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Full text of "The laws of the United States of America"

m 

Tl 





THE 



LAWS 



OF THE 



UNITED STATES 



O F 



I C* A 
V^ Ao 



-IN THREE VOLUMES* 



VOL. II. 



PUBLISHED BT AUTHORITY 



. PHILADELPHIA: 



PRINTED BY RICHARD 

No. 33, MULBERRY-STREET 

1796, 




A C T S 

PASSED AT THE 

FIRST SESSION 

OF THE 

SECOND CONGRESS 

O F T H E 

United States of America, 

BEGUN AND HELD AT THE CITY OF PHILADELPHIA, 

In the State of Pennfylvania, on Monday, the 
Twenty-Fourth of Odober, 

IN THE EAR M,DCC,XCI ; 

AND OF THE 

Independence of the United States 

THE -SIXTEENTH. 






ACTS 

O F 

CONG RE SS. 

k 

CHAPTER L 

An Act granting farther 'Time for making Re- 
turn of the Enumeration cf the Inhabitants in 
the Dijiric? of South -Carol in a. 

BE // enafted by the Senate and 'Hwfe of Re* 
prefcntatives rf the United States of Ame- 
rica in Congrefs affemblcd^ That it fhall be law- 
ful for the marfhal of the diftrift of South- 
Carolina to complete and make return of the T J ~ l 
enumeration of the inhabitants of the faid dif- ^ " 
tricl, to the Prefident of the United States, in ^ f ; c , 
the form and manner prefcribed by the aft, i 
intituled, " An a6b providing for the enume- 
ration of the inhabitants of the United States," 
at any time on or before the firfl day of March 
next, any thing in the faid act to the contrary 
iiotwithftanding. 

JONATHAN TRUMBULL, Speaker 
of the Houfe of Reprefentalivcs. 

JOHN ADAMS, Vicc-Preftdent of the Vailed 
States, and Prefident of the Senate. 

APPROVED, November the eighth, 1791 : 
GEORGE WASHINGTON, 

Prefident of the United States. 



C 6 ] 
C II AFTER II. - 

4 Aa for the Relief of David Cook and TBo- 
mas Campbell. 

Se&ion i . 13 E if enacted by the Senate and 

JL3 Houfe of Reprefentatives of the 

United States of America, in Congrefs afjembled, 

r>. Cook That David Cook, a captain of artillery in the 
d a late war, and who, being (hot through the bo- 
dy at the battle of Monmouth, is rendered in- 
capable to obtain his livelihood by labor, fhall 
be placed on the penlion-lifl of the United 
States, and fhall be entitled to one-third of his 
monthly pay, as a captain of artillery : Pro- 

and <uldedy That he return into the treafury-office, 

a fain equivalent to two-thirds of his commu- 
tation of half-pay, being the proportion of his 
peniion to the amount of his commutation. 

Sec. 2. And be it further enabled, That Tho- 
mas Campbell be placed on the peniion-lift, 
and that the half-pay cf a captain of infantry 
^ p , be ailrAvcd to the faid Thomas Campbell, who 
has been fo injured by repeated wounds in the 
fervice of his country, that he is unable to fup- 
port hlaiieif by labor : Provided, That he re- 
turn into the treafury- office v a fum equivalent 
to the whole of his commutation of half-pay. 

JONATHAN TRUMBULL, Speaker 

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

APPROVED, December fixteenth, 1791: 

GEORGE WASHINGTON, 

Prejuknt ofabe United States. 



C 7 J 
C H A P T E R ILL 

An Acl making Appropriations for the 

cf Government for the Tear cnc thoufand Je^cn 
hundred and ninety+two. 

Section i. T)E it enacJed by the Senate and 
JJ -Houfe of Rcprefentativcs of the 
United States cf America., in Congrefs ajjembled, 
That for the iervice of the year one thoufand Specific *p* 
feven hundred and ninety-two, and the fup- j^"*" 
port of the civil lift of the United States, in- 1792- 
eluding the incidental and contingent expenfes 
of the feveral departments and offices thereof, 
there fliall be appropriated a fum of money not 
exceeding three hundred and twenty-nine thou- 
fand, fix hundred and fifty-three dollars, and civil iut. 
fifty-fix cents ; that is to fay, 

For the compenfations granted by law to the 
PreTident of the United States, the Vice-Preii- 
dent, Chief Juftice, Allociate Judges, and At- 
torney General, fifty-three thoufand dollars, j^gcs ^ 

For the like compenfations to the Diftricl: general; 
Judges, nineteen thoufand eight hundred dol- tii^ri.-i 

Jiudfie*: 
ars. 

For the like compenfations to the members mcm v er5 
of the Senate and Houfe of Representatives, 
and the officers and attendants of the two 
Houfes, eftimated on a femons of fix months 
continuance, and including the travelling ex- attendants; 
penles of the members, one hundred and twen- 
ty-nine thoufand, feven hundred and thirty 

dollars. Secretary 

For the like compenfations. to the Secretary of , \ 
and officers of the feveral departments of the'^J>; 
Treafury of the United States, including clerks Snt^Si 
jand attendant^ aft.d the falarigg of the refpec- 



L 8 3 



of \v. 






frive loan-officers, iixty thpufand three hundred 
dollars. 

For the like compenfations to the Secretary 
l> ')i" an d officers of the department of State 3 fix 
i thoufand three hundred dollars. 

Secretary For the like compenfations to the Secretary 
of war ami and officers of the department of War, nine 
- v > thoufand fix hundred dollars. 

For the like compenfations to the members 
of the Board of Commiffioners, for the fettle- 
ment of the accounts between the United States 
and the individual ftates, including clerks and 
attendants, thirteen thoufand one hundred dol* 
lars. 

For the like compenfations to the Gover- 
nors > J ud g es and otner officers of the Weflern 
Territory of the* United States, including con- 
tingencies, eleven thoufand dollars. 

For the payment of the annual grant to 
Baron Steuben, purfuant to an acl of Congrefs, 
two thoufand five hundred dollars. 

For the payment of fundry penfions grant- 
ed by the late government, two thoufand feven 
hundred and hxty-feven dollars, and feventy- 
three cents. 

incidental For defraying al! other incidental and con- 
^"[ft f t^K 61111 e ^P en ^ es f tne cry il 1^ eftablifliment, 
&c.ndthe including firewood, ftationary, together with 
t ^ le P r i ntm g work, and all other contingent 
expe <fes of the two Houfes of Congrefs, rent 
and office-expenfes of the three feveral depart- 
ments, namely, Treafury, State, War, and of 
the General Board of Conimiflioners, twenty- 
one thoufand five hundred and fifty-five dol- 
lars, and eighty-three cents. 

Sec. a. And be it further enaftsd? Th>t 



C 9 3 

enfation to the door-keepers of the two 
Houibs, for fervices which have been hereto- k er *' 
fore rendered, or may be rendered in the recefs 
of Congrefs for the year one thoufand feven 
hundred and ninety-two, and certified by the 
Prefident of the Senate or Speaker of theHoufe 
of Reprefentatives, in manner required by law, 
for like fervices during feffions, mall be dif- 
-charged out of the money herein before appro- 
priated for the contingent expenfes of the two 
Houfes of Congrefs. 

Sec. 3. And be it further enafieJ, That for 
difcharging certain liquidated claims upon the ^j^" 
United States, for making good deficiencies in claims, d?- 
ormur appropriations for the fuppart of the ^n^' 11 
civil lift-eilablifhment, and for aiding the fund payment of 
appropriated for the payment of certain officers ^11^^ 
of the courts, jurors and witneflfes, and for the & ten cut- 
eftablimment often cutters, there mall be ap- 
propriated a fum of money not exceeding one 
hundred and ninety-feven thoufand, one hun- 
dred and nineteen dollars, and forty-nine cents j 
that is to fay, 

For difcharging a balance due on a liquida- 
ted claim of his moil Chriftian Majefty againfl Balance 
the United States, for fupplies during the late ^riian 
war, nine thoufand and twenty dollars, and majefty. 
fixty-eight cents. 

For payment of the principal and intereft on 
a liquidated claim of/Oliver Pollock, late com- o. 
rnercial agent of the United States, at New- 
Orleans, for fupplies of clothing, arms and 
military (lores, during the late war, one hun- 
dred and eight thoufand, fix hundred and five 
dollai^, and two cents: Provided, That the 
faid monies be Hot paid to the'faid Oliver Pol- 

VOL. It B 



ters ' 



[ 10 J 

lock, without the confent of the agents of the 
court of Spain. 

tfa?of C dvii ^ or ma king good deficiencies in the laft ap~ 
lift. propriations for the compenfations to fundry 

officers of the civil lift-eftablilhment, five thou- 

fand four hundred and feventy-one dollars. 
Yot defraying fundry authorized expenfes to 

the commiffioners of loans in the fevejal dates, 

twenty-one thoufand dollars. 

For defraying a balance of certain liquidated 
and contingent expenfes in the treafury-depart- 
ment, two thoufand eight hundred dollars. 

For defraying the additional expenfes of the 
enumeration of the inhabitants of the United 
States, nineteen thoufand feven hundred and 
feventy-two dollars and feventy-nine cents. 

For making good a deficiency in former ap- 
propriations, to difchargethe expenfes to clerks, 
jurors and witnefles in the courts of the United 
States, five thoufand dollars. 

For the maintenance and repair of light- 
houfes, beacons, piers, flakes and buoys, fix- 
teen thoufand dollars. 

For the expenfe of keeping prifoners com- 
mitted under the authority of the United States, 
four thoufand dollars. 

For the expenfe of clerks and books in ar- 
ranging the public fecurities, two thoufand foux 
hundred and fifty dollars. 

For the purchafe of hydrometers for the uf 
of the officers in the execution of the laws oi 
revenue, one thoufand dollars. 

For the farther expenfe of building and equip- 
ping ten cutters, two thoufand dollars. 

Sec. 4. And be it further enaflediTbzt for 



C " 3 

the fuppott of the military eftablifhment of the For 
United States, in the year one thoufand feven rye 
hundred and ninety-two, tke payment of the e 
annual allowances to the invalid penfioners of 
the United States, for defraying all expenfes 
incident to the Indian department, and for de- 
fraying the expenles incurred in the defenfive 
protection of the frontiers againft the Indians, 
during the years ne thoufand feven hundred 
and ninety., atid one thoufand feven hundred 
and ninety-one, by virtue of the authority vef- 
ted in the Prefid^it of the United States, by the 
acls relative to the military eftablifhment,paffed 
the twenty-ninth of September, one thoufand 
feven hundred and eighty-nine, and the thirti- 
eth of April, ore thoufand feven hundred and' 
ninety, and for which, no appropriations have 
been made, there mall be appropriated a fura 
of money, not exceeding fivehundred and thir- 
ty-two thoufand, four hundred and forty-nine 
dollars, feventy-fix cents, and two thirds of a 
cent ; that is to fay, 

For the pay of the troops, one hundred and 
two thoufand fix hundred and eighty-fix dol- 
lars. 

For fubfiftence, one hundred and nineteen 
thqufand, fix hundred and eighty-eight dollars, 
and ninety-feven cents. 

For clothing, forty^eight thoufand dollars. 

For forage, four thoufand one hundred and 
fifty-two dollars. 

For the hofpital-department, fix thoufand 
dollars. 

For the quarter-matter's department, fifty 
thoufand dollars. 

For the ordnance department, feven thou~ 



[ I* 1 

fand two hundred and four dollars and fixty- 
four cents* 

For the contingent expenfes of the war de- 
partment, including maps, hire of exprefies,. 
allowances to officers for extra-expenfes, print- 
ing, lofs of (lores of all kinds, advertifing and 
apprehending deferters, twenty thoufand dol- 
lars. 

For the difcharge of certain fums due for 
dry officers", P a y an d fubfiflence of fundry officers of the 
&c- late army, and for pay of the late Maryland 

line, for which no appropriations have been 
made, ten thoufand four hundred and ninety 
doflars, and thirty-fix cents. 

For the payment of the annual allowances 
s, to invalid penfioners, eighty-feven thoufand 
four hundred andfixty-thrce dollars,, fixty cents 
and two thirds of a cent. 
Indian de- For defraying all expenfes incident to the 
j n ^ an department, authorized by law, thirty- 
nine thoufand four hundred and twenty-four 
dollars, and feventy-one cents. 

Fo* defraying the expenfes incurred in the 
defenfive protection of the frontiers, as before 
recited, thirty-feven thoufand^ three hundred 
and thirty-nine dollars, and forty-eight cents. 
Sec. 5.. And be it further enaclcd^ That the. 
S ^ evera ^ appropriations, herein before made, mall 
be paid and difcharged out of the funds follow- 
ing, to wit ; firft, out of the fum of fix hun- 
dred thoufand dollars, which, by the acl, inti- 
tuled, " An act making provifion for the debt 
of the United States/ 5 is referved, yearly, for 
the fupport of the government of the United 
States, and their common defence ; andfecond- 
ly ? out of fuch furplus as mall have accrued to 



C '3 1 

the end of the prefent year, upon the revenues 
heretofore eftablifhed, over and above the fums 
neceifary for the payment of intereft on thb 
public debt during the fame year, and for fa- 
tisfying other prior appropriations. 

JONATHAN TRUMBULL, Speaker 

cf the Houfe of Repref dilative s. 
JOHN ADAMS, Vice-Prefident of the United 

States, and Preftdcnt of the Senate, 
APPROVED, December twenty-third, 1791 : 
GEORGE WASHINGTON, 
Prefident of the United States. 



CHAPTER IV. 

An Ad for carrying into Effect a Contract be- 
tween the United States and the State of Perm- 
fylvania* 

FOR duly conveying to the date of Penn- 
fylvania a certain tradl: of land, the right 
to the government and jurifdi&ion whereof was 
relinquifhed to the faid ftate by a refolution of 
Congrefs of the fourth day of September, in the 
year one thoufand feven hundred and eighty 
eight, and whereof the right of foil has been 
fold by virtue of a previous refolution of Con- 
grefs of the fixth day of June in the faid year ; 

Be it cnacled by the Senate and Houfe of Re- Tract of 
prefentatives of the United States of America in land con - 
Congrefs qffcmbled^ That the Prefident of the pennfyiva- 
United States be authorized, on fulfilment of ni . aon cej> 
the terror Stipulated on tiie part of the (late of S^ 03 



C '4 ] 

Pennfylvania, to iflue letters patent, in the name 
and under the feal of the United States, grant- 
ing and conveying to the faid ftate forever the 
faid tract of land, as the fame was afcertained 
by a furvey made in purfuance of the reiblu- 
tion of Congrefs of the fixth day of June, one 
thoufand feven hundred and eighty-eight. 

JONATHAN TRUMBULL, Speaker 

of the Houfe of Reprefentatives. 
JOHN ADAMS, Vlcc-Prefideni of the United 

States, and Prefidcnt of the Senate* 
APPROVED, January the third, 1792 : 

GEORGE WASHINGTON, 
Prefident of the United States. 



CHAPTER V. 

An Aft to extend the Time limited for fettling 
the Accounts of the United States with the In- 
dividual States. 

Sec. i. 1TJ E it enacled by the Senate and 
JJ Houfe of Reprefentati'ves of the 
United States of America^ in Congrefs ajfembled, 
Board com- That the powers of the Board of Commiffion- 
for fetthT ers, Which, by an ad patted in the fecond fef- 
mntofao f lon O f the firfl Congrefs, was eflablifhed to 
fettle the accounts between the United States 
and individual ftates, fhall .continue until the 
firft day of July, one thoufand feven hundred 
and ninety-three, unlefs the bufmefs fhall be 
fooner accomplifhed. 

Sec. 2. And be it further enabled. That the 
aforefaid act fliall extend to the fettlement of 



C '5 ] 

the accounts between the United States and To ^ tiji 
the flate of Vermont : and that until the firfl with Vcr- 
day of December next,, (hall be allowed for the moat * 
faid ilate to exhibit its claims. 

Sec. 3. And be it further enacled^ That from 
and after the paffing of this ad, the pay of the 
principal clerk of the faid Board mail be the cirk 
fame as the pay of the principal clerk in the 
Auditor's office. 

JONATHAN TRUMBULL, Speaker 

vfthe Houje of Representative*. 
JOHN ADAMS, Vice-Prefident of the United 
States, and Prcfident of the Senate. 

APPROVED^ January the twenty-third, 1792 : 
GEORGE WASHINGTON, 

Prcfident of the United States. 



CHAPTER VI. 

An Aft concerning certain Fijhcries of the United 
States j and for the Regulation and Government 
of the Fi/hermen employed therein. 

Se&ion i . T) E it enacled by the Senate and 
j3 Houfc of Rcprcfentati-vcs of the 
United States of America in Congrcfs affcmbled^ 
That the allowance now made upon the expor- A ji owance 
tation of dried fifli of the fifheries othe United in lieu of .. 
States, in lieu of a drawback of the duties paid jjj^jjprt*^ 
on the fait ufed in preferving the fame, ihall tJow of dri- 
ceafe on all dried fifh exported after the tenth ^^cJto" 
day of June next, and ao a commutation and June 1792, 
equivalent therefor, there lhail be afterwards 



[ *6 3 

ana as an p a j^ on the lad day of December annually, 

equivalent. *V r rr i ' i * i 

each fifii- the owner or every veffel or his agent, by the 



tne diftrict where fuch veffel may 
belong, diat mail be qualified agreeably to law, 
cording to f or carrying on the bank and other cod fifli- 

burden not . it nun ir i 

to exceed cries, and that mall actually have been employ- 
170 dollars. ec t therein at fea for the term of four months 
at the leaft, of the fifhing feafon, next preced- 
ing which feafon is accounted to be from the 
lail day of February to the lafl day of Novem* 
ber in every year, for each and every ton of 
fuch veffel 's burthen according to her admea* 
fureinent as licenfed or enrolled, if of twenty 
tpns and not exceeding thirty tons, one and 
an half dollars ; and if above thirty tons, two 
and an half dollars ; of which allowance afore- 
faid, three-eighth parts mall accrue and be- 
long to the owner of fuch frilling veffel, and 
the other five eights thereof mail be divided by 
him, his agent or lawful reprefentative, to and 
among the feveral fiihermen who mail hav.e 
been employed in fuch veffel during the feafon 
aforefaid, or a part thereof, as the cafe may be, 
in fuch proportions as the fifh they mail re- 
fpectively have taken may bear to the whole 
quantity of fifli taken on board fuch veffel dur- 
ing fuch feafon : Provided, That the allow- 
ance aforefaid on any one veffel, for one fea- 
fon, mall not exceed one hundred and feven- 
ty dollars. 

