the duty of the infpeftor, or other Tcertificate
ficer attending the unlading of fuch goods, wares from the in-
I id merchandize, to deliver to the mailer or com- o^therproper
ander of every fuch craft or velfel, a certificate <^®cer.
fuch goods, wares and merchandize, having been
bly entered, and a permit granted therefor ; and
ch certificate ihall contain a defcription of all the
lickagcs with their marks and numbers, and Ihall
lithorize the tranfportation and landing of the
me, at any landing within the fame diftrid, with-
|it any further fee or permit, any thing in the faid
cited act to the contrary notwithflanding.
[ 148 3
Exemption Scc. 2. And he it further enafied^ Thatfo muc
of yefleh .^f ^-jjg twenty-fecoiid fedion of the faid recited ac
com^^cr.i as cxempts veirels of lefs than twenty, and not le
entering than five tons burthen^ employed between any -
exrended'to the diitrifts of the United States, in any bay or ]
veueisofjo vet, aud having a licence from the colleclor of tl
^7^^^' j^'diflria to which fuch velTel belongs, fi-om enterir
goods, &c. and clearing for the term of one year, be extendi
^rowth or ^^ veflcls not exceeding fifty tons : Prov-ided^ fuc
produce of veffels (hall not have on board goods, wares •
s^ate^'''^'''^ merchandi^ other than fuch as are actually tl
growth or produce of the United States.
Ruble of Sec. 3. And be it further enacted^ That fo mu(
Ruflia,rate of an act, entitled, " An ad to regulate the colle
©f,repeaied. ^j^^^ ^^ ^^^ duties impofed by law on the tonna;
of Ihips or veiTels, and on goods, waives and mt
chandizes imported into the United States,"
hath rated the ruble of Rufiia at one hundred cen:
be, and the fame is hereby repealed and made n:
and void.
FREDERICK AUGUSTUS MUHLENBERG
Speaker of the Houfe of Reprefentatives*
JOHN ADAMS, Vice-Prefident of the United Stat.
and Prefident of the Senate,
Approved, September the 29th, 1789.
GEORGE V/ASHINGTOI
Prefident of the United States,
CHAPTER XXIII.
An ACT making AppROPRiATioNs/cr the Serv.
. of the prefent I'^ear,
Sedion i . "O E // enacted by //ji' Senate and Hou
Specific ap- Jo ^Representatives (j/'z/j^? t/w/V
propriations States of America in Congrefs a(jembled^ That the
forTx^pe'ifces t>e appropriated for the fervice of the prefent yev
of civil lift to be paid out of the monies which arife, either fro
pifuuentf " ^^^ requifitions heretofore mads upon the fevei
[ 149 ]
htes, or from the duties on Impofl and tonnage, the
bllowing fums, viz. A fum not exceeding two hun-
dred and fixteen thoufand dollars for defraying the
sxpences of the civil lid, under the late and pre-
sent government ; a fum not exceeding one hundred
t: imd thirty-feven thoufand dollars for defraying the
|:xpences of the department of war ; a fum not ex-
^; I ceding one hundred and ninety ihoufand dollars ^}^otodiC-
I or difcharging the warrants iffued by the late board rantfofiltT
if treafury^ and remaining unfatished ; and a fum ^o^rd of
lot exceeding ninety-fix thoufand dollars for pay- forpenW
ag the penfioas to invalids. to ij^vaUds.
FREDERICK AUGUSTUS MUHLENBERG,
Speaker of the Houfe of Reprefentatives.
JOHN ADAMS, Vice-Preftdent of the United States^
and Frefident of the Senate.
Approver, September the spth, 1789.
GEORGE WASHINGTON,
Frefident of the United States.