Sec. 2. And be it further enacted \ That on 

Annual ai- the laft day of December annually, as af@re- 

fiingvet kid, there (hall alib be p.iid to the owner of 

ids above 5 every fiihing boat or veffel of more than five 

tons> tons, and Ids than twenty tons, or to his agent 

or lawful reprefentative, by the collector or ths 

diftrict where fuch boat or veffel may belong, 

the fum or one dollar upoa every ton adrnea- 



'[ '7 3 

furement of fuch boat or veiTel ; which allow- 
ance fhall be accounted for as part of the pro- 
ceeds of the fares of faid boat or veflei, and 
ihall accordingly be fo divided among all per- 
fons interefled therein : Provided however, 
That this allowance fhall be made only to fuch 
boats or vefiels as mall have actually been em- 
ployed at fea in the cod fishery for the term 
of four months at the leaf): of the preceding fea- 
fon : And provided a/fo, That fuch boat or 
veilel mall have landed in the courfe of faid 

.. r r r r r\ i r i^def What 

preceding fealon, a quantity of nfli not lels regulation-, 
than twelve quintals for every ton of her ad- 
meafurement ; the laid quantity of fifh to be 
afcertained when dried and cured fit for ex- 
portation, and according to the weight thereof, 
as the fame fhall weigh at the time of delivery 
when actually fold ; which account of the 
weight, with the original adjuftment and fet- 
tlement of the fare or fares among the owners 
and fifhermen, together with a written account 
of the length, breadth and depth of faid boat 
or veiTel, and the time me has actually been 
employed in the fifhery in the preceding fea- 
fon, mail in all cafes be produced and fworn or 
affirmed to, before the faid collector of the dif- 
tricl, in order to entitle the owner, his agent or 
lawful reprefentative, to receive the allowance 
aforefaid. And if at any time within one year 
after payment of fuch allowance, it (hall ap- 
pear that any fraud or deceit has been praftifed 
in obtaining the fame, the boat or veffel upon 
which fuch allowance mail have been paid, if 
found within the didricl aforefaid, mall be for- 
feited ; othenvife the owner or owners having 
piactifed fuch fraud or deceit, mail forfeit and 
pay one hundred dollars ; to be fued for, recover- 
ed and appropriated in like manner as forfeitures. 
VOL. II. C 



t I* } 

and penalties are to be fued for, recovered and 
appropriated for any breach of an act, entitled, 
" An act to provide more effectually for the 
collection of the duties impofed by law on 
goods, wares and merchandize imported ir.ro 
the United States, and on the tonnage of mips 
or veffel s." 

Sec. 3. And be it further enafted, That the 
f . owner or owners of every fifhing veflel of 
how to twenty tons and upwards, his or their agent 
pSSntiie or lawful reprefentative, fnail previous to re- 
allowances ceiving the allowance which is provided for in 
y this act, produce to the collector who is authori- 
zed to pay the fame, the original agreement or 
agreements which may have been made with the 
.fimermen employed on board fuch veflel, as is 
herein before required, and alib a certificate to 
be by him or them fubicribed, therein men- 
tioning the particular days on which fuch ve'f- 
s fel failed and returned on the feveral voyages 
or fares, fhe may have made in the preceding 
fifhing feafon, to the truth of which they mail 
fwear or affirm before the collector aforefaid. 

Sec. 4. And be it further enaftcd^ That no 
fhip or veflel of twenty tons or upwards, em* 
ployed as aforefaid , fhall be entitled to the al- 
lowance granted by this act, unlefs thefkipper 
or matter thereof ihall, before he proceeds on 
any fifliing voyage, make an agreement in wri- 
ting or in print, with every fifherman employ- 
ed therein, excepting only any apprentice or 
iervant of himfelf or owner ; and in addition 
to f-ich terms of mipnient as may be agreed on, 
fhall'in fuch agreement exprefs whether the 
firne is to continue for one voyage or for the 
filing feafon, and iliail alfo exprefs that the 
or the proceeds of fuch nlhing voyage or 



I '9 3 

voyages which may appertain to the fifhermen. Owners of 
fkill bw divided among them in proportion to ^huJ^ 
the quantities or number of faid fifh they may -oceed to 

r rv* ' i i_ 1- l_ * 1 ohtaui die 

reipecuvely have caught ; which agreement ^K mantt$ 
fhciil be endorfed or counterfigned by the own- 
er of fuch fifhing veffel, or his agent : And if L 
any fifherman having engaged himfelf for a 
voyage or for the fi/hing Ieafon, in any fifhing 
vefTet, and figned an agreement therefor a.s 
aforefaid, fhall thereafter and while fuch agree- 
ment remains in force and to be performed, 
ddcrt or ablent himfelf from fuch veflel, with- 
out leave of the mafter or fkipper thereof, or 
of the owner or his agent, fuch deferter fhali 
be liable to the fame penalties as deferring fea r 
men or mariners are fubject to in the mer- 
chant's fervice, and may in the like manner, and 
upon the like complaint and proof, be appre* 
he ided and detained ; and all cofts of procefs, 
and commitment if paid by the mafter or own- 
er, fhall be deducted out of the fhare of fifh, 
or proceeds of any fifhing voyage to which 
fuch deferter had or fhall become entitled. 
And any fiiherman, having engaged himfelf as 
aforefaid, who fhall during fuch fiihing voyage, 
refufe or neglect his proper duty on board the 
fifhing veffel, being thereto ordered or requir- 
ed by the mafter or fkipper thereof, or fhall 
other wife refift his juft commands, to the hin- 
drance or detriment of fuch voyage, befide 
being ani\verable for all damages arifing there* 
by, fhal! forfeit to the ufe of the owner of fuch 
veflel, his fhare of the allowance, which fhall 
be paid upon fuch voyage as is herein granted. 
Sec. 5. And be it further enaded, That where 
an agreement or contract fhall be fo made and 
figned 3 for a fifhing voyage or for the fifhing 
feafon, and any Mi which may have been 



C * 3 

of caught on board fuch veffel during the fame, 

vef- n ,? , T ,. -i i i 

how o ihall be delivered to the owner or to his agent, 

th to ^ or cure ' anc ^ ^ a ^ ke f^ by faid owner or 
agent, fuch veffel fhall for the term of fix 
months after fuch &le,be liable and anfwera- 
ble for the fkipper's and every other fifher- 
man's fhare of fuch fifh, and may be proceeded 
againft in the fame form, and to the fame ef- 
fect as any other veffel is by law liable, and 
may be proceeded againft for the wages of 
feamen or manners in the merchant's fervice. 
And upon fuch procefs for the value of a mare 
or mares of the proceeds of fifh delivered and 
fold as aforefaid, it fhall be incumbent on the 
owner or his agent, to produce a juft account 
of the fales and divifion of fuch fifh according 
to fuch agreement or contract, otherwife the 
faid veflel fhall be anfwerable upon fuch pro- 
cefs for what may be the high eft value of the 
fhare or fliares demanded. But in all cafes, 
the owner of fuch veffel or his agent, appear- 
ing to anfwer to fucji procefs, may offer there- 
upon his account of general fupplies made for 
fuch fifhing voyage, and of other fupplies there- 
for made, to either of the demandants, and fhall 
be allowed to produce evidence thereof in an- 
fwer to their demands refpeclively, and judg- 
ment fhall be rendered upon fuch procefs, for 
the refpective balances, which upon fuch an 
enquiry fliall appear : Provided always 9 That 
when procefs fhall be hTued againft any veffel 
liable as aforefaid, if the owner thereof or his 
agent will give bond to each ft merman in whofe 
favour fuch procefs fhall be inftituted, with 
fufficient fecurity, to the fatisfa&ion of two 
juflices of the peace, one of whom ihall be 
framed by fuch owner or agent, and the other 
by the fiihcrjnaii or fiihermen purfuing fuch 



t *' ] 

procefs ; or if either party fhall refufe, then 
the juftice firft appointed fhall nam~ his affoci- 
ate, with condition to anfwer and pay what- 
ever fum fhall be recovered by him or them on 
fuch procefs, there fhall be an immediate dif* 
charge of fuch veflel : Provided r , That nothing 
herein contained fhall prevent any fifherman 
from having his action at common law, for his 
lhare or fhares of fifh, or the proceeds thereof 
as aforefaid. 

Sec. 6. And be it further enaEicd, That the Drawback 
drawback heretofore allowed on the exporta- J5/ a ^ d 
tion of foreign dried and pickled fifh, and repealed", 
other foreign Talted provifions, be and the and 
fame is hereby repealed. 

Sec. 7. And be it further enafted^ That the m onic art- 
monies which fhall remain in confequence of fia g there - 
the abolition of the allowance on the exporta- p r <!pr?atcd 
tion of the dried fifh of the United States, and to P a y al - 
of the drawback on foreign dried and pickled Canted by 
fifh, and other foreign falted provifions, be, thi$aft. 
and the fame are hereby appropriated to the 
payment of the allowances granted by this aft, 
and in cafe the monies fo appropriated mall be 
inadequate, the deficiency mall be fupplied out 
of any monies which from time to time fhall 
be in the treafury of the United States, and 
not otherwife appropriated. 

Sec. 8. And be it further enacled^ That any 
perron who fhall declare falfely in any oath or e " * n 
affirmation required by this aft, being duly 
convicted thereof in any court of the United 
States, having jurifdiclion of fuch offence, fhall 
fuffer the fame penalties as are provided for 
faife fwearing or affirming, bv the a6l before- 
mentioned, and to be in like manner fued for> 
recovered and appropriated. 



C 3 

Limitation. Sec. 9* And 'be it further enacted^ That this 
aft fliall continue and be in force for the term 
pi feven years, and from thence to the end of 
the next leffion of Congrefs, and no. longer, 

JONATHAN TRUMBULL, Speaker 

of the Houfe of Reprefentatives. 
JOHN ADAMS, Vice-Prefident of the United 

States, and Prefideni of the Senate. 
APPROVED, February fixteenth, 1792 : 

GEORGE WASHINGTON, 
Prefident of the United States. 



CHAPTER VII. 

An Aa to eftablijh the Poft-Qffice and Pofl-Rcad* 

within the United States* 

(REPEALED.) 

CHAPTER VIII. 

An Ad relative to the Eleftion of a Prefident and 
Vice-Prefldent of the United States, and declar- 
ing the Officer who JhalL aft as. Prefident in 
Cafe, of Vacancies in the Offices both of Preji* 
dent and Vics-Prefident. 

Section i.^OE // enatfed by the Senate and 
J~J Houfe of Reprefenlatives of the 
states how United States of America in Congrefs affemhled y 
to appoint That except in cafe of an election of a Prefident 
ckliJnof" and Vice-Prefident of the United States, prior 
prefident& to the ordinary period as hereinafter fpecified, 
electors ihaU be appointed in each flate for the 
eledion of a Prefident and Vice-Prefident of 
the United States, within thirty-four days pre- 
ceding the fmt Wednefday in December, one 
thoufand feven hundred and ninety-two, and 



C 2 3 

\vithin thirty-fcur days preceding the firft Wed- 
nefday in December in every fourth year fuc- 
ceeding the laft election, which ele&ors fhall be 
equal to the number of Senators and Reprefen- 
tatives, to which the feveral Hates may by law 
be entitled at the time, when the Prefident and 
Vice-Prefident, thus to be chofen, ihould come 
inio office : Provided always , That where no 
apportionment of Reprefentalives fhall have 
been made after any enumeration, at the time 
of chufing electors, then the number of elec- 
tors mail be according to the cxifting appor- 
tionment of Senators and Reprefentatives. 

Sec. 2. And be it further -enaclcd^ That tlie v.iicn to 
electors mall meet and give their votes on the ^ er e \ and 
faid firft Wednefday in December, at fuch place 
in each ftatc as mall be directed by the legifla- 
ture thereof; and the electors in each (late mnli 
make and fign three certificates of all the votes tn f |S n 3 
by them given, and fhall feal up the fame, cer- of^i thuT 
tifying on each that a lift of the votes of fuch votes given, 
ftate for Prefident and Vice-Prefident is con- how to be 
tained therein, and fhall by writing under their difpofedoC 
hands, or under the hands of a majority of 
them, appoint a perfon to take charge of 'and 
deliver to the Prefident of the Senate, at the 
feat of government before the firft Wednefday 
in January then next enfuing, one of the faid 
certificates, and the faid ele&ors fhall forthwith 
forward by the port-office to the Prefident of 
the Senate, at the feat of government, one 
other of the faid certificates, and (hall forth- 
with caufe the other of the faid certificates, to 
be delivered to the judge of that diftrict in 
which the laid electors fliall aflemble. 

Sec. 3. And be it further enafled, That the Duty of ex- 
executive authority of each (late fhall caufe iv 
three lifts of the names cf the electors of fuch 



r 



of Sec. of 



non-receipt 
of lift of 
vstes. 



Congrefs to 
beinfeflion 
on 3d Wed- 
nefday in 
Feb. 1793- 



Duty of 

pcrfons 
lent vv'it 
lifts of 
votes : 



allowance 
to them. 



flate to be made and certified, and to be deli- 
vered to the electors on or before the faid firft 
Wednefday in December, and the faid electors 
/hall annex one of the faid lifts to each of the 
lifts of their votes. 

Sec. 4. And be it further enafted. That if a 
lift of votes, from any ftate (hall not have been 
received at the feat of government on the faid 
firft Wednefday in January, that then the Se- 
cretary of State fhall fend a fpecial meffenger 
to the diftrict judge, in whofe cuftody fuch lift 
fhall have been lodged, who fhall forthwith 
tranfmit the fame to the feat of government. 

Sec. 5. And be it further enacted. That Con- 
grefs fhall be in feflion on the fecond Wednef- 
day in February, one thoufand feven hundred 
and ninety- three, and on the fecond Wednef- 
day in February fucceeding every meeting of 
the electors ; and the faid certificates, or fo ma- 
ny of them as fhall have been received, (hall 
then be opened, the votes counted, and the 
perfons who fhall fill the offices of Prefident 
and Vice-Prefident afcertained and declared, 
agreeably to the Conftitution. 

Sec. 6. And be it further enafled. That in 
cafe there fhall be no Prefident of the Senate 
at the feat of government on the arrival of the 
perfons entrufted with the lifts of the votes of 
the electors, then fuch perfons fhall deliver the 
lifts of votes in their cuftody into the office of 
the Secretary of State, to be fafely kept and 
delivered over as foon as may be, to the Pre- 
fident of the Senate. 

Sec. 7. And be it further cnafted^ That the 
perfons appointed by the electors to deliver the 
lifts of votes to the Prefident of the Senate, 
fhall be allowed on the delivery of the faid lifts 



E 25 ] 

twenty-five cents for every mile of the clima- 
ted diitance by the molt ufual road, from tha 
place of meeting of the electors, to tft feat of 
government of the United States. 

Sec. 8. And be it further emitted \ That if 
any perfon appointed to deliver the votes of ::c 

i -r r- i r i o frle 

the electors to the Prendent of the Senate, ty . 
fliall after accepting of his appointment, neglect 
to perform thefervices required of him by this 
aft, he mall forfeit the fum of one thoufand 
dollars. 

Sec. 9. And b> it further enacted^ That in 
cafe of removal, death, refignation or inability jj 1 ^ 1 ' 
both of the Prefident and Vice-Prefident of the rcfi 
United States, the Prefident of the Senate pro 
tempore, and in cafe there fliall be no Prefident 
of the Senate, then the Speaker of the Houfe 
of Reprefentatives, for the time being, mall aft 
as Prefident of the United States until the dif- 
ability be removed or aPrefident fliall be elefted. 

Sec. 10. And be It further matted^ That duryf s 
whenever the offices of Prefident and Vice- 
Prefident fliall both become vacant, the Secre- 
tary of State mall forthwith caufe a notifica- 
tion thereof to be made to the executive of 
every (late, and fliall alfo caufe the fame to be 
publifhed in at leafi one of the neWfpapers 
printed in each ftate, fpecifying that electors of 
the Prefident of the United States fliall be ap- 
pointed or chofen in the Several flates within 
thirty- four days preceding the firfl Wednefday 
in December then next enfuing : Providzd, 
There mail be the fpace of two months be- 
tween the date of fuch notification and the f:iid 
firfl Wcdnefd'iy in December; but if there fliall 
not be the fpace of two months between the 
date of fuch notification and the fir ft Wednef- 

VOL. II. I) 



C 26 ] 



dent, 



tlay in December, and if, the term for whicfr 
t|ie Prefident and Vice-Prefident lafc in office 
were ele^ed fliall not expire on the third day 
of March next enfuing, then the Secretary of 
State mall fpecify in the notification that the 
electors mail be appointed or chofen within 
thirty-four days preceding the firfl Wednef- 
day in Deeember in the year next enfuing, 
within which time the electors mail according- 
ly be appointed or chofen, and the electors 
(hall meet and give their votes on the faid firft 
Wednefday in December, and the proceedings 
and duties of the faid electors and others (hall 
be purfuant to the directions prefcribed in this 
aft. 

Evidence- Sec. ii. And be it further enabled. That the 
&c " C of of' on ty ev ^^ ence f a tefufal to accept, or of a 
refignation of the office of Prefident or Vice- 
Prefident, fhall be an inftrument in writing de- 
claring the fame, and fubfcribed by the perfon 
refufmg to accept or refigning, as the cafe may 
be ? and delivered into the office of the Secre- 
tary of State. 

Sec. 12. And be It further enacted^ That the 
term of four years for which a Prefident and 
Vice-Prefident fliall be elected, {hall in all cafes 
commence on the fourth day of March next 
fucceeding the day on which the votes of the 
electors fliall have been given. 

JONATHAN -TRUMBULL, Speaker 

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

APPROVED, March the i.ft, 1792.: 

G E O R G E W A S H I N G T O N, 

Pwfident of the United Slates, 



When the 
term of 4 
years iluiil 
commence 



L V ] 
C H A P T E" R IX. 

An Acl for making further and more effectual 
Provifion for the Protection of the frontiers of 
the United States. 

(REPEALED.) 



C H A P"T E R X. 

An AcJ declaring the Conftnt of Congrefs to a cer- 
tain Aft of the State of Maryland, and to con- 
tinue for a longer Time, an Acl declaring the 
Affcnt of Congrefs to certain Acts of the States 
cf Maryland, Georgia , and Rhode-JJIand and 
Provid nee Plantations, fo far as the fame 
rcfpccJs the States of Georgia, and Rhode- 
I/land and Providence Plantations. 

(EXPIRED.) 



CHAP T E R XL 

An Acl to pro-vide fir the Settlement of the Claims of 
Widows and Orphans barred by the Limitations 
heretofore eft&blijhed and to regulate the Claims 
to invalid Pcnjio::s. 

Section i. "13 E it enacled by the Senate and 
JL5 Houfe of Rcprcfentcnives of the 
United States of America in Congrefs ajjemblcd^ Pu 
That the operation of the rcfolutioris of the [J r cc 2 
late Congrefs of the United States, pafTed on rcf( hit 
the fecond day of November, one thoufand JJJ3J 
ieven hundred and eighty five, and the twen- claims. 



ty third day of July, one thoufand feven hun- 
dred aiKi. eighty feven, fo far as they have bar- 
red, or may be conftrued to bar the claims of 
the widow or orphans of any officer of the late 
army, to the feven years half pay of fuch officer, 
fhall, from and after the pafiing this act, be 
fufpended for and during the term of two years. 
Sec ; 2 - And L \ lt further enatfed, That any 
commiilioned officer, not having received the 
commutation of half-pay, and any non-com- 
miffioned officer, foldier or feaman, difabled in 
the actual fervice of the United States, during 
the late war, by wounds or other known cauie, 
who did not delert from the faid fervice, lhall 
be entitled to be placed on the penficn lift of 
the Uiv.t;;cl Smes, during life or Me continu- 
ance of fuch disability, and fhall alfo be allow- 
ed fu ~h farther fum for the arrears of penfion, 
fro rr, the time of fuch difability, not exceeding 
the rate of the annual allowance, in confe- 
quence of his difability, as the circuit court of 
the di ; ricl, in which they refpeclively refide, 
may think juft. Provided, That in every fuch 
cafe, the rules and regulations following fhall 
be complied with ; that is to fay : Firft ; 
Every applicant mall attend the court in per- 
fon, except where it fnall be certified by two 
magiflrates that he is unable to do fo, and fhall 
produce to the circuit court, the following 
proofs, to wit : A certificate from the com- 
manding officer of the fnip, regiment, corps or 
company, in which he ferved, letting forth his 
difabil ty, and that he was thus difabled while 
in the fervice of the United States ; or the 
affidavits 'of two credible witnefles to the fame 
effect : The affidavits of three reputable free- 
holders of the city, town, or counly, in which 
he refides, afcertaining of their own know- 



[ 29 ] 

ledge, the mode of life, employment, labor, 
or means of fupport of fuch applicant, for the 
lad twelve months. Secondly; The circuit 
court, upon receipt of the proofs aforefaid, mail 
forthwith proceed to examine into the nature 
of the wound, or other caufe of difability of 
fuch applicant, and having afcertained the de- 
gree thereof, fhall certify the fame, and tranf- 
mit the refult of their enquiry, in cafe, in their 
opinion, the applicant mould be put on t 

'ion-lift, to 'the Secretary at War, together 
\vith their opinion in writing, what proportion 
cf the monthly pay of fuch applicant will bs 
equivalent to the degree of diiauliiy afcertain- 
ed in manner aforeiaid. 

Sec. 3. And be it further enacted, That the 
clerk of the diilricl court, in each diftrit, (hall C'erk t* 
publifh this aft in fuch manner as the judge of ^g 
the diftrift court fhall think effectual to give notice 
general information thereof to the people of ^- 
the diilricl, and (hall give like information of ourtt 
the times and places of holding the circuit 
courts in fuch diftrift. And in dillricls where- 
in a circuit court is not directed by law to be 
holden. the judge of the diftricl court fhall be, 
and he hereby is authorized to exercife all the 
powers given by this aft to the 1 refpeftive circuit 
courts. And it fhall be the duty of the judges duty of the 
of the circuit courts refpecliveiy, during the J uti s ts i 
term of two years from the paffmg of this acl, 
to remain at the places where the faid courts 
ihall be holden, five days at the leafl from the 
time of opening the feflicns thereof, that per- 
lons difabled as aforefaid, may have full oppor- 
tunity to make their application for the relief 
propofed by this ace. 

Sec. 4. And be It further enatted., That the 



t 30 ] 

Secretary at War, upon receipt of the proofs, 
*t war. 00 ' certificate and opinion aforefaid, fnali cauie the 
fame to be duly filed in his office, and place 
the name of fuch applicant on the penfiori-lifl 
of the United States, in conformity thereto : 
Provided always i That in any cafe, where the 
laid Secretary fhall have oiuie to fufpeft im- 
pofition or mifiake, he (hall have power to 
withhold the name of fiich applicant from the 
pcnflon-lift, and make report of the fame to 
Congrefs, at their next feinon. 

Sec. 5- ^ n ^ ^ c it further enacted. That all 
noii-commiffioned officers, fo'Idiers and feamen, 
a, difabled in the actual fervice of the United 
1,0 be pia- ' States, during the late war, whofe difabiiity 
StonJift 56 "' anc ^ ra ^- e * ?HpWiUice Jiave been afcertained, 
purfuant to the regulations prefcribed by the 
late Congrefs, and have not applied to be 
placed on the penfion-lift, until after the time, 
limited by the aft of Congrefs for that pur- 
pofe, was expired, mall now be placed on the 
penfion-lift, and be entitled to demand and 
receive their refpeftive penfions, according to 
the allowances afcertained as aforefaid, any 
thing in this aft, or any aft of the late Con- 
grefs, to the contrary, notwithstanding. 
^ Sec. 6, And be it further enafted^ That from 

iV'Tf pnv and after the palling of this aft, no iale, tranf- 
fioavbefore f er or niortffasre of .the whole or any part of 

Vine, not va- /* 1 1 

fi<i, & how the pennon or arrearages or pennon, payable 
waid to at- to an y noii-comrrliffioned office-r, foldier or lea- 
man, before the fame fhall become due, fhall 
be valid. And every perfon, claiming fuch pen- 
fion or arrears of penfion, or any part thereof, 
under power of attorney or fubflitution, mail, 
before the fame is paid, make oath or affirma- 
tion before fome juflicc of the peace of the 
place where the fame is payable, that fuch 



[ 3' ] 

pmver or fubftkution is not given by reafon of 
any transfer of fuch penfion, or arrears of pen- 
iicn, and any perfon, who fhall fwear or affirm 
f falfcly in the premifes, and be thereof convic- 
ted, fliall fuffer, as for wilful and corrupt per- 
jury. 

JONATHAN TRUMBULL, Speaker 



of the Houfe of Reprefe ntatives. 



JOHN ADAMS, Vice-Preftdent of the United 
States > a fid Prefident of the Senate. 

APPROVED, March the 23d, 1792: 

GEORGE WASHINGTON, 

Prefident of the United Slates. 



C II AFTER XII. 

An Aft providing for the Settlement of the Claims- 

> of Perfons under particular Clrcwiiftanccs bar- 

red by the Limitations heretofore ejtablijhcd. 

Section i. lO^E it enabled by the Senate and 
J_3 Houfe of Reprefentativcs of the 
United States of America in Gorigrefe affeiribkd'i 
That the operation of the refolutions of the 
late Corigrefs of the United States, palTed on 
the fecond day of November, one thoufand refototioi r 



feven hundred and eighty-five, and the tweii- 
ty-third day of July, one thoufand feven hun- 
dred and eighty-feven, fo far as they have bar- 
red, or may be conflrued to bar the claims of 
any officer, foldier, artificer, failor or marine 
of the late army or navy of the United States, 
for perfonal fervices rendered to the Unitet' 
States, in the military or naval department, 



c 3* : 

fliall from and after the paffing of this ac% be 
fufpended, for and during the term of two 
y.*ars. And that every fuch officer, foldier, 
artificer, failor and marine having claims for 
fervices rendered to the United States, in the 
military or naval departments, who fhal ex- 
hibit the fame, for liquidation, at the Treafury 
of the United States, at any time during the 
faid term of, two years, mail be entitled to an 
adjustment, and allowance thereof on the fame 
ot toex- principles, as if the fame had been exhibited, 
w?aimsfor wi thin the term prefcribed by the aforefaid re- 
*atious,occ. folutions of Congrefs : Provided, That nothing 
herein (hall be confcrued to extend to claims 
for rations or fubfiftance money. 

Sec. 2. And be it further enabled. That no 
bereglfter^ balances hereafter to be certified, as di;e from 
cdin'na.-.ie the United States, mall be regiilered in any 
claimant,* other name, than that of the original claimant, 
&c - or of his heirs, executors or adminiflrators ; 

and fuch balances mall be transferable only at 
the Treafury, by virtue of powers actually ex- ' 
ecuted after fuch regiflry, exJpreiling the fum 
to be transferred, and in purfuance of fuch 
general rules, as have been, or mail be pre- 
fcribed for that purpofe. 

JONATHAN TRUMBULL, Speaker 
of the Houfe of Reprefentativss. 

JOHN ADAMS, Vice-Prudent of the United 

States, and Preftdent of the Senate. 
APPROVED, March the 271-1, 1792: 

GEORGE WASHINGTON, 

Prejldcnt of the United States 



C 33 ] 
CHAPTER XIII. 

An Ad fir the Relief of certain Widows, Orphan**, 
Invalids, and other Perfc:is. 

Sec* I. JT& E // enabled by the Senate and 
JQ Houfe cf Representatives of the 
United States of America, in Congrefs ajfembled, 
That the Comptroller of the Treafury adjuft 
the claims of the widows and orphans refpec- . ler to ad - 
tively, as the cafe may be, of the late colonel Saim C of 
Owen Roberts, captain William White, lieu- ""f" ^~ 
tenant colonel Bernard Elliott, major Samuel orphans. 
Wife, major Benjamin Huger, lieutenant John 
Burn, and major Charles Motte, deceafed, all 
of whom were killed or died in the fervice of 
the United States, for the feven years half-pay f or 7 year* 
flipulated by the refolve of Congrefs of the ^ f -p*y> 
twenty-fourth day of Auguft, one thoufand 
feven hundred and eighty ; and that the Re- 
gifter of the Treafury do iflue his certificates 
accordingly. 

Sec. 2. And be it further enacted, That the 
Secretary of the department of war be, and he 
hereby is required to place on the invalid lift, 
Timothy Mix, difabled in the late war, by the TJ th >; 

, r r ,. -if i i i , r r M IX and 

lots or his right hand, while in the iervice or Abel Tur- 
the United States, at the rate of five dollars 
per month, to commence on the fourth day iifu 
of February one thoufand feven hundred and 
eighty-three. That the faid Secretary place on 
the invalid lift, Abel Turney, mariner, difabled 
while in the fervice of the United States, at the 
rate of one dollar per month, to commence on 
the firft day of January, one thoufand feven 
hundred and eighty- one. 

Sec. 3. And be it further enacled, That the 
VOL. II. E 



t 34 ] 



Haas. 



drears of the faid penfions be paid as the laws 
direct in fimilar cafes. 

Sec. 4. And be it further enafled, That the 
Comptroller of the Treafury be, and he hereby 
the account is required to adjufl the accounts of Jofeph 
P ann ^? a lieutenant-colonel in the fervice of the 
United States, as a deranged officer upon the 
principles of the act of the late Congrefs, of 
the third of October one thoufand feven hun- 
dred and eighty, and to allow him the ufual 
commutation of the half-pay for life of a lieu- 
tenant-colonel, and that the Regifler of the 
Treafury be, and he hereby is required to grant 
a certificate for the amount of the balance due 
to him. That the Comptroller adjufl the ac- 

ofthe late . j. J 

Brig. Gen. count or the late brigadier general De Haas, 
Admitting to the credit of the faid account, fuch 
fums as by evidence mall appear to have been 
advanced for the public fervice, and which have 
been charged by the United States to the offi- 
cers who have received the fame for the pub- 
lic fervice, and that the faid Regifter do grant 
a certificate for the balance due on fuch fettle- 
ment. The faid Comptroller adjufl the account 
o f Thomas M'Intire, a captain in the fervice of 
the United States, during the late war, and 
allow him the ufual commutation of the half- 
pay for life of a captain, and that the faid Re- 
^ er rant a certificate for the amount thereof 
accordingly. 

Sec. 5. And be it further enabled. That the 
Comptroller of the Treafury be, and he hereby 
is required to adjuft the account of Francis Su- 
zor 6ebevre, a furgeon's mate in the fervice 
of the United States during the late war, and 
who remained in captivity to the end thereof, 
and that the Regifler of the Treafury be, and 



Thomas 



Comptroi- 



of Francis 
bevere Dc " 



I 35 J 

he hereby is required to grant a certificate for 
the amount which fhall be found due for the 
fervices of the faid Francis Suzor Debevere. 
That the faid Comptroller adjuft the account 
of Robert King, as a lieutenant, deranged upon 
the principles of the ad of the late Congrefs, 
pafl"ed the twenty-fourth day of November, one 
thoufand feven hundred and feventy-eight, and 
that the faid Regifter grant a certificate accord- 
ingly. That the Comptroller adjuft the ac- 
count of Lemuel Sherman, as a failing mafter 
of a pall ey on Lake Champlain, and as fuch 
taken prifoner ; and that the faid Regifter ^^ 
grant a certificate accordingly. certificates. 

Sec. 6. And be it further enafted. That there 
be granted to Nicholas Ferdinand Weftfall, Nicholas F. 
who left the Britifh fervice and joined the army gr a n t V 
of the United States, during the late war, one la d a d 

. , , j i_ 3 36 dollars 

hundred acres or unappropriated land in the 
weftern territory of the United States, free of 
all charges, and alfo the fum of three hundred 
and thirty-fix dollars, out of any money ap- 
propriated to die contingent charges of go- 
vernment. 

JONATHAN TRUMBULL, Speaker 

of the Houfe ofRcprefentatives. 
JOHN ADAMS, Vice-Prefident of the United 

States, and Prefident of the Senate. 
APPROVED, March the 27th, 1792 : 

GEORGE WASHINGTON,. 
Prefident of the United State*.. 



C 36 ] 

CHAPTER XIV. 

An Ad Supplemental to the Acl for making far- 
ther and more effectual Provifion for the Pro- 
teclion of the Frontiers of the United States. 
("REPEALED.) 



CHAPTER XV. 

An Acl for finifhing the Light-Houfe on Bald- 
head at the Mouth of Cafe Fear River in the' 
State cf North-Carolina. 
E it enacted by the Senate and Hoiife of Re- 
prefentatives of the United States of Ame- 
rica in Congrefs aj/embled. That the Secretary 
of the Treafury, under the direction of the 
Prefident of the United States, be authorized y 
secretary as fooH as may be, to caufe to be finifhed in 
.tofinTfl f "thc frich manner as mall appear advifable, the 
light-houfe light-houfe heretofore begun under the autho- 
head 'In ~N. r ity of the ftate of North-Carolina, on Bald- 



Carolina, head, at the mouth of Cape Fear river, in the 
faid ftate : And that a fum, not exceeding four 
thoufand dollars, be appropriated for the fame, 
out of any monies heretofore appropriated, 
which may remain unexpended, after fatisfy- 
ing the purpofes for which they were appropri- 
ated, or out of any other monies, which may 
be in the Treafury, not fubjeci to any prior 
appropriation. 

JONATHAN TRUMBULL, Speaker 

of the Hoitfe cf'Reprefeniati-ves. 
JOHN ADAMS, Vice-Preftdent of the United 

States, and Prejident of the Senate. 
APPROVED, April the fecond, 1792 ; 

GEORGE WASHINGTON, 
Prefident of the United States. 



\ 



C 37 ] 
CHAPTER XVI. 

An Aft eftablifhing a Mint, and regulating the 
Coins of the United States. 

Sec. i. "O E it enacled by the Senate and Mint eft*. 

O Hotife of Reprefentatives of the b 
United States of America in Cwgrefs ajjembled^ 
and it is hereby enabled and declared^ That a mint 
for the purpofe of a national coinage, be, and 
the fame is eftablimed ; to be fituate and car- 
ried on at the feat of the government of the 
United States, for the time being : And that 
for the well conducting of the bufmefs of the 
faid mint, there mall be the following officers 
and perfons, namely ; a Director, an Affayer, 
a Chief Coiner, an Engraver, a Treafurer. 

Sec. 2. And be it further enaclcd, That the Direaorco 
Director of the mint (hall employ as many employ 
clerks, workmen and fervants, as he mall from & r r 
time to time find neceflary, fubjecT: to the ap- 
probation of the Prefident of the United States. 

Sec. 3. And be it further enacJed, That the Duty of the 
refpe&ive functions and duties of the officers officcrs> 
above mentioned mall be as follow : The Di- 
reftor of th'e mint mail have the chief manage- 
ment of the bufmefs thereof, and mail fuper- 
intend all other officers and perfons who mail 
be employed therein. The affayer mall receive 
and give receipts for all metals which may law- 
fully be brought to the mint to be coined ; 
mall aflay all fuch of them as may require it, 
and mall deliver them to the chief coiner to 
be coined. The chief coiner mail caufe to be 
coined all metals which mall be received by 
him for that purpofe, according to fuch regu- 
lations as mail be prefcribed by this or any 
future law. The engraver JhaU fink and pre- 



r 38 : 

pare the neceflary dies for fuch coinage, with 
flie proper devices and infcriptions, but it mall 
be lawful for the funclions and duties of chief 
coiner and engraver to be performed by one 
perfon. The treafurer fhall receive from the 
chief coiner all the coins v/hich mall have been 
flruck, and mall pay or deliver them to the 
perfons respectively to whom the fame ought 
to be paid or delivered : He mall moreover 
receive and fafely keep all monies which fhall 
be for the ufe, maintenance and fupport of the 
mint, and mall difburfe the fame upon warrants 
figned by the director. 

To take Sec. 4. And be it further enacted. That eve- 
oath - ry officer and clerk of the faid mint mall, be- 
fore he enters upon the execution of his office, 



take an oath or affirmation before fome jud 



AXJ-Vx ItlMrClV* 



e- 



of the United States faithfully and diligently 
to perform the duties thereof. 