CHAPTER XXIV.
f » A C T providing for the Payment of the Inva«
LID Pensioners of the United States.
k^lion I. T) E ^^ oiaSledby //^<?Senate ^?;/i House
J3 (p/^ Representatives of the United yim^^jj
'tates of America in Congrefs affembled^ That the Mi- penfions
itary Penfions which have been granted and paid pa^d^by^the
►y the States refpedtively, in purfuance of the acts ftates to be
»f the United States in Congrei^ affembied, to the ^^jf MaTh
nvalids who were wounded and difabled during the laft for one
ate v.ar, fhall be continued and paid by the United J^j'^'r^'^.at
)tates, from the fourth day of March laft;> for the regulations.
T
I
[ 15^ ]
fpace of one year, under fuch regulations as the
Prefident of the United States may dired.
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 29th, 1789.
GEORGE WASHINGTON
Prefident of the United States.
CHAPTER XXV.
A?! A C T ^^^ recognize and adapt to the Conftitittioi
of the United States the ejlahlijhment of the Troop:
raifed under the Refolves of the United States in Con
grefs affembled^ and for other Purpofes therein men
tioned.
Sedion i. 'W^E. it enaded by the^'Ei^AT'E. andYiov^i
^13 of KuPRESEisiTATivES of the Unitei
EilabK{h- States of America in Congrefs affembled^ That the e
"^1"^ °^o?^ flabliOiment contained in the refolve of the late Con
recognized grcfs of the third day of Odober, one thoufand fe
fortroopsin yg^ huudred and eiehty-feven, except as to th<
the fervice , p .. irr -iir 'i
of the uni- mode or appomtmg the omcers, and alio as is here
ted States, inafter provided, be, and the fame is hereby recog
nized to be the eflabHlhment for the troops in th(
fervice of the United States.
Pay and ai, gg^,^ 2. A72d be it further enacled. That the pa^
lowance 01 ' x. j
troops. and allowances of the faid troops be the fame aj
have been eftablifhed by the United States in Con
grefs aJIembled, by their refolution of the twelfth
of April, one thoufand feven hundred and eighty-
five.
Sec. 3. And be it further enaSled^ That all com-
miffioned and non-commiffioned officers and pri-
vates, who are or fliall be in the fervice of the Uni-
ted States, ihall tak.e the following oaths or affirma-
[ 15' ]
lions, to wit : " I, A. B. do folemnly fwear or af- To take
••nil (as the cafe may be) that I will fupporc the oathtofup..
Conditution of the United States." " I, A. B. do conftitttion
folemnly fwear or affirm (as the cafe may be) to bear &bear aik-
true allegiance to the United States of America, and fhrunhci
to ferve themhonediy and faithfully againH: ail their states.
enemies or oppofers whatfoever, and to obferve and
obey the orders of the Prefident of the United States
of America, and the orders of the officers appoint-
ed over me/*
Sec. 4. yind he it further enaffed^ That the fald Troops t»
troops (hall be governed by the rules and articles of ^^ g'^vem-
war wiiich have been eflablidied by the United and artLks
States in Congrefs affembled, or by fuch rules and ^^ ^^'-r-
articles of w^ar, as may hereafter by lav/ be eflab-
Jiilied.
Sec. 5. And be it further cnacled^ That for the Forproteft-
purpofe of protecting the inhabitants of the fron- '"^. ^p""
tiers.of the United States irom the hoftiieincuriions dent' nuy'
of the Indians, the Prefident is hereby authorifed ^aU /onh
to call into fervice from time to time, fuch part of
the militia of the flates refpeftively, as he may
judge necelTary for the purpofe aforefaid ; and
that their pay and fubfiftence w^hiie in fervice, be and fubS-
the fame as the pay and fubfiilence of the troops ^^i"-
above mentioned.
Sec. 6. And belt further enacted^ That this act continu-
(hali continue and be in force until the end of the ^"^^ of this
next feffion of Congrefs, and no longer.
FREDERICK AUGUSTUS MUHLENBERG,
Speaker of the Houfe cf Rcprefejitatives.
JOHN ADAMS, Vice-Prefdent of the United States^
and Prefident cf the Senate,
Approved, September the 29th5 17S9.
GEORGE W A S H I N G T O N|
Prefident cf the United States^
a6t.
[ '52 3
CHAPTER XXVI.