And give Sec. 5. And be it further enaled^ That the 
laid affayer, chief coiner and treafurer, previ- 
cufly to entering upon the execution of their 
refpectlve offices, fhall each become bound to 
the United States of America, with one or 
more fureties to the fatisfaclion of the Secreta- 
ry of the Treafury, in the fum of ten thoufand 
dollars, with condition for the faithful and di- 
ligent performance of the duties of his office. 

Salaries. Sec. 6. And he it further ena&cd^ That there 
fhall be allowed and paid as compenfations for 
their refpective fervices : To the faid director,, 
a yearly falary of two thoufand dollars, to the 
faid affayer, a yearly falary of one thoufand 
five hundred dollars, to the faid chief cciner, 
a yearly falary of one thcufand five hundred 
dollars, to the faid engraver, a yearly falary of 
one thoufand two hundred dollars, to the laid 



C 39 ] 

treafurer a yearly falary of one thoufand two 
hundred dollars, to each clerk who may be 
employed, a yearly falary not exceeding five 
hundred dollars, and to the feveral fubordinate 
workmen and fervants, fuch wages and allow- 
ances as are cuftomary and reafonablc, accord- 
ing to their refpeclive itations and occupations. 

Sec. 7. And be it further enabled, That the Accounts 

accounts of the officers and perfons employed ho , w and , 

, r .. . r , r r . " where to be 

in and about the laid mint and for fervices per- fettled. 

formed in relation thereto, and all other ac- 
counts concerning the bufmefs and admmiflra- 
tion thereof, ihall be adjulled and fettled in the 
treafury department of the United States, and 
a quarter yearly account of the receipts and 
diuburfements of the faid mint mall be render- 
ed at the faid treafury for fettlement, according 
to fuch forms and regulations as (hall have 
been prefcribed by that department ; and that 
once in each year a report of the tranfactions 
of the faid mint, accompanied by an abftracfc 
of the fettlement j which {hall have been from 
time to time made, duly certified by the Comp- 
troller of the Treafury, mall be laid before 
Congrefs for their information. 



Sec. 8. And be it further enacted, That in 



s 



addition to the authority veiled in the Prefi- " f V' M. , 
i r i TT i o J i *.- c cu ft DUJ id- 

dent ot the United States by a refolution of i ;;; to be 

the lalt feffion, touching the engaging of ar- P : )Vjdcd> 
tifts and the procuring of apparatus lor the 
faid mint, the Preiident be authorized, and he 
is hereby authorized to caufe to be provided 
and put in proper condition fuch buildings, 
and in fuch manner as mall appear to him re- 
quinte for the purpofe of carrying on the bu- 
fhiefs of the faid mint ; and that as well the 
expenfes which Ihall have been incurred pur- 
luant to the laid refolution as thofe which may 



C 40 ] 

be incurred in providing and preparing the 
faid buildings, and all other expenfes which 
may hereafter accrue for the maintenance and 
fiipport of the faid mint, and in carrying on 
the bufmefs thereof, over and above the fums 
which may be received by reafon of the rate 
per centum for coinage herein after mention- 
ed, mail be defrayed from the Treafury of the 
United States, out of any monies which from 
defrayed. 6 ^ mQ to t ^ me ma ^ ^ e therein, not otherwife ap- 
propriated. 

Species of Sec. 9. And be it further enacted. That there 

^ a11 be fr m time to time ftruck and coined 
at the faid mint, coins of gold, filver and cop- 
per, of the following denominations, values 
and defcriptions, viz. EAGLES : each to be of 
the value of ten dollars or units, and to con- 
tain two hundred and forty feven grains and 
four eighths of a grain of pure, or two hun- 
dred and feventy grains of flandard gold. 
HALF EAGLES : each to be of the value of 
five dollars, and to contain one hundred and 
twenty three grains and fix eighths of a grain 
of pure, or one hundred and thirty five grains 
of (landard gold. QUARTER EAGLES: each 
to be of the value or two dollars and a half 
dollar, and to contain fixty one grains and fe- 
ven eighths of a grain of pure, or fixty feven 
grains and four eighths of a grain of flandard 
gold. DOLLARS or UNITS : each to be of the 
value of a Spanifh milled dollar as the fame is 
now current, and to contain three hundred and 
feventy one grains and four fixteenth parts of 
a grain of pure, or four hundred and fixteen 
grains of flandard filver. HALF DOLLARS : 
each to be of half the value of the dollar or 
unit, and to contain one hundred and eighty 
five grains and ten fixteenth parts of a grain 



t 41 3 

of pure, or two hundred and eight grains of 
ftandard filven (QUARTER DOLLARS : each 
to be of one fourth the value of the dollar or 
unit, and to contain ninety two grains and thir- 
teen fixteenth parts of a grain of pure* or one 
hundred and four grains of flandard filver. 
DISMES : each to be of the value of one.tenth 
of a dollar or unit, and to contain thirty feven 
grains and two fixteenth parts of a grain of 
pure, or forty one grains and three fifth parts 
of a grain of ftandard filver. HALF DISMES : 
each to be of the value of one twentieth of a 
dollar, and to contain eighteen grains and nine 
fixteenth parts of a grain of pure, or twenty 
grains and four fifth parls of a grain of flan- 
dard filver. CENTS : each to be of the value of 
fhe one hundredth part of a dollar, and to con- 
tain eleven penny-weights of copper. HALF 
CENTS : each to be of the value of half a cent, 
and to contain five penny weights and half a 
penny weight of copper. 

Sec. iOi And be it further enafted, That up- of what 
on the faid coins refpectively there mall be the devices, 
following devices and legends namely : Upon 
one fide of each of the faid coins there mall be 
an imprefiion emblematic of liberty, with an 
infcription of the word Liberty, and the year' 
of the coinage ; and upon the reverfe of each 
of the gold and filver coins there fhall be the 
figure or reprefentation of an eagle, with this 
infcription, " UNITED STATES OF AMERICA," 
and upon the reverie of each of the copper 
coins, there mail be an infcription which fhall 
exprefs the denomination of the piece, name- 
ly, cent or half cent, as the cafe may require. 

Sec. ii. And be it further cna fled, That the Propor- 
propot tional value of gold to filver in all coins Jj 
which fhall by law be current as monev within 

VOL. II, F 



t 4 1 

the United States, fhall be as fifteen to 
according to quantity in weight, of pure gold 
or pure filver ; that is to lay, every fifteen 
pounds weight of pure filver fhall be of equal 
value in all payments, with one pound weight 
of pure gold, and fo in proportion as to any 
greater or lefs quantities of the refpective me- 
tals. 

Sec. 1 2. And be it further entitled^ That the 
ftandard for all gold coins of the United States* 
command fhall be eleven parts fine to one part alloy; 



"be re'u- *^ accordingly that eleven parts in twelve of 
lated. ' the entire weight of each of the faid coins fhall 
confift of pure gold, and the remaining one 
"twelfth part of alloy ; and the faid alloy fhall 
be compofed of filver and copper, in fuch pro- 
portions not exceeding one half filver as fhajl 
be found convenient ; to be regulated by the 
Director of the mint, for the time being, with 
the approbation of the Prefident of the United 
States, until further provifion fhall be made by 
Jaw. And to the end that the necefiary in- 
formation may be had in order to the making 
of fuch further provifioii, it fhall be the duty 
Direaor's -of the Director of the mint, at the expiration 
of a year after commencing the operations of 
the faid mint, to report to Congrefs the practice 
thereof during the faid year, touching the com- 
.pofition of the alloy of the faid gold coins, the 
reafons for fuch practice, and the experiments 
and obfervations which fhall have been made 
concerning the effects of different proportions 
of filver and copper in the laid alloy. 

for filver 1 Sec< * ?' ^ n ^ ^ e ' lt f ltrt ^ er waflcd, That the 
coins ; ai- ftandard for all filver coins of the United States, 
joy hovy to frail t> e one thoufand four hundred and cip-htv 

lie reguia- r - . r 

ted. five parts tine to one hundred and ieventy nine 



C 43 J 

parts alloy ; and accordingly that one thou- 
fend four hundred and eighty five parts in one 
thcufand fix hundred and fixty four parts of 
the entire weight of each of the faid coins fhall 
confift of pure filver, and the remaining one 
hundred and feventy nine parts of alloy j which 
alloy fhall be wholly of copper* 

Sec. 14. And be it further enacted^ That it Perfom 
(hall be lawful for any perfon or perfons to jjy j 
bring to the faid mint gold and filver bullion, niver 
in order to their being coined ; and that the 
bullion fo brought fhall be there affayed and 
coined as fpeedily as may be after the receipt 
thereof, and that free of expence to the per- 
fon or perfons by whom the fame (hall have 
been brought. And as foon as the faid bullion 
fhall have been coined, the perfon or perfons- 
by whom the fame fhall have been delivered,, 
fhall upon demand receive in lieu thereof coins 
of the fame fpecies of bullion which fhall have 
been fo delivered, weight for weight, of the 
pure gold or pure filver therein contained i 
.Provided never fbelefs y That it fhall be at the, 
mutual option of the party or parties bring- 
ing fuch bullion, and of the director of the faid how the du 
mint, to make an. immediate exchange of coins re&or 
fbr flandard bullion, with a deduftion of one S 
half per cent from the weight of the pure gold,. 
or pure filver contained in the faid bullion, as pent, 
an indemnification to the mint for the time 
which will neceffarily be required for coining 
the faid bullion, and for the advance which: 
fhall have been fo made in coins. And it mall 
be the duty of the Secretary of the Treafury duty of s e - 
to furnifh the faid mint from time to time when- "cury 
ever the flate of the treafury will admit thereof* 
with fuch fums as may be neceffary for effec- 
ting the faid exchanges^ .to be replaced as fpee- 



C 44 ] 



order of 
delivering 

perrons' 
bringing 



gvng tm- 

due prefer- 

&c, 



dily as may be out of the coins which fhall 

have been made of the bullion for which the 

monies fo furnifhed fhall have been exchanged ; 

the half per and the faid deduction of one half per cent mall 

Si"utca OIi " conftitute a fund towards defraying the expen- 

fund, &c. fes of the faid mint. 

Sec. 1 5* And be it further c'nafted, That the 
bullion which fhall be brought as aforefaid to 
tne mmt to be coined, mail be coined, and the 
equivalent thereof in coins rendered, if de- 
manded, in the order in which the faid bullion 
fhall have been brought or delivered, giving 

. -.. r i i- i 

priority according to priority or delivery only, 
and without preference to any perfon or per- 
fons ; and if any preference mail be given con- 
trary to the direction aforefaid, the officer by 
whom fuch undue preference mall be given, 
fhall in each cafe forfeit and pay one thoufand 
dollars ; to be recovered with cofts of fuit. 
And to the end that it may be known if fuch 
preference mall at any time be given, the af- 
fayer or officer to whom the faid bullion fhaU 
be delivered to be coined, fhall give to the per- 
fon or perfons bringing the fame, a memoran- 
dum in writing under his hand, denoting the 
weight, finenefs and value thereof, together 
with the day and order of its delivery into the 
mint. 

Sec. 1 6. And be it further cnaEled^ That al? 
^ e Sld anc ^ fil ver coins which mail have beeu 
flruck at, and iiTued from the faid mint, mall 
be a lawful tender in all payments whatfoever^ 
thofe of full weight according to the refpeftive 
Values herein before declared, and thofe of Ids 
than full weight at values proportional to their 
yefpeclive weights. 

Sec, 17. And be it further enattcd.> That it 



C 45 ] 

{hall be the duty of the refpeftive officers of andtobe 
the faid mint, carefully and faithfully to ufe made con- 
their bed endeavours that all the gold and fil- [^ >le 
ver coins which ihall be (truck at the faid mint ftandard 
fhall be, as nearly as may be, conformable to J5 
the feveral ftandards and weights aforefaid, 
and that the copper whereof the cents and half 
cents aforefaid may be compofed, Ihall be of 
good quality. 

Sec. 1 8. And the better to fecure a due con- The trea- 
formity of the faid gold and fil ver coins to their r r v "^ t rc ~ 
refpective ilandards, Be it further enafled. That icfs than 3 
from every feparate mafs of ftandard gold or ^h 
filver, which mail be made into coins at the to be 
faid mint, there mail be taken, fet apart by the cd * 
Treafurer and referved in his cuftody a cer- 
tain number of pieces, not lefs than three, and 
that once in every year the pieces fo fet apart 
and referved, (hall be aflayed under the infpec- 
tion of the Chief Juftice of the United States, w hcn and 
the Secretary and Comptroller of the Treafury, 
the Secretary for the Department of State, and 
the Attorney General of the United States 
(who are hereby required to attend for that 
purpofe at the laid mint, on the laft Monday 
in July in each year) or under the infpection 
of any three of them, in fuch manner as they 
or a majority of them fhall direct, and in the 
prefence of the director, aflayer and chief coin- 
er of the faid mint ; and if it mall be found 
that the gold and filver fo aflayed, fhall not be 
inferior to their refpe&ivc ftandards herein be- 
fore declared more than one part in one hun- 
dred and forty four parts, the officer or officers 
of the faid mint whom it may concern fhall be 
held excufable ; but if any greater inferiority 
fhall appear, it mail be certified to the Prefi-. 
deitt of the United States, and the faid officer 



C 45 } 

or officers fhall be deemed difqualified to hold 
their refpective offices. 

Sec. i g. And be it further enafied^ That if 

Penalty on r ? ' . , . ? 

defeafms any or the gold or iiiver coins which mail be 
f>,._- cobs. ft ruc k or coined at the fa id mint, mall be de- 
bafed or made worfe as to the proportion of 
fine gold or fine iiiver therein contained, or 
fliall be of lefs weight or value than the fame 
ought to be purfuant to the directions of this 
act, through the default or with the conni- 
vance of any of the officers or perfons who mall 
be employed at the faid mint, for the purpofe of 
profit or gain, or otherwife with a fraudulent 
intent, and if any of the faid officers or per- 
fons (hall embezzle any of the metals which 
mail at any time be committed to their charge 
for the purpofe of being coined, or any of the- 
coins which mail be ilruck or coined at the 
laid mint, every fuch officer or peribn who mall 
commit any or either of the faid offences, (hall be 
deemed guilty of felony, and mall fuffer death.. 
Money of Sec. so. And be it further cnacled. That the: 
account to money of account of the United States mail be. 
fecHio^ol- expre'fled in dollars or units, difmes or tenths,, 
hus, &c. cents orhundredths, and milles or thoufandths, 
a difme being the tenth part of a dollar, a cent 
the hundredth part of a dollar, a mille the thou- 
fandth part of a dollar, and that all accounts in, 
the public offices and all proceedings in the 
courts of the United States fhall be kept and 
had in conformity to this regulation. 

JONATHAN TRUMBULL, Speaker 

of the Ho ufe of Representatives. 
JOHN ADAMS, Vice-Prefident "of the United 

States and Prefideni of the Senate. 
APPR.OVED, April the fecond, 1792 : 

GEORGE WASHINGTON, 
Preftdent of ti>e United States* 



t 47 1 
CHAPTER XVII. 

An Aft fupplemeniary to the A ft for the eftablifo- 
ment and Support of Light-Houfes, Beacons, 
Buoys ) and Public Piers. 

'Sec. i. T) E /'/ enacled by the Senate and 
Jj Honfe of Reprefcntati-ves of the 
United States of America in Congrefs affemblcd, i,.>rne tin 
That all expenfes which fhall accrue from the J u! >' ' l w*> 
firft day of July next, inclufively, for the ne- 
ceffary fupport, maintenance, and repairs of 
all light-houfes, beacons, buoys, the flakeage 
of channels, on the lea coaft, and public piers, 
{hall continue to be defrayed by the United 
States, until the firft day of July, in the year 
one thoufand feven hundred and ninety-three, 
notwithstanding fuch light-houfes, beacons, or 
public piers, with the lands and tenements 
thereunto belonging, and the jurifdiclion. of 
the fame, ihall not in the mean time be ceded 
to, or veiled in the United States, by the ftate 
or dates refpedively, in which the fame may 
be, and that the faid time be further allowed, 
to the ftates refpeclively to make fuch ceflion. 

Sec. 2. And be it further cnaclcd, That the FIoat ; n , 
Secretary of the Treafury be authorized to beacon* te 
caufe to be provided, erected, and placed, a 2?^S3eft 
floating beacon, and as many buoys, as may ton harbor' 
be necefiary for the fecurity of navigation, at, 
and near the entrance of the harbor of ( harlef- 
ton, in the ftate of South- Carolina. And alfo 
to have affixed three floating beacons in the 
bay of Cheiapeak ; one at the north end of 
Willoughby's Spit, another at the tail of die 



C 48 ] 

Horfe-Shoe ; and the third on the fhoalefl place 
of the middle ground. 

JONATHAN TRUMBULL, Speaker 

of the Hoitfc of Reprefentatives. 
JOHN ADAMS, Vicc-Preftdent of the United 

States, and Prefident of the Senate. 
APPROVED, April twelfth, 1792 : 

GEORGE WASHINGTON, 
Prefident of the United States. 



CHAPTER XVIIL 

An Aft to ere ft a Light-Houfc on Mont ok Point 
in the State of New-York. 

BE it enafted by the Senate and Hoiife ofRc-> 
prefentati-ves of the United States of Ar.ieri* 
certain n > M Congrefs affembled, That as foon as the 
conditions juiifdiction of fuch land on Montok point in 
on'kiontok tne ^ ate f New- York, as the Prefident of the 
Point in United States ihall deem fufficient and mod 
Nw-York. proper for the convenience and accommoda- 
tion of a light-houfe mall have been ceded to 
the United States, it (hall be the duty of the 
Secretary of the Treafury, to provide by con- 
trad, which (hall be approved by the Prefident 
of the United States, for building a light-houfe 
thereon, and for furnifhing the fame with all 
neceffary fupplies, and alfo to agree for the fa- 
laries or wages of the perfon or pcribns who 
may be appointed by the Prefident for the fu- 
perintendance and care of the lame ; and the 
Prefident is hereby authorized to make the faid 
appointments. That the number and difpofi- 



[ 49 1 

-i of the lights in the faid light-hou'e 
be fach as may tend to diftinguiih it from 
other 3, and as far as is practicable, prevent 
miflakes. 