An ACT to allow the Baron de Glaubeck th
pay of a Captain in the Army of the United States »
Sedion i . T) E // enaSled by the Senate andWov^.
J3 (^Representatives of the Unitet
States of A?nerica in Congrefs ajjemhled^ That th
pay of a captain in the army of the United State
be allowed to the Baron de Glaubeck, from th
ninth dav of March, one thoufand feven hundrec
and eighty-one, to the twenty-fourth day of Augufl
one thoufand feven hundred and eighty-two, to bi
paid in the fame manner as other foreign officer
in the fervice of the United States have been paid
FREDERICK AUGUSTUS MUHLENBERG
Speaker of the Houfe of Reprefentatives^
JOHN ADAMS, Vice-Prefidentofthe United States
and Prefdeni of the Senate,
Approved, September the 29th, 1789.
GEORGE WASHINGTON,
Prefident of the United States,
CHAPTER XXVIL "
An ACT to alter the Time for the next Meetinc
of Congress,
Se£lion i. TJ ^^ ^^ enacledhy /;6^ Senate and^ov^i
J3 <^ Representatives of the Unitec.
States of America in Congrefs ajfemhled^ That attei
the adjournment of the prefent fefTion, the next
meeting of Congrefs fnali be on the firfl Monday
in January next.
FREDERICK AUGUSTUS MUHLENBERG^
Speaker of the Houfe of Reprefentatives,
JOHN ADAMS, Vice-Preftdent of theUnited States^
and Prefident of the Senate.
Approved, September the 29th, 1789.
GEORGE WASHINGTON^
Prejident of the United States <>
w— gJigrti^ * M^W
Congress of the United States :
'' egun and held at the City of New- York, on Wednefday,
the fourth of March, one thoufand feven hundred
.^^ and eighty-nine.
ij
K ESOLVED, That the Survey directed by Congrefs m
'\ their a6l of June the fixth, one thoufand feven hun-
^ ed and eighty-eight, be made and returned to the Secre-
ry of the Treafury without delay ; and that the Prefideiit
the United States be requeued to appoint a fit perfon to
mplete the fame, who fnall be allowed five dollars per
y whiift actually employed in the faid fervice, with the
pence» necefiarily attending the execution thereof.
FREDERICK AUGUSTUS MUHLENBERG,
Speaker of the lioufe of Reprefentatives,
JOHN ADAMS, Vice-Prefdentofthe United States^
and Prefident of the Senate.
?>PR,ovED, Augufl the 26th, 1789.
GEORGE WASHINGTON,
Prefident of the United States,
ESOLVED by the Senate and House o/" Represen-
tatives of the United States of America in Congrefs
mbled^ That it be recommended to the Legifiatures of
e feveral States to pafs laws, making it exprefsly the duty
the keepers of their gaols, to receive and fafe keep therein
. prifoners committed under the auihority of the United
ates, until they fhall be difcharged by the due courfe of the
m thereof, under the like penalties as in the cafe of pri-
lers committed under the authority of fuch States refpec-
'dy ; the United States to pay for the ufe and keeping of
:h gaols, at the rate of fifty qents per month for each pri-
ler that fhail, under their authoritv* be commiitted thereto,
ring the time fuch prifoners fhall be therein confmed j
■ C 154 ]
and alfo to fupport fuch of faid prifoners as fhall be coi
mitted for offences.
FREDERICK AUGUSTUS MUHLENBER(
Speaker of the Houfe of Reprcfe?itatives,
JOHN ADAMS, Vice-Prejdent of the United Stat
and Preftdent of the Senate*
Approved, September the 23d5 1789.
GEORGE V/ASHINGTON,
Preftdent of the United States,
lUllMM I ilif ll |l I II l| I »
ESOLVED, That it fhall be the duty of the Secreta
of State, to procure Irom time to time fuch of t
Statutes of the feverai States as may not be in his office.