JONATHAN TRUM3ULL, Speaker 

of the Houfe of Representatives. 
JOHN ADAMS, Vice-Preftdent of the United 

States., and Prefidcnt of the Senate. 
APPROVED, A; -il twelfth, 1792 : 

GEORGE WASHINGTON, 
Prefideni of the United States, 



. CHAPTER XIX. 

An Aft for afcertaining the Bounds of a 
of Land purchafed by John Clews Symmes. 

BE // enaffed by the Senate and Houfr rf Re- 
prefentatives of the United Slates of Ame- 
rica in Congrefs a/embled, That the Prefident 
of the United States be and he hereby is au- our 
thonzed at the requcft of )ohn Cleves Symmes Jhn C\ 
or his agent or agents, to alter the contra^ 
made between the late board of treafury and 
the faid John Cleves Symmes for the fale of a 
trad of land of one million of acres, in fuch 
manner that the faid trad may extend from the 
mouth of the Great Miami, to the mouth of 
the Little Miami, rnd be bounded by the river 
3hio, on the fouth, by the Great 'Miami on 
the weit, by the Little Miami on the eaft, and 
by a parallel of latitude on the north extend- 
mj from the Great Miami to the Little MiamL 
VOL. IL G 



[ 50 ] 

10 as to comprehend the propcfed quantity of' 
one million of acres, provided that the nor- 
thern limits ef the laid fra$ fhall net interfere 
with the boundary line eftablHhed by the trea- 
ty of fort Harmar, between the United States, 
and the Indian nations, and provided alfpthat 
the Prefident referveto the United State?, 'uch 
of land* at lands at and near fort Washington as he may 
think neceflkry for the accommodation of a 
garrifo-n at that fort. 



JONATHAN TRUMBlijL, Speaker 

of the Houfe of Rcprefentatives. 
JOHN ADAMS, Vice-P'reftdent of the United 

States., and Prefident of the Senate. 
APPROVED, April twelfth, 1792 : 

GEORGE WASHINGTON, 
Prefident of the United States* 



CHAPTER XX. 

An Ad for fixing the Compenfaiivns of the Door- 
keepers of the Senate and Houfe ofReprefenta- 
Pives in Congrefs. 

E /'/ enacled by the Senate and Houfe ofRe- 
prefentativcs of the United States of Ame- 
rica^ in Congrefs affembled^ That from and af- 
ter the termination of the prefent Jeflion of 
Congrefs, the doorkeepers of the Senate and 
Uoo-kec ^ ou fe ^ Reprefentatives, fhall each be allcw- 
rsof c\m- ed a falaiy of five hundred dollars per annum, 
srefs alter j n u }j compenfation for their fervices in the 

prelCRt fef- r . , ^ / 

iM. laid ofhces;-and that the a mil ant doorkeeper 



[ 5' ] - 

Ib each Houfe (hall be allowed in full compen-. s.vLry of 
fatiqn for all his Cervices, the fum of four him- f^ V, L ,J, 
dred and fifty dollars per annum. And it mall gr ei; alter 
be the duty of the fuid doorkeepers to do the j^ ic:;t k; 
uCuai Cervices peru ning to their refpecHve of- 
fices. during the Cefiion ofCongrefe, and in the 
recefs, under the direction oC the Secretary of 
the Senate and Clerk of the Houfe of Repre- 
Centatives, to take care of the apartments occu- 
pied by the rcCpe&ive Houfcs, and provide fuel 
and other accommodations for their fubfequent 
Ceflioii. And the laid compenCarions (hall be 
certified and paid in like manner as is provided 
by law, for the other officers of the Senate and 
Houfe of Representatives. 



JONATHAN TRUMBULL, 

of the Houfe of 'Rcprefeniatives. 
JOHN ADAMS, Yicc-Prcfident of tbs United 

Stales, and Prefideht of tbv Senate. 
APPROVED, April twelfth, 1792: 

GEORGE WASHINGTON, 

Prefidcnt of the United States. 



C H A P T E R XXI. 

An Aft for a tier in? the Times of hold ing- 'be Cir- 
cuit Courts, in certain Diftricls of the United 
States, and for other Purpofes* 



-Secricn i./OE it enacted by tbc Senate and 

JT5 Houfe of Rcprefcmati-vis of the 

United States cf America in Con^refs afjcmbled^ 

That from and after the paffing of this al the 

,-uit courts in the diffri-cls of Nojth-Caroir- 






j foi , ha and Georgia mall be held as follows, to wit i 

^ cir in the diltricl of North-Carolina on the firit 

day of June and the thirtieth day of Novem- 

Umtoi'al ber at Newbern in the prefent -.and, each luc- 
ceeding yean And all writs and recognizances 
Yeturnable and fiiita and other -proceedings that 
were continued to the circuit court for the dif- ' 
tricl of North- Carolina on 'the eighteenth cay 
oi June next iliall now be returned, and held 
continued to the fame court on the'firii day of ' 
June next.,.: In the diftricl of Georgia on the 
'twenty-fifth day of April at Savannah, an4.cn 
the eighth day. of November at Augulta in the 
:preient and each fu'-ceedihg year except when 
any of thofe days mall happen .on a Sunday 
in which cafe the court ihall be he d on the 
Monday fol lowing. 
'Sec. 2. 'And be it farther cnattcd^ That the 

ins "n he feffions of the circuit courts in the eailern cir- 
'farii' ~ cu ^ ma ^ in the prefent and every fucceeding 
LCe . year commence at the limes following, that is 
to fay, in New- York diftrift on the fifth day 
of April and the fifth day of September. In 
Connecticut diftricl on the twenty-fifth day of 
April and the twenty -fifth day of September. 
In Maffachufctts di Uriel: on the twelfth' clay of 
May and the tv/elfth day of October. InNew- 
Hanipfliife "diftridt on the twenty- fourth day of 
May and the "twenty-fourth day of October and 
in Rhode-TlTand-diflricl: en the feventh day of 
June and the feventh day o&No'yember except 
when any of thofe 1 days mall happen on a Sun- 
day and then the feffions (hall .comment e on 
the next day following. And the fefnons cf 
the circuit court fliall be held in the diitricl of 
Virginia at the city of Richmond only. In 
w-Hampmire di'ftricl at Portfmcuth and. Ex- 
u-ter alternately , : beginning ^atthe'nrft. 'In -Maf- 



t 53 a 



ts di'lrict ;at B;)1bn. ' Li R.h:).l-j-l!l.; 
di(hi:t at ^ rt and Providence alternate- 

ly beginni.iJ- at the first. l:i OoMe&icut di.- 
t rift at 1-Lirtford a:ul N; \: -i i iv-.-n alternately, 
be"; .v York dif- 

triit at 'lie aly.- 

Sec. '. Chal .i r each k - j . 

FSpfafld court a hrdtscd Sta ^n ie 

o" a,; i ; as ir.av bo, th 

fupreme court att-- :lion lliall in t"dcr- 

". r i r i i . v i / i i mine the 

Vriting fubfcnbed \v-.t :i their na-.ues (winch c ; rcij ,> 
\vriting iiiaiJ be lodged v.ith the clerk of lk: 
fu orerne coun? and 'a'eiv la^.t in his ofln 




fhall be made in fiich niarner th:-.' 
unlefk by L : :ied 

to him , anv circui: already at- 

tended until the iiune '< 

tended by every other of the faid judges. Pro- 
*uided tf/zcvr;v;, r i'hat if the pub! : . 'the 

convenience of the judges (hall :U I'.ny time. 
their opinion, require a -^ment, 

the fame may take place wi^h the conieni of 
any four of the judges of the fupreme court. 

Sec. -j. An.i'b? it furtr That the 

'dttridt c ,urt : for 'the diflri,. 

by the aa, intituled " A:i a^ to c-l:/; llfli th-j " 
l^dicial courts of the United S^i'tis," is liol- 
"^en on the fir Hi Tujfday of in:: , at 

Portland, fl-Kill, from a r the pjdlijg of 

' -this act, be holden on the "third Tuc 

June, annually, anv i:: the acit ^fordaid 

..'tothe contrary hotwithllanding : and ail wijigg 

and recognizai:,ces rctur. :.:.;., and iuits i; 
Bather, proceedings, tliat v/jre r, 



C 54 ] 

diflrift court 'for the diftrict of Maine oh the 
firft Tuefday of June next, fhall now be return- 
able and held continued to the fame court, on 
the third Tuefday of June next. 

*nd of N. Sec, 5. And be it further cnafted. That the 
ftated diftri& courts for the diftrict of North- 
Carolina, fhall in .future, beheld at the towns 
or Newbern, Wilmington and Ede'nton in ro- 
tation, beginning at Newbern, as the faid court 
now Hands adjourned. 

JONATHAN TRUMBULL, .Speaker 

cf the lioufe cf Rcprefiniativcs. 
JOHN .ADAMS, Vice-Prefident of the United 

States, and Prefident of the Senate. 
APPROVED, April thirteenth, 1792: 
GEORGE WASHINGTON, 
Prefident of the- United States. 



C II AFTER XXII. 

An- Ail to compenfate the Corporation cf Trufteft 
cf the 'Public Grammar-School and Academy 
cfWlh:.in^tpn in. the State of Delaware, for 
the Occupation if, and Damages don? to the faid 
School, during ihs late War. 

| E // cnaclcdbj the Senate and Hot/ft' cf:Jte- ' 
prejlniati'vcs of the United States of Ame- 
rica hi Cohgrefi qffembled. That as an inclemni- 
'ficatibn ta trie corporation of Tr-uflees of the 
lowed \\i\- public grammar-fchool and academy of Wil- 
cllt$f. mffipoh in the (late of Delaware, for the ufe \ 
aad occupation of the laid fchool, and the^a- 



[ 55 I 

done to the fame by the troops of the 
United States, i the late war, there be 

granted to the faid corporation of Truilceu, a 
reasonable compcnfa-tion, payable out or any , 
unappropriated money in the treafury of ' 
United States, which comnenfatiou ihall be 
afcertained by the accounting officers of the 
treafury. 

JONATHAN TRUMBULL, Speaker 

of the Ho itfe of Reprcfcntatives. 
JOHN ADAMS, Vice-PreftJent of the United 
States, and Prcfidcnt cf the Senate. 

APPROVED, April thirteenth, 1792 r 

GEORGE WASHINGTON, 

P-rcfuknt of the United States. 



CHAPTER XXIII. 

An Aft for apportioning Representatives among 
the fe-veral States, according to ihejirjl Enu- 
meration. 

E // cnacled by the Senate and Hcitfe of Re- Apportl - <m> . 

I prefentatives of the United States of A me- mentofre- 
rica in Cmgrefs a/cmbled, That from and after |- 
the third day of March one thoufand feven 
hundred and ninety-three, the Houfe of Repre- 
ientatives lhall bs compofed of members elcc- 
ted agreeably to a ratio of one member for eve- 
ry thirty-three thoufand peribns in each fcate, 
computed according to the rule prefcribed by 
the coriftitution ; that is to fay : Within the 
ftate of New-Hampfliirej four ; within the ftatc 



r 5$ ] 

ofMaitachufetts, fourteen ; wir':"-. 
Venuont, two; within tho fete .le- 

Iiland, two : withi; Ait, 

fove'.i ; \vkhia the : V'oik, ten ;- 

within til*:: il-ite of New-Jerfe^, fiv\.: : within 
the (late 01 heirteea; within the 

itate of Delaware^ one; \v;thin the it ate of 
Maryland, eight ; within the Hate of 'Virginia, 
nineteen ; within the itate of Kentucky, two ; 
withia the ftate of North-Carolina, ten ; with- 
in the ft ate of South-Carolina, fix ; and within 
the Hate of Georgia, two members. 

JONATHAN TRUMBTJLL, Speaker 

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

APPROVED, April fourteenth, 17.92 : 

GEORGE WASHINGTON, 

Prefident of the United States. 



CHAPTER XXIV. 

An A3 concerning Confuh and Vice-Confuls, 

ITT'O-R carrying into full effect the convention; 
JH between the Kiag of the French, and the 
United States of America, entered into for the 
purpofe' of defining and eftablifHng the func- 
tions and privileges of their refpedive Confuls 
and Vice- ConI uls ; 

Sec. i. Be itenacJedby the Senate and Hoiffe 
of Rcprefentatrocs of the United States of Ame~ 
-r\ca in Congrefs ajfcmbled. That where in the 



u t- 



r 57 i 

^everith article of the faid convention, it is r 

cd that when there fhall be no conlul or .-. : ;nc *' 
vice-conful of the King of the French, to at- 
tend 10 the Caving- of the wreck of any French v ' rccks - 
veilcls ftranded on the coafls of the United 
States, or that the rcfid^nce of the faid confuU 
ice-conful (he not being at the place of 
the wreck) fhall be more diflant from the laid 
place than that of the competent judge of the 
country, the latter mall immediately proceed 
to perform the ofKce therein prefcribed ; the 
di (trict judge of the United States of the dif- 
trid: in which the wreck (hall happen, (hall 
proceed 'herein, according to the tenor of the 
faid ar.icle. And i ::\fcs it fhall be the 

duty of the officers of the cuftcins within \vhofc 
di ft rifts fuch wrecks mall happen, to give no- 
tice thereof, as foon as m:iy be, to the faid 
judge, and to aid and ailiit him to perform the 
daties hereby aifrgned to him. Th-j diflriclr 
judges of the United States mail a'fo, within 
their refpe&ive diitriccs, be the competent 
ju l^es, for the ourpofes expreiTed in the ninth 
article of the fiiid convention, nnd it fliall be 
incumbent on them to -ive aid to the confute 
and vicL'-confuls of thj Kiing- of the French, 
1,1 arreiUng andiecuring deferters from veilels 
of the French nation according to the tenor of 
. laid article. 

And where by any article of the faid Con- nu*y 05 
f prition, the cnnfuls and vice confuls of the riarih ^ 
King of the French, are entitled to the aid of 
the competent executive officers of the coun- 
ti v, in the execution of any precept, the mar- 
; of the United States, and their deputies, 
! v within their refpeclive diftri&s, be the 
competent officers, and (half give their aid 
tor-iing to the tenor of the ftipulations. 
VOL. II. H 



L 58 J 



-Inerjts (hall 

fce made, 



Right of 



And whenever commitments to the jails of" 
the country (hall become neceffary in pursu- 
ance of any Itipulaticn of the faid Convention, 
they mall be to fuch jails within the efpective 
didricls as other commitments under the au- 
thority of the United States are by hr.v made. 
And for the direction of the confuh and vice 
confuis of the United States in certain cafes. 

Sec. 2. Be il enaaed by the authority aforcfaid^ 
That they fhall have right in the ports or pla- 
ces to which they are or may be Severally ap- 
pointed of receiving the protefts or declara- 
tions, which fuch captains, mailers, crews, paf- 
fengers and merchants, as are citizens of the 
United States may refpectively chufe to make 
there \ and alfo fuch as any foreigner may 
chufe to make before them relative to the per- 
fonal intereft of any citizens of the United 
States ; and the copies of the faid acts duly 
authenticated by the faid confuis or vice con- 
fuis, under the feal of their ccnfulatcs, refpec- 
tively, mal: receive faith in law, equally as their 
originals would in all courts in the United 
States. It fhall be their duty where the laws 
of the country permit, to take poiTefiion of the 
perfonal eftate left by any citizen of the United 
States, other than feamen belonging to any 
fhip or veffel who fhall die within their confu- 
te -, leaving there no legal reprefentative, 
partner in trade or truftee by him appointed to 
take care of his effects, they fhall inventory the 
ami >T & r ^ ame w ith tne afiidance of two merchants of 
mh banner the United States, or for want of them, of any 

fe **2' r the ot * lers at t ^ lc "" choice > ^ a ^ collect the debts 
u. s. if not due to the deceafed in the country where he 



charge of 

perfonai 






which he mail have there contracted ; ihall fell 
at auction after reafonable public notice fucb 



t 59 ] 

part of the efla*e as (hall be of a penffmbfena* 
ture and fuch further part, if any, as fhall be 
neceiTary for the p.iviiicnt of his debts, and at 
the expiration of one year from his deceafe, 
the refidue ; and tli alance of the eftate they 
ihall tranfmit to the treafury of the United 
States, to be hoi -den in trull for the legal claim- 
ants. But if at any time before fuch tranfmif- 
fion, the legal reprefentative of the deceafed 
fhall appear and demand his effects in their 
h.t'ids, they fhall deliver them up, being paid 
their fees, and (hall ceafe their proceedings. 

For the information of the reprefentative of Com * A 
the dixeafed, it fhall he the duty of the conful notify th 
or vice conful authorized to proceed as afore- dcat!l in 

r i i i r i n T --tf 

laid in the icttlement or his eitatc, immediate- 
ly to notify bis death in one of the gazettes 
publifhed in the conful ate, and alib to the Se- 
cretary of State, that the fame may be notified 
in the flate to which the deceafed mail belong ; 
and he mall alfo, as foon as may be, tranfmit 
to the Secretary of State, an inventory of the 
effects of the de'cenfed taken as before direc- 
ted. 

Sec. 3. And be it further enacted^ That the Duty 
faid confuls and vice confuls, in cafes where ' ll !:': !c 
ihips or veiTels of the United States {hall be 
ftranded on the coafts of their confulates re- 
fpectively, fliall, as far as the laws of the coun- 
try ~,vili permit, take proper meafures, as well 
for the purpofe of laving the faid fhips or vcf- 
fels, their cargoes and appurtenances, as for 
ilcring and fecuring the elieds and merchan- 
dize faved, and for taking aa inventory or in- 
ventories thereof; and the merchandize and 
effects faved with the inventory or inventories 
thereof taken a& aforefaid, fhall, after deduo 



f x* r *2 

1 ro 
t_ -j 

Iln<r thn-efrom the ejcpenfe, be delivered to the 
orrncr or owners. Provided, That no conju-j 
or vice conful mall have authority to take poi~ 
feiiioii of any fuch goods, wares, merchandize 
or other property, when the mailer, owner or 
confignee thereof is prefent or capable of ta r 
king poiiefncn of the fame. 

Sec. 4 . And be it further cnatlcd^ Th?t it fell 
jand may be lawful for every conful and vice- 
conful oi the United States, to take and re- 
ceive the following fees of office for the fervices 
which he mall have performed. 