FREDERICK AUGUSTUS MUHLENBER
Speaker of the Houfe of Reprefentatives,
JOHN ADAMS, Vice-Prefidenf of the United Sta.
and Preftdent cf the Senate,
Approved, September the 23d, 1789.
GEORGE WASHINGTON
Preftdent of the United States,
ESOLVED by /y^^^ Senate a?id House c/'Represi
TAT IVES of the United States of America in Cong,
affembled^ That John White, late a commiffioner to fe
the accounts between the United States and the dates f|
Pennfylvania, Delav/are and Maryland, and his clerks, Jc 1!
Wright and Joffiua Dawfon, be confidered as in office ui
the fourth day of February, one thoufand feven hiind jj
and eighty-nine.
FREDERICK AUGUSTUS MUHLENBER
Speaker of the Houfe of Reprefentatives.
JOHN ADAMS, Vice-Prcftdent of the United Sta
and Prefdent of the Senate
Approved, September the 29th, 1789.
GEORGE WASHINGTON
JPrefident of the United States,
Congress of the United States :
hgnn and held at the City of New- York, on Wednefday,
the fourth of March, one thoufand feven hundred
and eighty-nine.
he Conventims of a number of the States having at the time
of their adopting the ConjUtution expreffed a dejire^ in order
to prevent mifconJlruBion or abufe of its pozvers^ that fur-
then declaratory and refiridive claufes fhould be added :
And as extending the ground of public cofifidence in the go-
vern?nent will bejl infure the beneficent ends of its iriftitution —
U ESOLVED by the Senate and House of Represen-
\ TATivES of the United States of America in Congrefs
embled, two thirds of both Houfes concurring, That the
[lowing articles be propofed to the legiflatures of the
/eral ftates, as amendments to the Conftitution of the
nited States, all or any of which articles, when ratified
' three fourths of the faid legiflatures, to be valid to all
tents and purpofes, as part of the faid Conflitution, viz.
RTICLES in Addition to, and Amendment of, the
Constitution of the United States of America,
propofed by CongrefS;, and ratified by the Legiflatures
of the feveral States, purfuant to the fifth article of the
original ConPcitution.
Article the Firfl,
After the firft enumeration required by the firfl: article
the Conflitution, there fhall be one Reprefentative for
-ery thirty thoufand, until the number fliall amount to one
andred, after which the proportion fhall be fo regulated
{ Congrefs, that there fhall be not lefs than one hundred
eprefentatives, nor lefs than one Reprefentative for every
rty thoufand perfons, until the number of Reprefentatives
all amount to two hundred ^ after which the proportion
i: 156 ]
fliail be fo regulated by Congrefs, that there fhall riot.b
lefs than two hundred Reprefentatives, nor more than on
Reprefentative for every fifty thoufand perfons.
Article the Second. '
No law varying the compenfation for the fervices of th
Senators and Reprefentatives, fhall take efFed, until a
eledion of Reprefentatives fiiall have intervened.
Article the Third,
Congrefs fhall make no law refpecling an effablifhmer
of religion, or prohibiting the free exercife thereof, g
abridging the freedom of fpeech, or of the prefs ; or tb
right of the people peaceably to afl'emble, and to petitio
the government for a redrefs of grievances.
Article the Fourth.
A well regulated militia being neceffary to the fecurii
of a free ftate, the right of the people to keep and bear arn
fliall not be infringed.
Article the Fifth.
No foldier fhall in time of peace be quartered in ar
houfe without the confent of the owner ; nor in time ^
war, but in a manner to be prefcribed by law.
Article the Sixth.
The right of the people to be fecure in their perfon
houfes, papers, and effects, againfl unreafonable fearch'
and feizures, fliall not be violated ; and no warrants fha
iffue, bat upon probable caufe, fupported by oath or afH
mation, and particularly defcribing the place to be fearchei
and the perfons or things to be feized.
Article the Seventh.