For authenticating under the confuhr feal, 
every proteft, dccla: alien, depofition, or ether 
acK which inch captains, mailers, mariners, 
fearnen, paflengcrs, merchants or others as ere 
citizens of the United States may refpecli /ely 
chufe to make, the fum of two dollars. * 

For the taking into polTjflion, inventorying, 
felling and finally fettling and paying, or tranf- 
quitting as aforefaid, the balance due on the 
pel ional eflate left by any citizen of the United 
S .ares who (hall die within the limits of his 
coiviilate five per centum on the grofs amount 
of -uch eflate. 

For taking into pofieiiicn and otherwife pro- 
ceeding on any inch eflate which mall be de- 
livered over to the legal reprefentative before a 
final fettlement of the fame, as is herein before 
direcled two and an half per centum on fuch 
part delivered over as mall not be in money, 
and five per centum on the grofs amount of 
the refidue. 

And it fhall be the duty of the confuls and 

KOnjTutS fo . -r 1 r i -r 

e rt vice-coniuls of the United States, to give re- 
ceipts for all fees which they {hall receive by 



r & ] 

of this a&, orpreiring the particular feiv 
rices for ;;ich they are paid. 

Sec. 5. And be it further cnafted^ That in 
c-fe it be fo'indneceffary for the intereft of the 
"United Si: : ;, fh.:/ a conful or c-niifuls be ap- k^v to 
r u ed to rt-ndo oVi the coaft of Barbary, the ^^^ 
rrefident be authorized to allow an annual 
lary, not exceeding two thoufand dc:lh:r.; to 
c:,:h perfon lb to be appointed: Provldid, That 
iuch falary be not allowed to more than one 
consul for any one of the Hates on the faid 
coaft. 

Sec. 6. And be it further enacted^ That every , 

r i i r i n n t r ' Confulf tri 

X^oniul and vice coniul mall, beiore tney enter gi >e i, 4 .id 
ru the execution of iheir trufts, or if already IJ" 
;.i tlie execution of the fame, wilhin one year 
from the palling of this acl, or if refident in 
.Afia, within tv/o years, give bond with fuch 
fureties as fnall be approved by the Secretary 
of State, in a fum of not lefs than two thoufand 
nor more than ten thoufand dollars, condition- 
ed for the true and faithful diicharge of the du- 
ties of his office According to law, and alfo for 
truly accounting for all monies, goods arid ef- 
fects which may come into his poffcfTion by 
virtue of this act : and the faid bond (hall be 
lodged in the office of the Secretary ofl the lodged. 
Treafurv. 

y 

Sec. 7. And be it further enacted., That to Prr)V jf ! 
prevent the mariners arid feamen, employed in &r mar 
vefTels belonging to citizens of the United ^ : 
States, in cates of fhipwreck, ficknefs or cap- r 
tivity, from fuSering in foreign ports, it mall be 
the duty of the confute and vice confuls refpec- 
tively, from time to time to provide for them 
jn the molt reafonable manner, at the expenfe 
?f the United States, fnbject to fuch 



C ^ 1 

ticns as the Secretary of State mall give, and 
not exceeding an allowance of twelve cents to 
a man per diem ; and all mailers and com- 
manders of verTels belonging to citize s of the 
United States, and bound to fome port of the 
fame, are hereby required and enjoined to take 
iuch mariners or feamen on board of their 
flrps or veiTels, at the requdl of the faid con- 
fuls or vice con-fills refpeelively, and to tranf- 
fort them to the port, in the United States to 
which fuch mips or veffels may be bound free 
of cods or charge ; but that the faid mariners 
or feamen (hall, if able, be bound to do duty 
0:1 board r uch mips or veflels according to their 
fevaral abilities: Provided, That no mafter or 
captain of any fliip or veiTcl, mall be obliged 
to take a greater number than two men to every 
one hundred tons burthen of the faid fliip or 
yeflel, on any one voyage : and if any fuch 
captain or ni.ifler fhall refufe the fame on the 
jfequeft or order of the conful or vice conful, 
fb':h captain cr imfter fhall forfeit and pay the 
f u n of thirty dollars for each manner or fea- 
man fo refufed, to be recovered for the benefit 
of the United States by the faid conful or vice- 
ecnful in his own name, in any court of com- 
petent jurifdiclion. 

Sec. 8. And bs it further enafted, That 

Duty of , r . rr i i i i* 

jnaae-s of where a imp or veilcl belonging to citizens oi 
2^i *** t ^ le United States is fold in a foreign port or 
*fcharged place, the mailer, unlefs the crew are liable 

ieamenand.^y fa^ contra ft or ^ o confent tO be Clifchar- 
4)f CCnfuls > nurim 11 i n 

ged tiiere, lhall fend mem back to the itatc 
where they entered on board, or furni'h them 
with means fuificient for their return, to be 
afceftained by the confu! or vice conful of the 
United States, having jurifdiclion of the port 
r place. And in cafe .cf the mailers refufal, 



. r *3 i 

the faidconful or vice confui may (if rhe laws 
of the land permit it) caufe his iliip, goods and 
perfon to be arrefted and held until he fnall 
comply with his duty herein. 

Sec. 9. And be it further emitted, That the 
fpecification of certain powers and duties, in 
this aft, to be exerciled or performed by the 
confuls and vice confuls of the United States,. 
fhall not be conilrued to the exclusion of others 
rcfuiiing from the nature of their appointments, 
or any treaty or convention under which they 
may aft. 

JONATHAN TRUMBULL, Speaker 
ofi/je Iloiife of P.cprefcniaiivcs. 

JOHN ADAMS, Vicc-Preftdcnt cf ibe United 
States i and Prcf. dent cf the Senate. 

APPROVED, April fourteenth, 1792 : 

GEORGE WASHINGTON, 

nt of the United States. 



CHAPTER XXV. 

J.n Ad authorising the Grant and Conveyance of 
certain Lands to the Ohio Company of Affodates. 

Sec. I. TF) E it enacted by the Senate and 
.JGl Hoitfe of Reprcfentativet of the 
United States of America in Cwgrefs ajjembled^ 
That a certain contract cxprefled in an inden- 
ture executed on the t\venty feventh day of 
October, in the year one thoufand feven huu- 
dred and eighty feven, between the then board 
f treafury for the United States of America,. 



r 64 i 

of tBe one part, and Manaffeh Cutler, and; 
Winthrop Sergeant, as agents for the directors 
of the Ohio Company of ailbciaie?, of !'e 
other part, fo far as the fame rcfpccb the fol- 
lowing described tract of land ; that is to fay : 
cc Beginning at a Hation where the wedcrn 
boundary line of the feventh range of t-own- 
fhips, laid out by the authority of th^ T/Litcd 
States in Ccngrefs aiTembled, inter.e^s the 
river Ohio ; thence extending along th,;; river 
fouth-wefterly to a place where the v er-g 
boundary line of the fifteenth range of towi** 
fhips, when laid out agreeably to the land or- 
dinance paffed the twentieth day of May, cnc 
thoufand feven hundred and eighty five, would 
touch the faid river ; thence running northerly 
on the faid weflern bounds of the faid fifteer.- li 
range of townfhips, 'till a line drawn due e I 
to the weftern boundary line of the faid fevenih 
range of townfhips, will comprehend, with the 
other lines of this tract, feven hundred and fifty 
thoufand acres of land, befides the ievera! bra 
and parcels of land in the faid contract rei T- 
ved or appropriated to particular purpok ; 
thence running eait to the weftern bounder/ 
line of the faid feventh range of townih,:-s, a. d 
thence along the faid line to the place of be- 
<*>niTrmd, ginning," be and the fame is hereby cc firmed: 

totoftfs Anc ^ ^ c t ^ le P re fi^ ent f tne Unived S ates be 
to grant ' and he hereby is authorized and empowered 

tentTn P the to ^ Ue * etters P atent m the name and under 
f" .the feal of the United States, thereby granting 
Ut " aR ^ conv eying to Rufus Putnam, jVli.iia.'lh 
Cutler, Robert Oliver, and Griffin Gre^-n, and 
to their heirs and afli;/is, in fee frmple, the iai'd 
defcribed traft of land, with the refervadoiis 
in the faid indenture exprenfed. in truft for the 
' gerfoas compofmg the laid Ohio Company of 



Iffociates, according to their fevcral rights and 
mtereils, and for their heirs and afligns, as te- 
nants in common. 



Sec. 2. And be it fir t her cmicicd^ That the TO < 
:'ident be and he hereby is further autho- < m( y )lh 
r'z-ii and empowered, by letters-patent as RH^ 
aforefaid, to grant and convey to the faid Ru- :iam - &c - 
fas Putnam, ManaiTeh Cutler, Robert Oliver 
and Griffin Green, and to their heirs and af- 
figns, in trufl, for the ufes above exprefied, 
one other tract of two hundred and fourteen 
thoufand, two hundred and eighty-five acres 
of land. Provided, That the faid Rufus Put- 

rr i *-t i T i f^^ i on cerfaiin 

nam, Manafleh Cutler, Robert Oliver and conditions, 
Griffin Green, or either of them, (hall deliver 
to the Secretary of the Treafury within fix 
months, warrants which iiTued for army boun- 
ty-rights fufficient for that purpofe, according 
to the provifion of a refolve of Congrefs of the 
twenty third day of July, one thoufand feven 
hundred and eighfy-ieven. 

Sec. 3. And be it further enafted^ That the TO grant 
Prehdent be and he hereby is farther autho- g 
rized and empowered by letters-patent as afore- fus rut- 
faid, to grant and convey to the laid Rufus nam> * 
Putnam, ManarTeh Cutler, Robert Oliver and 
Griffin Green, and to their heirs and aifigns, 
in fee fimple, in truft for the ufes above ex- 
preffed, a farther quantity of one hundred thou- 
fand acres of land. Provided always ncverthe- 
/c/}, That the faid grant of one hundred thou- 
fand acres mall be made on the exprefs condi- 
tion of becoming void, for ftich part thereof, p ^f 9 o 
as the faid company lhall not have, within five a;tion - 
years from the pafiing of this act, conveyed in 
fee fimple, as a bounty and free of expenfe, in 
tracts of one hundred acres, to each male per- 

VOL. IT. I 



C 66 ] 



fon, not lefs than eighteen years of age, being 
an aftual fettler at the time of fuch conveyance. 
Whereto Sec. 4. And be it further enaded, That the 
d> faid quantities of two hundred and fourteen 
thoufand, two hundred and eighty-five acres, 
and of one hundred thoufand acres, fhall be 
located within the limits of the tract of one 
million, five hundred thoufand acres of land, 
defcribed in the indenture aforefaid, and ad- 
joining to the tract of land defcribed in the firfl 
ledion of this aft, and in fuch form as the 
Prefident in the letters patent, mall prefcribe 
for that purpofe. 

JONATHAN TRUMBULL, Speaker 

of the Houfe of Reprefentati-ves. 
RICHARD HENRY LEE, Prefident 

tenipore of the Senate. 
APPROVED, April twenty firft, 1792 : 

GEORGE WASHINGTON, 
Prefident of the United States* 



Eftate of 



CHAPTER XXVI. 

An Ad to indemnify the Eftate of the late Major 
General 'Nathaniel Green, for a certain Bond 
entered into by him during the late War. 



Tl 
A3 



'* ^acled by the Senate and Houfe ofRe- 
prefenta fives of the United States of Ameri- 
Grenin- ca > n Congrefe affembled, That the United States 
^ a ^ anc ^ w ^^ indemnify the eftate of the late 
General Green, for the fum of eight thoufand 
fix hundred and eighty eight pounds fix fhil- 



C 6 7 ] 

lings fterling money, being the amount due on 
the firft day of May, one thoufand feven hun- 
dred aad eighty-fix, on a certain bond execu- 
ted to Meffieurs Newcomen and Collet, by the 
faid General Green, as furety for John Banks 
and Company, and the interefl thereon ; ex- 
cepting therefrom .a certain conditional bond 
given in June one thoufand feven hundred and 
eighty fix, for about one thoufand fix hundred 
pounds flerling, (be the fame more or lefs) 
being part of the aforefaid fum of eight thou- 
fand fix hundred and eighty eight pounds fix 
millings, which was to be paid, only in cafe uncertain 
the faid General Green mould recover from 
the faid Banks, or Banks and Company, a fum 
fufficient for his indemnity ; Provided, it fhall 
appear upon due inveftigation, by the officers 
of the Treafury, that the faid General Green, 
in his life-time, or his executors, fince his de- 
ceafe, have not been already indemnified, or 
compenfated for the faid fum of eight thoufand 
fix hundred and eighty eight pounds fix mil- 
lings, except as aforefaid : And alfo provided, 
That the faid executors mall account for a fum 
being about two thoufand pounds fterling, (be 
the fame more or lefs) recovered of John Fer- 
rle, one of the partners of the faid Banks and 
Company, by the faid executors, to be in part 
of the indemnification aforefaid ; and alfo mail 
make over to the Comptroller of the Treafury 
and his fuccefibrs, for the United States, all 
mortgages, bonds, covenants, or other coun- 
ter-fecurities whatfoevcr, now due, which were 
obtained by the faid General Green, in his 
life-time, from the faid Banks and Company, 
on account of his being furety for them as 
aforefaid, to be fued for in the name of the faid 
executors for the ufe of the United States, 



rv r.crciM. 



[ 68 ] 

utyofthe And the officers of the Treafury are hereby 
r.cers <>f authorized to liquidate and fettle the fum due 
'" to the eflate of the faid General Green, to in- 
demnify the fame, as aforefaid, according to 
the true intent and meaning of this aft, and to 
pay the fame, out of the Treafury of the United 
States, to the faid executors, to be accounted 
for by them, as part of the laid eiiate. 

JONATHAN TRUMEULL, Speaker 

cf the Houfe of Reprefentalivcs. 
RICHARD HENRY LEE, Prejldent prs 

tcir.pore of the Senate. 

APPROVED, April tv/enty-feventh, 1792 : 
GEORGE WASHINGTON, 
Prejident cf the United States. 



C II A P T E R XXVII. 

An Ad for ralfing a farther fum of Money for 
the Protection of the Frontier -s, and for other 
Purpofcs therein mentioned. 

Sec. i. TO E # enacted by the Senate and 
JO Houfe of Reprefentaii-ves of the 
on 3oth United States of America in Gongrejs ajfembledj 
Jutfe^nuw That from and after laft day of June next, the 
force on dutits ' now in force upon the articles herein- 
i^. n t 1 ar after enumerated and defcribed, at their kn- 
ife and portation into the United States, {hall ceafe, 
Toikx- anc ^ tnat m ^ eu thereof, there fliall be thence- 
linihcir forth laid, levied and collected upon the faid 
articles, at their faid importation, the feveral 
and icfpe&ive rates or duties following : viz : 



ID 



[ 69 ] 

WINES, namely : Madeira, of the quality of specific du- 
London particular, per gallon fifty fix cents : ^^ r ' 
Madeira, of the quality of London market, Senucdar- 
per gallon, forty nine cents : Oilier Madeira ticlt! - 
wine, ^ per gallon, forty cents: Sherry, pel- 
gallon, thirty three cents : Saint Lucar, per 
gallon, thirty cents : Liibon, per gallon, twen- 
ty five cents: Oporto, per gallon, ' ve 

cents : Tcncrirre and Fay all, : xven- 

ty cents : All other wines, forty per centum 
ad valorem, Provided that I unt of the 

duty thereupon fhall, in no cafe, i thir- 

tv cents per gallon. 

SPIRITS, diflilled wholly or chiefly from 
grain : Of the firft clafs of proof, per gaUon, 
twenty eight cents : of the fecond c : 
proof, per gallon, twenty nine cents : of th- 
third clafs of proof, per gallon, thirty one 
cents : of the fourth clafs of proof, per gallon, 
thirty four cents : of the fifth clafs of proof, 
per gallon, forty cents : of the f;xth clafs of 
proof, per gallon, fifty c. 

ALL OTHER DISTILLT.D SPIRITS : Of the 
fecond clafs of proof and under, per gallon, 
twenty five cents : of the third clafs of proof 
and under per gallon, twenty eight cents : of 
the fourth clafs of proof and under, per gal- 
lon, thirty two cents : of the fifth clafs of proof 
and under, per gallon, thirty eight cents : of 
the fixth clafs of proof and under, per gallcn, 
forty fix cents. Which feveral clafTes or deno- 
minations of proof fhall be deemed and taken 
to correfpond with thofe mentioned in the cc act 
tc repealing after the lad day of June next, 
" the duties heretofore laid upon diftiiled fpi- 
" rits imported from abroad, and laying others 
" in their Head, and alfo upon fpirits diflilled 



C 7 ] 

Specific du- " within the United States, and for appropri- 



Beer, ale and porter, per gallon, eight cents : 
fteel, per hundred weight, one hundred cents : 
nails, per pound, two cents : cocoa per pound, 
two cents : chocolate, per pound, three cents : 
playing cards per pack, twenty five cents : 
i'hoes and flippers of filk, twenty cents : all 
all other ihoes and flippers for men and wo- 
men, clogs and golofhoes, ten cents : all other 
fhoes and flippers for children, feven cents : on 
hemp, for every one hundred and twelve 
pounds, one hundred cents : on cables, for 
every one hundred and twelve pounds, one 
hundred and eighty cents : on tarred cordage, 
ff>r every one hundred and twelve pounds, one 
hundred and eighty cents : on untarred cor- 
dage and yarn, for every one hundred and 
twelve pounds, two hundred and twenty five 
cents : on twine and packthread, for every 
one hundred and twelve pounds, four hun- 
dred cents : on coal, per bufhel, four and a 
half cents : on falts called Glauber-falts, for 
every one hundred and twelve pounds, two 
hundred cents. 

ARTICLES AD VALOREM : China wares,. 
looking glafs, window and other glafs. and all 
manufactures of glafs, black cmart bottles ex- 
cepted ; mufkets, piftols, and other fire arms ; 
fwords, cutiaiTes, hangers and other fide arms; 
(birch ; hair powder ; wafers ; glue ; laces, 
lines, fringes, taifels, and trimmings, common- 
ly ufed by upholflerers, coachmakers and fad- 
dlers, and paper hangings ; painters colors, 
whether dry or ground in oil, fifteen per cen- 
tum ad valorem ; cad, flit and rolled iron, and 
generally, all manufactures of iron, fteel, tin, 
pewter, copper, brafs, or of which either of 



[ 7' ] 

thefe metals is the article of chief value, not 
being otherwifc particularly enumerated, brais 
and iron wire excepted ; cabinet \ lea- 

ther tanned and tawed, and all manufactures 
of leather, or of which leather is the article of 
chief value, not otherwifc particularly enui. 
rated ; medicinal drills, except thofj com- 
monly ufed in dying ; hats, caps and b 
of every fort ; gloves and mittens j (lockings ; 
inilinery ready made ; artificial 11 < 
thers and other orr :;icns head 

drefles ; fans ; dolls dreifed and undrefled ; 
toys ; buttons of every kind ; carpets and car- 
peting, mats and floor cloths ; fail cloth ; 
iheathing and cartridge paper ; all powders, 
paftes, balls, balfams, ointments, oils, waters, 
wafhes, tinctures, elfences, or other prep; 
tions or compsfitions commonly called fweet 
fcents, odors, perfumes or cofmetics : all denti- 
frice-powders, tinctures, preparations, or com- 
pofitions whatfoever for the teeth or gums, 
ten per centum ad valorem. 

Sec. 2. Provided always, and be it further Exemption 
enacted ', That all articles which are excepted |\^ 
and exempted from duty by the " act making a^ 
farther provifion for the payment of the debts 11Ucu 
of the United States," mail continue to be fo 
excepted and exempted, and that, to- the arti- 
cles heretofore made free from duty, the fol- 
lowing mail be added, namely, copper in pigs 
and bars, lapis calaminaris, unmanufactured 
wool, wood, fulphur. 

Sec. 3. And be it further enacted^ That from D ,, 
and after the lafl day of June next, in compu- lal - 
ting the duty heretofore laid upon fait, a bulhel . ' 
of fait mail be deemed not to exceed the weight 
of fifty fix pounds avoirdupois : and as often as 
the adual bufhel of fait fhall exceed the faid 



weight, fuch fult mall be charged iii the pro- 
portion of the prefent rate of duty per bir-hei 
for every fifty fix pounds of its actual weight. 
Sec. 4. And be it further emitted ^ That after 

t ^ ie ^ ^ ^ ^ J une next ' tjiere ^ ia ^ IDC 

laid, levied, and collected, in addition to the 
prefent duty thereupon, a duty of two and an 
half per centum ad valorem, upon all goods, 
wares and merchandizes, not above enumera- 
ted or defcribed, which, if imported in (hips or 
veflels of the United States, are now charge- 
able with a duty of five per centum ad valorem. 

Certain ad- Sec. 5 ^ n ^ be it further enattcd^ That the 
ditionaidu- addition of ten per centum made by the fe- 
cent.com!*- cond fection of the " act making farther pro- 
viiion for the debts of the United States," to 
the rates of duties on goods, wares and mer- 
chandize, imported in fliips or veiTels not of 
the United States, mail continue in full force 
and operation, after the faid lafl day of June 
next, in relation to the articles herein before 
enumerated and defcribed. 



6. And be it further enatted^ That all 
not already drawbacks and allowances authorized by thef- 
- a< ^ aforefaid, which have not been heretofore 
' abolifhed or changed, mall continue to operate,- 
as in the faid act prefcribed in relation to the 
feveral duties which (hall become payable by 
virtue of this act, and that in addition thereto, 
there fhali be allowed and paid upon provifions 
falted within the United States, except upon 
dried fiih, upon the exportation thereof to any 
foreign port or place, as follows, to wit : On 
jfdckled fiili, at the rate of eight cents per bar-* 
f el, and on other provifions at the rate of five 
Cents per barrel ; and from and after the firft \ 
day of January next, there mail be an addition* I 



E 7 






of t\ventv per centum to the allowances, re- duty od 

i n n~ t i J WltCd prO 1 

fpeftively granted to mips or veiieis employed vifu)n8 cx . 



m the bank or other cod-fifheries, and in the 
terms provided by an aft, intituled " An aft v ffeh>- 
concerning certain fifheries of the United States, ?$ 
and for the regulation and government of the r i cs . 
fifliermen employed therein," and during the 
continuance ofthefaid aft. 

Sec. 7. And be it further cnaftcd, That all 

t 11 i 11 i'ii drawbacks* 

duties, drawbacks and allowances, which, by & c . to a p- 
virtue of this aft, (hall be payable or allowable, pl u ^ it any 
on any fpecific quantity of goods, wares and q 
merchandize, mall be deemed to apply, in pro* 
portion, to any quantity more or lefs than fuch 
fpecific quantity. 

Sec. 8. And be it further cnafted, That the Terms of 
term of credit for the payment of duties on fait credit for , 

. J . . .. . payment ol 

mail be nine months, and on all articles* the duties. 
produce of the Weft-Indies, fait excepted, 
where the amount of the duty to be paid by 
one perfon or co-partnerfhip ihall exceed fifty 
dollars, (hall be four months, and that the du- 
ties on all other articles, except wines and teas, 
which fhall be imported after the laft day of 
June next, fhall be payable, one half in fix, 
one quarter in nine, and the other quarter in 
twelve calendar months from the time of each 
refpeftive importation. 

Sec. 9. And be it further enacled, That the 
aft intituled, " An aft to provide more cffec- 
tually for the collection of duties impofed by 



lawSon goods, wares and merchandize impor- foecJfied 
ted into the United States, and on the tonnage l 
of fliips and vefTels," and as touching the du- 
ties on diftilled fpirits only, the aft, intituled, 
" An aft repealing, after the laft day of June 
next, the duties heretofore laid upon diililled 
VOL. II. K 



t 74 1 

fpirits imported from abroad and laying othefS 
in their flead ; and alfo upon fpirits diflilled 
within the United States, and for appropria- 
ting the fame," mail extend to, and be in full 
force for the collection of the duties fpecified 
and laid in and by this aft, and generally for 
the execution thereof, as fully and effectually,* 
as if every regulation, reftriction, penalty, pro- 
vifion, claufe, matter and thing therein con- 
tained had been herein inferted and re-enacted. 

Wines im- Sec. io. And be it further enafled^ That all 
ported af- wines, which, after the faid lad day of Tune 

ter 3Oth n 11 i i i VT t /V 

June, how next, mall be imported into the United States, 
landed. fl^u fc e } anc | e i un <|er the care of the infpector 
of the port where the fame mall be landed, and 
for that purpofe, every permit for landing any 
wines, which mall be granted by a collector, 
{hall, prior to fuch landing, be produced to the 
faid infpector who, by endorfement thereupon 
under his hand, mall fignify the production 
thereof to him, and the time when, after which, 
and not otherwife, on pain of forfeiture, it fhall 
be lawful to land the laid wines. And the faid 

Duty of in- infpector fhall make an entry of all Inch per- 
fpeaor. . r , r , \ r i 

rnits, and or the contents thereof, and each 

pipe, butt, hogfhead, cafk, cafe, box or pack- 
age whatfoever, containing fuch wines, mall 
be marked by the officer under whofe imme- 
diate inflection the fame fhall be landed, in 
legible and durable characters, with progref- 
five numbers, the name of the faid officer, and 
the quality or kind of wine, as herein before 
enumerated and diftinguifhed. And the faid 
officer fhall grant a certificate for each fuch 
pipe, butt, hogfhead, cafk, cafe, box or pack- 
age, fpecifying therein the name or names of 
the importer or importers, the fhip or vefTel in 
which the fame fhall have been imported, and 



[ 75 1 

the number thereof, to accompany the fame. 
\vherefoever it fhall be fent. And if any pipe, 
butt, hogfhead, cafk, cafe, box or package, 
containing wine, mall be found without fuch 
marks and certificates, the fame fhall be liable 
to be feized, and the want of fuch marks and 
certificates fhall be prefumptive evidence, that 
fuch wine was unlawfully imported and landed. 

Sec. ii. And be it farther ena5lcd^ That p cr fons 
every perfon, who fhall have in his or her pof- Having cer- 

r r~ I i . ir r i tain QUan- 

fefnon, wines which are intended for fale, in t ity of 
quantity exceeding one hundred and fifty gal- ^j" e a 8 ft f r r 
Ions, fhall, prior to the faid laft day of June 30 th June 
next, make entry thereof in writing at forrue u r to 

. r o- ' i_ make entry 

omce or mipechon in the city, town, or coun- thereof,c. 
ty where he or fhe fhall refide, fpecifying and 
defcribing the cafks, cafes, boxes and other 
packages containing the fame, and the kinds, 
qualities and quantities thereof, and where, 
and in whofe poffeflion they are ; and the of- 
ficer of infpection at whofe office fuch entry 
may be made, fhall, as foon as may be there- 
after, vilit and infpecl, or caufe to be vifited 
and infpecled, the wines fo reported, and fhall 
mark, or caufe to be marked, the cafks, cafes, 
boxes and packages containing the fame, with 
progreilive numbers, with the name of the per- 
fon to whom the fame may belong, the kind 
or kinds thereof, and the words " Old Stock," 
and fhall grant a certificate for each cafk, cafe, 
box or package, containing fuch wine, defcri- 
bing therein the faid cafk, cafe, box or pack- 
age, and the wines therein contained, which 
certificate fiiall accompany the fame, wherever 
it may be fent. And if any perfon who may 
have v/ines in his or her poffeflion for fale, fhajl 
not, prior to the faid lad day of June next, 
make entry thereof, as above directed, he or 



C 76 3 

fhe, for fuch omiffion or negleft, fhall forfeit 
and pay the value of the wine omitted to be 
entered, to be recovered with cofts of fuit, for 
the benefit of any perfon who fhall give infor- 
mation thereof, and the wines fo omitted to be 
entered, fhall be forfeited. 
How beer. Sec. 12. And be it further cnaRcd^ That from 

*roughl'! and after the laft da Y of December next, no 
_ toy. states, beer, ale, or porter fhall be brought into the 
United States, from any foreign port or place, 
except in calks or veflels, the capacity whereof 
fhall not be Ids than forty gallons, or in pack- 
ages containing not lefs than fix dozen of bot- 
tles, on pain of forfeiture of the laid beer, ale 
or porter, and of the fhip or veilel, in which the 
fame mall be brought* 

Sec. 13. And be it further enacted, That the 
and re fp e ^ ve duties aforefaid, except 
how long that mentioned in the fourth fection of this act, 
j^ e d co1 - fhall continue to be levied, collected and paid, 
until the debts and purpofes, to and for which 
the duties, hereby directed to ceafe after the 
lail day of June next, were pledged and appro- 
priated, mall have been fully paid and fatisiied ; 
and that fo much thereof, as may be necefTary, 
ihall be, and are hereby pledged and appropri- 
ated, in the fame manner, for the lame purpo- 
fes, and with the fame force and effect, as 
thcfe, which are hereby directed to ceafe after 
the faid lafl day of June next, and that fo much 
of therefidue thereof, as may beneceliary, fhall 
be, and are hereby appropriated for making 
good deficiencies in any funds, which may have 
been defignated for fatisfying grants and ap- 
propriations heretofore made. 

Sec. 14. And be it further enacted \ That the 
additional duty of two and 'an half per centum 



D 77 1 

ad valorem, fpecified in the fourth feftion of l *_ 
this act, (hall continue for the term of two ,c m duties 
years, from the commencement thereof, and Jf^Siiu 
no longer. 

Sec. 15. And be it further ena ft ed^ That the A ppropri- 
fum of one hundred and fifty thoufand dollars, ^on of 

f i r- i .- i i i i j 'urBlus da- 

out of the furplus oi the duties, which accrued tic 
to the end of the year one thoufand feven hun- 
dred and ninety one, and a farther fuin of five 
hundred and twenty- three thouiand five hun- 
dred dollars, out of the furplus of the duties 
hereby eflabliihed as the fame Ihrdl accrue, 
making together the fum of fix hundred and 
ieventy- three thoufand five hundred dollars, 
lliall be, and are hereby appropriated and ap- 
plied, in addition to any former appropriation 
for the military eftablifhment of the United 
States, towards carrying into execution the act, 
intituled, " An act for making farther and 
more effectual provifion for the protection of 
the frontiers of the United States." 



Sec. 1 6. And be it further enacted. That the 
Frefident of the United States be empower- "o tie on 
ed to take on loan, on account of the United ioan from 
States, from the prefidcnt, directors and com- & c . 2C e^ 
pany of the bank of the United States, who are tain flim * 
hereby authorized and empowered to lend the 
lame, from any other body politic or corporate 
within the United States, or from any other 
perfon or perfons, the whole or any part of the 
aforefaid fum of five hundr-j .1 ai d twenty-three 
thoufand five hundred dollars, to be applied 
to the purpofe, to and for which the fame is 
above appropriated, and to be \\ . .'d out 
of the aforefaid furplus of the dur his 

act impofed, which i; ;"' \ . ?v. a]> 

propri^itcd to the laid reiiftburfementv f 



That the rate of inter eft of fuch loans (halt 
not exceed five per centum per annum, and 
that the principal thereof may be reimburfed 
at the pleafure of the United States. 

Rate of n- ' Sec. * 7- And be it further enacted, That fo 
muc ^ ^ t ^ le a< ^> intituled " An act to provide 
ai- more effectually for the collection of duties 
impofed by law on goods, wares and merchan- 
dize imported into the United States, and on 
the tonnage of mips or veffels," as hath rated 
the livre tournois of France at eighteen and 
an half cents, be and the fame is hereby re- 
pealed. 

Mode of Sec. 1 8. And be it enafted and declared, That 
procedure if the principal, in any bond which mail be 
infoivency given to the United States, for duties on goods, 
ofprincipai wares, and merchandize imported, mail be in- 
&c. n S ' folvent, or if fuch principal being dead, his or 
her eflate and effects, which mail have come 
to the hands of his or her executors or admi- 
niftrators, mail be infuilicient for the payment 
of his or her debts, and if, in either of the faid 
cafes, any furety in the faid bond, or the ex- 
ecutors and adminiurators of fuch furety, mall 
pay to the United States the monies thereupon 
due, fuch furety, his or her executors or ad- 
miniftrators fhall have and enjoy the like ad- 
vantage, priority and preference, for the reco- 
very and receipt of the faid monies out of the 
eflate and effects of fuch infolvent or cleceafed 
principal, as arc referved and fecured to the 
United States, by the forty fourth fection of 
the act, intituled " An act to provide more 
effectually for the collection of duties " iinpo- 
" fed by lav/ en goods, wares, and merchan- 
" dize imported into the United States, and en 
" the tonnage of fhips or veffels," and fhall 



C 79 3 

and may bring and maintain a fiut upon the 
faid bond, in law or equity, in his, her or their 
own name or names, for the recovery of the 
monies which mall have been paid thereupon. 
And it is further declared^ That the cafes of 
infolvency in the faid forty fourth feftion men- 
tioned, mail be deemed to extend, as well to 
cafes in which a debtor, not having fufficient 
property to pay all his or her debts, mall have 
made a voluntary alignment thereof, for the 
benefit of his or her creditors, or in which the 
eflate and effefts of an abfconding, concealed 
or abfent debtor mail have been attached by 
procefs of law, as to cales, in which an aft of 
legal bankruptcy mail have been committed. 

Sec. 19. And be it further enafted, That the 
Prefident of the United States be, and hereby to appoint 
is authorized to appoint fuch place within the P ort ^ n ~ 

TH -o PTT T T r . try auddc- 

diitrict er Vermont to be the port of entry and livery in 
delivery within the faid diftrift, as he may deem Vcrmont ~ 
expedient, any thing in the aft, intituled " An 
aft giving effeft to the laws of the United States 
within the flate of Vermont," to the contrary 
notwithftanding. 

JONATHAN TRUMBULL, Speaker 
of the Houfe of Rcprefcntati-ves. 

RICHARD HENRY LEE, Prefident pro 
tempore of the Semite. 

APPROVED, May fecond, 1792 : 

GEORGE WASHINGTON, 

Prefident of the United States. 



C so ] 

CHAPTER XXVIII. 

An Ad to provide for caJihrg forth the Militia 
to txecute the Laws of the Union, fupprefs 
Infurreclions and repel Invqfuns. 

(REPEALED*} 



CHAPTER XXIX. 

An Att for the Relief of Perfons imprifoned 

for Debt. 

(EXPIRED.} 



CHAPTER XXX. 

An Acl authorizing the Grant and Conveyance of 
certain Lands to John Clevcs Synuncs, and his 
Ajjociates. 



Sec. 



i. 



E it enacled by the Senate and 
Hoitfe of Reprefentati'ves of the 
Prefidcnt United States of America in Congrefs ajjembled, 

That the Pre ^ ident ^ the United States be 
and he hereby is authorized and empowered 
number of to ifi ue letters patent in the name aad under 

acres to J. . r , r T x . . 

the leal ot the United States, thereoy granting 
anc i conveviiiff to John Cleves Svmmes and 

. . . - " . J . . . . -. 

his aiiociates, and to their heirs and anigns, in 
fee fimple, fuch number of acres of land as the 
payments already made by the faid John Cleves 
Syinmes, his agents or aiTociates, under their 
contract of the fifteenth day of October one 
thouiand fcven hundred and eighty eight, \viil 
pay for, efdmating the lands ar two thirds of 



on certan 



[ 8i ] 

a dollar per acre, and making the rcfervations 
fpecified in the faid contract. 

Sec. 2. And be it further enafted, That the To s nt 
Prefident be and he hereby is further authori- l 
zed and empowered, by letters patent as afore- 
faid, to grant and convey to the faid John 
Cleves Symmes and his aflbciates, and to their 
heirs and afligns in fee fimple, one other tract 
of one hundred and fix thoufand eight hun- 
dred and fifty feven acres, with the refcrva- 
tions as aforefaid : Provided, That the faid 
John Cleves Symmes, or his agents or affoci- 
ates, or any of them, (hall deliver to the Se- 
cretary of the Treafury, within fix months, 
warrants which iffued for army bounty rights 
fufficient for that purpofe, according to the 
provifion of the refolves of Congrefs of the 
twenty third of July, and fecond of October, 
one thoufand feven hundred and eighty feven ; 
but in cafe, fo many warrants mould not be 
delivered, then the letters patent laft aforefaid 
to be given for fuch number of acres, as (hall 
be in proportion to the warrants fo delivered. 