No perfon fhall be held to anfwer for a capital, or othe
wife infamous crime, unlefs on a prefentment or indidmei
of a Grand Jury, except in cafes arifmg in the land or nav
forces, or in the militia when in actual fervice in time <
vrar^or public danger j nor lliall any perfon be fubje6: f(
C -^57 3
■he fame offence to be twice put in jeopardy of life or
[linb ; nor fhall be compelled in any criminal cafe to be
a witnefs againfl himfelf, nor be deprived of life, liberty or
property, without due procefs of law ; nor fliall private pro«
•perty be taken for public ufe without juil compenfation.
Article the Eighth,
in all criminal profecutions the accufed fhall enjoy the
* ight to a fpeedy and public trials by an impartial jury of
he (late and diflrict wherein the crime ihall have been
ommitted, which dillri^l Ihall have been previoufly afcer-
ained by law, and to be informed of the nature and caufe
f the accufation ; to be confronted with the witneiTes
gainft him ; to have compulfory procefs for obtaining
vitneiTes in his favor, and to have the affiftanee of counfel
ox his defence.
Ai'ticle the Ninth.
In fuits at common law, where the value iri controverfy
lall exceed twenty dollars, the right of trial by jury fhall be
referved ; and no facl, tried by a jury, ifhall be otherwife
e-examined in any court of the United States, than ac-
ording to the rules of the common law.
Article the Tenth*
ExcelTive bail fhall not be required, nor exceflive fines
upofed, nor cruel and unufual punifhments inflided.
Article the Eleventh,
The enumeration in the Ccnftitution, of certain rights,
lall not be conflrued to deny or difparage others retained
>y the people.
Article the Twelfth.
The powers not delegated to the United States by the
^onftitution, nor prohibited by it to the States, are re-
srved to the States refpedlively, or to the people.
FREDERICK AUGUSTUS MUHLENBERG,
Speaker of the Houfe of Reprefentatives.
JOHN ADAMS, Vice-Preftdent of the United States^
and Prefident of the Senate,
J C John Beckley, ClcrkoftheEoifeofP^eprefentaiiveu
5»C Samuel A. Otis, Secretary of the Senate,
U
Department of State, io wit,
f HEREBY certify that an edition of the Ads of Congrefs, pafied at the feflion of
1 Congrefs which began on the 4th of March, I789, as alfo of the Conftitution of
c United States, and of the articles propofed in amendment thereto, under the title
• ' Ads pafTed at the firfl feflion of the Congrefs of the United States of America,'
inted in this prefent year 1791, at Philadelphia, By Fraucie Childs and John Swaine,
157 pages ovftavo, have, from page 5 to page 157, iiiclufive, been carefully collated, by
crn Clerks, with the original rolls depofited in the office of the Secretary of State,
ijd that the following is a correal lift of the Verbal Variations of the faid printed
iition from the rolls, thofe of Orthography not being noted, to wit ;
Inted edition.
ge. Line.
4, 3 J, court
5, 12, be a party
5, 3 1, annexed Falmouth
27,
3«»
3i>
I3i
all the waters
fuch a voyage
colleaors
and
upon goods
an
of duties
halfper
prefent year
V t« r'sntitled
i> 19' \
4> 8>J
<!
Rolls.
courts
be party-
annexed the town
of Falmouth
all v/aters
fuch voyage
collector
with
upon all goods
a
of the duties
half a per
prefent
intituled
entitu'ed
intituled
Prhited edition.
Page. Line,
■ entitled
Rolls.
"35
I^
9>
m->
12,
148,
141
8s,
16,
90,
i9'
102,
34^
"S.
i4»
121,
3^
122,
»7'
13^,
5,
134,
23'
ns-,
13'
138,
9.
143,
21,
I53>
26,
or
of fuch
regifter
18
called the South
Monday of
adverfe party fhall
as in
or a decree
marfhal be
want
by the due
intituled
and
of every fuch
regiitry'
twenty-fecond
called'south
Monday in
adverfe (hall
as is in
or decree
marfhal fhall be
wants
by due
JIVEN under my hand at Philadelphia, this 3d day of Auguft, 1791.
Thomas Jefferson, Secretary of State
I
jf.-'
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