Sec. 3. And be it further enafted, That the one town- 
Prefident be and he is hereby authorized and j^f'" 
empowered, by letters patent as aforefaid, to minifies ot 
grant and convey unto the faid John Cleves Iearnin 2- 
Symmes and his aifo dates, their heirs and af- 
figns, in truft for the purpofe of eftablifliing 
an academy and other public fchools and fe- 
minaries of learning, one compleat townfhip, 
conformably to an order of Congrefs of the 
fecond of October, one thoufand feven hun- 
dred and eighty-feven, made in confcquence of 
the application of the faid John Cleves Symmes, 
for the purchafe of the tract aforefaid. 

Sec. 4. And be it further enacted, That the 
fever al quantities of land, to be granted and 

VOL. II. L 



: 82 ] 

Tke lands conveyed as aforefaid, fhall be included and 
to be loca- located within fuch limits and lines of boun- 

ud agreta- , . . . 

able to a dary, as the Prefident may judge expedient, 

Jormcr a& agreeably to an acl palled the twelfth day of 

April, one thoufand feven hundred and ninety 

two, " for afcertaining the bounds of a tracl 

of land purchafed by John Cleves' Symmes." 

JONATHAN TRUMBULL, Speaker 

of the Houfe of Reprefentatives. 
RICHARD HENRY LEE, Prefident pro 

tempore of the Senate. 
APPROVED, May fifth, 1792 : 

GEORGE WASHINGTON, 
Prefident of the United States. 



CHAPTER XXXI. 

An Aft to alter the 'Time for the next annual 
Meeting of Cofjgrejs. 

(EXPIRED.) 



CHAPTER XXXII. 

An Aft concerning the Duties on Spirits diftilled 
within the United States. 

Sec. i . |3 E // enacled by the Senate and 
Former du JD Houfe of Reprefentatives of the 

ties after United States of America, in Congrefs ajfembled y 
uae to* ^^ at f rom an d after the laft day of June next, 
e, and the prefent duties upon fpirits diftilled within 



C 3 3 ] 

the United States, and on dills, fhall ceafe, and 
that in lieu thereof, upon all fpirits which af- 
ter the faid day fhall be diflilled within the 
United States wholly or in part from molafles, 
fugar or other foreign materials, there mail be 
paid the duties following, that is to fay : 

For every gallon of thofe fpirits of the firft other du- 
clafs of proof, ten cents ; for every gallon of p^Vupon 
thofe fpirits of the fecond clafs of proof, eleven fpi"t* <^ 

r 11 r i r r r i tilled from 

cents ; for every gallon or thole ipints or the fore ; ga ma . 
third clafs of proof, twelve cents ; for every tcmis. 
gallon of thofe fpirits of the fourth clafs of 
proof, fourteen cents ; for every gallon of 
thofe fpirits of the fifth clafs of proof, eighteen 
cents ; for every gallon of thofe fpirits of the 
fixth clafs of proof, twenty five cents. And 
upon all fpirits which after the faid day fhall 
be diililled within the United States from ma- 
terials of the growth or produce of the United 
States, in any city, town or village, at any 
diftillery at which there fhall be one or more 
flills which fingly or together fhall be of the 
capacity of four hundred gallons or upwards, 
there fhall be paid the duties following, that 
is to fay ; 

For every gallon of thofe fpirits of the firft on fpirits 

i r r r r r 11 r difh'kd oi 

clals or proof, leven cents ; for every gallon of t h e materi 
thofe fpirits of the fecond clafs of proof, eight a ' s of the 

r n r T r r r i U. ?*tat. 

cents ; for every gallon of thofe Ipints of the 
third clafs of proof, nine cents; for every gallon 
of thofe fpirits of the fourth clafs of proof, 
eleven cents ; for every gallon of thofe fpirits 
of the fifth clafs of proof, thirteen cents ; for 
every gallon of thofe fpirits of the fixth clafs 
of proof, eighteen cents. And upon flills which 
after the faid clay fhall be employed in diftil- 
ling fpirits from materials of the growth or 
produce of the United States, at any other 



[ 4 ] 

place than a city, town or village, or at any dif- 
tillery in a city, town or village at which there 
(hall be one or more (tills, which fingly if only 
one, or together if more than one, (hall be of 
lefs capacity than four hundred gallons, there 
(hall be paid the yearly duty of fifty four cents 
for every gallon Engiifh wine meafure of the 
capacity or content of each and every fuch 
(till including the head thereof: Provided^ 
how paid. That it (hall be at the option of the proprie- 
tor or poffeflbr of any fuch (till, inftead of the 
faid yearly duty, either to pay feven cents for 
every gallon of fpirits by him or her diftilled, 
or to pay at the rate of ten cents per gallon 
of the capacity for each and every month of 
Owners in the employment of any fuch (till ; and in cafe 
&c a how c to the faid proprietor or poffeflbr (hall cleft to 
make entry pay either the faid rate of feven cents per gal- 
[lls ' &c - Ion, of the fpirits by him or her diftilled, or 
the faid monthly rate of ten cents, according 
to the capacity of his or her (till or (tills, he 
or (he at the time of making entry of his or 
her (till or (tills in manner herein after direc- 
ted, (hall by writing under his or her hand, 

and to ob- -, r , J cr r r o i r i 

tdn licence *ctt at the omce or inlpection where fuch en- 
for work- try (hall be made, notify the faid election, and 

ing them. r i r n 11 i i r i 11 

it the lame (hall be to pay the faid monthly 
rate of ten cents, (hall demand a licence for 
the term of time, fpecifying the day of com- 
mencing and the day of ending, during which 
he or (he (hall intend to work his or her (till 
or (tills, which licence (hall without delay or 
expenfeto the faid proprietor or pofleflbr be 
granted, and (hall be figned by the fupervifors 
of the revenue and counter figned by the of- 
ficer at whofe office application for the fame 
fhall have been made. And in the cafe of an 
election to pay the faid monthly rate of ten 



C 3 5 ] 

cents, it fhall not be lawful for any perfon by 
whom the fame mail have been made, to work 
his or her flill or ftills;, at any time, within 
the year from the date of his or her entry 
thereof, other than that for which a licence 
mail have been granted, unlefs he or fhe mail 
have previoufly obtained another licence for 
fuch further time, which upon like application, 
fhall, and may be granted, in like manner; and 
if any fuch perfon fhall work his or her flill 
or flills, contrary to the direction or provifi- 
on aforefaid, he or fhe fhall forfeit and pay for Penalty for 
every fuch offence, two hundred dollars. And jSbwifL 
in every cafe in which any proprietor or pof- out licence, 
feflbr of a ftill or ftills fubjecl: to the payment 
of duty according to the capacity of fuch ftill 
or flills, fhall not make election to pay accor- 
ding to one or the other of the alternatives 
aforefaid ; or fhall not duly comply therewith, 
he or flie fhall be liable to pay, and fhall pay 
the faid yearly rate of fifty four cents for every 
gallon of the capacity or capacities of his or 
her flill or flills. 

Sec. 2. And be it further enaEled^ That there office of in- 
be in each county comprehended within any fpcaion in 
diftria, at leafl one office of infpedion, at ^^' 
which every perfon having or keeping a ftill try of finis, 
or flills within fuch county, fhall between the &c * 
lafl day of May, and the firft day of July in 
each year, make entry of fuch flill or flills ; 
and at which every perfon, who being a refi- 
dent within the county fhall procure a ftill or 
ftills, or who removing within a county, fhall 
bring therein a ftill or flills, mall within thirty 
days after fuch procuring or removal, and be- 
fore he or fhe fhall begin to ufe fuch ftill or 
ftills, make entry thereof. And every entry 
befides defcribing each ftill and the capacity 



c 86 : 

thereof, fhall fpecify the place where, and the 
perfon in whofe pofleflion it is, and the pur- 
pofe for which it is intended, as whether for 
fale or life in di (tilling ; and in the cafe of re- 
moval, ihall fpecify the place from which eve- 
ry fuch flill ihall have been brought. 
Proprietors Sec. 3. And be it further enaSfd^ That 
fbtefoTdul evel 7 proprietor and pofleffor of a ftill fhall 
ty on fij.iis. be jointly and feverally liable for the duty 
thereupon ; and that every owner of land, 
upon which any flill fhall be worked, fhall be 
liable for the duty thereupon, unlefs the fame 
fhall be worked by a lawful and bona fide te- 
nant of the land of an eflate, not lefs than for 
the term of one year, or unlefs fuch owner 
can make it appear, that the poflefibr of, or 
perfon by whom fuch ftill mail have been 
worked, was during the whole time of work- 
ing the fame, a trefpafler or intruder on his 
land. 

officers to Sec. 4. And be it further enafted. That eve- 
j^ i r m ~ ry officer of infpeclion within whofe furvey any 
d P iftiiiTry of diftillery of geneva or fweet cordials, fubject 

to the P a y ment of dut y b y the g allon of the 

fpirits diililled thereon may be, fhall forbear 
to vifit or infpecl for a fpace not exceeding 
two hours in each day, fuch part of the faid 
diftillery as he may be required by the propri- 
etor, pofleflbr or manager of fuch diftillery to 
forbear to vifit and infpect, for which purpofe 
on written it fhall be neceflary for the faid proprietor, pof- 
feflbr or manager, to give notice in writing to 
the faid officer, defcribing therein particularly 
the part of fuch diftillery, which it fhall be his 
. defire that the faid officer may forbear to vi- 
fit and infpeft, and fpecifying the time of each 
day for which fuch forbearance fhall be de* 
fired. 



Sec. 5. And be it further cnafled, That it sec'yofthe 
fliall be in the difcretion of the Secretary of treafury to 
the Treafury, to regulate as well the marks, to ^arkfup- 
be fet upon the cafks, veflels and packages con- n Ciflts > 
taining diftilled fpirits, as the forms of the 
certificates which are to accompany the fame, 
and that when any caik or veffel in which dif- 
tilled fpirits have been contained, (hall have 
been emptied of its contents, it flrall be 
lawful for the marks thereupon to be effaced 
by, or in the prefence of an officer of infpec- 
tion, and if the faid caik or veifel mail after- 
wards be ufed for putting therein other fpirits, 
the fame may be marked anew. 

Sec. 6. And be it further enaffed. That in- Notice to 
(lead of a notice of twenty-four hours hereto- j^s 1 ^" 

r i i ^ r i i r obt am- 

rore required to be given or the intent to ex- ing draw- 
port diftilled fpirits in order to the benefit of J^^ 
the drawback of the duties thereupon, fix hours ported, 
fliall be fufficient. 

Sec. 7. And be it further enafted, That there Abatement 
be an abatement for leakage at the rate of two forlc a ka g e 
per cent, in every cafe in which the duty mail 
be payable by the gallon of the fpirits diftilled, 
to be allowed at the diflillery where fuch fpi- 
rits mail be made. 

Sec. 8. And be it further enatted^ That the Dutyof of _ 
officer of infpelion within whofe furvey any fleers of in- 
ftill fliall be, the duty whereupon is payable 
according to the capacity of the ftill, mall 
identify by progreffive numbers and other pro- 
per marks, every fuch ftill within his furvey, 
and the duty thereupon mall operate as a fpe^ 
cific lien upon the faid ftill. 

Sec. 9. And be it further enacled^ That eve- 
ry difliller of, and dealer in fpirits, who may 
have in his or her poffefiicn, diftilled fpirits 



[ 88 ] 

not marked or certified, purfuant to the act, 
&c.off P i- intituled, " An ad repealing after the laft day 

rits, when _ t \ t r i i 

to report or June next, the duties heretofore laid upon 
the q" anti - diftilled fpirits imported from abroad, and lay- 

ty on hand;, r m V J 

ing others in their itead, and alfo upon fpirits 
diftilled within the United States, and for ap- 
propriating the fame," mall prior to the lad 
day of September next, report the fpirits in 
his or her poffeffion, in writing at fome office 
of infpeclion, to the end that fuch fpirits may 
cafes not ^ e mar ked an( ^ certified as old flock. And 
marked ac- that from and after the faid laft day of Sep- 
kwf liable tember next, calks and veffels of the capacity 
to leizure, of twenty gallons and upwards, containing 
&c * diftilled fpirits, which mall be found in the 
poffeffion of any diftiller or dealer in fpirits, 
except at a diftillery where the fame were 
made, or in going from one place to another, 
without being marked according to law, or 
xvithout having a certificate from fome pro- 
per officer, mail be liable to feizure and for- 
feiture, and that it (hall be the duty of the fe- 
veral officers of infpeclion, upon requeft of 
an y dealer or diftiller to take meafures for the 
mark cafes, marking of cafks, veffels and packages con- 
taining diftilled fpirits, and to furnifh fuch 
dealer or diftiller, free from expenfe, with cer- 
tificates to accompany the fame ; Provided, 
That it mail not be incumbent upon any fuch 
officer to mark or certify any cafk, veffel or 
package which ought to have been before 
marked or certified according to any law of 
the United States. 

pnU79S, Sec. 10. And be it further enatted, That 
|P'^ S , to . from and after the laft day of April, one thou- 
t'o a states fand feven hundred and ninety-three, no dif- 
1 o ca a ^ n f tilled fpirits, except arrack and fweet cordials, 
Sf c 5* '*' (hall be brought into the United States from 



on 



C 8 9 ] 

any foreign port or place, except in cafks of 
vefiels of the capacity of ninety gallons and 
upwards. 

A Sec. ii. And be It further eiiafted, Tjiat no 
drawback of the duty on diftilled fpirits which 
{hall be exported after the laft day of June allowed 
next, (hall be allowed upon any quantity lefs 
than one hundred gallons. 

Sec. 1 2. And be It further enaclcd, That a.f- After 
ter the laft day of June next, no diflilled fpi- next how 
rits fliall be brought into the United States, belmpor- 
from any foreign port or place, in any calk or ted. 
veflel, which (hall have been marked purfuaitt 
to any law of the United States concerning 
diftilled fpirits, on pain of forfeiture of the fpi- 
rits fo brought, and of the (hip or veffel in 
which they fliall be brought. 

Sec. 13. And be it further enabled, That if Pcnah . r 
the owner or poflefTor of any (till or (tills fhall 
neglect to make entry thereof, within the time 5 
and in the manner prefcribed by the fecond 
fection of this ad, fuch owner or pofleflfor {hall 
forfeit and pay the funl of two hundred and 
fifty dollars ; and if any diftilled fpirits, except 
arrack and fweet cordials, mail, after the laft 
day of April next, be brought into the United Certain 
States in calks or veffels of lefs capacity than fpiriis im- 
ninety gallons, all fuch fpirits, and the calks ^/Jo for-" 
and veflels containing the fame, fliall be fub- future -. 
ject to feizure and forfeiture, and every fuch 
penalty or forfeiture mall be one half to the 
ufe of the United States, and the other half 
to the ufe of the perfon who fliall firft difco- 
ver and make known the matter or thing 
whereby the fame fliall have been incurred. 

Sec. 14. And be it further entitled, and de- 
clared, That the duties hereby laid mail con- 
tinue in force, for the fame time, and are 
VOL. II. M 



[ 90 ] 

N 

cominua- hereby pledged and appropriated to and for 
tic.n of du- the fame purpofes, as thofe, in lieu of which 
fereta,. for tne y are laid, and purfuant to the act, intitied, 
what pur- A n act repealing after the hi! day of June 
next, the duties heretofore laid upon diitilled 
fpirits imported from abroad, and laying 
others in their (lead, and alfo upon fpirits di-f- 
tilled within the United States, and for ap- 
propriating the fame." 

Sec. 15. And he It further enacted^ That to 
make good any deficiency which may happen 
made ooti, in conlbquence of the reduction hereby made 
oL P cer U(it ' m tne rates ^ t ^ le duties on fpirits diftilled 
tain att. within the United States, and on (tills, fo much 
of the product of the duties laid by the aft in- 
titled, cc An a- ft for railing a farther furn of 
money for the protection of the frontiers, and 
for other purpofes therein mentioned," as may 
be necefiary, mall be and is hereby pledged 
and appropriated to the fame pur poles, to and 
for which the duties, hereby reduced, -were 
pledged and appropriated. 

Allowance Sec. 1 6. And be it further eri&clcd^ That the 
Prefident of the United States be authorized 
to make fuch allowances for their refpective 
fer vices to the fupervifors, infpectors, and other 
officers of infpection, as he ihall deem reafona- 
blc and proper, fo as the faid allowances, to- 
gether with the incidental expenfes of coJiecl:- 
ing the duties on fpirits diitilled within the 
United States, mall not exceed feven and an 
half per centum of the total produft of the 
duties on diitilled fpirits, for the period to 
which the faid allowances '(hall relate, comput- 
ing from the time the ad intitled " An aft 
repealing after the lait day of Jun*e next, the 
duties heretofore laid upon diftilled fpirits im- 
ported frcm 'cibrcadj arid laying others in 



C 91 ] 

ihe'r (lead, and alfo upon fpirits diftilled with- 
in the United States, and for appropriating the 
i : m j, took eflecl : Ami t //>, That fuch 

allowance ihall not exceed the annual amount 
of ieventy thoufand dollars, ujuil'lhe fame 
f: a 1 ! be further alcertained by i. 

Sec. 17. And be it further cxatfcdyThzt the certain aa 
ad intirlcd, " An ad repealing after the laft force for 

r j i r i j 

day of June next, the duties heretofore laid 
upon dilUlled ipirits imported from abroad 
and layiiiT; others in their fteacL, and alfo upon 
ipirits diiiilled within the United States, and 
for appropriuting the fame,' 3 1hz ill extend to 
and be in full force for the collection of the fe- 
vcral duties herein before mentioned, and for 
the recovery and diftribution of the penalties 
and forfeitures herein contained, and generally 
for the execution of this aft, as fully and ef- 
fecrually as if every regulation, reitri&ion, pen- 
alty, provifion, clauie, matier and thing therein 
contained were infer ted in and re-enacted by 
this prefent ad, fubjecc only to the alterations 
hereby made. 

JONATHAN TRUMBULL, Speaker 

of the Houfe of Rcprefentati-vcs. 
RICHARD HENRY LEE, Preftdent pro 

tempQre of the Senate, 
APPROVED, May eighth, 1792 : 

GEORGE WASHINGTON, 

Prrfident of the United States. 



[ 9? ] 
CHAPTER XXXIII. 

An Act more tffeffually to pro-vide for the National 
Defence^ by ejlablifoing an Uniform Militia 
throughout the United States. 

Seel. i.lO> E /'/ enacted by the Senate and Houfe 
Militia jjj) of Representatives of the United 

thom n tobc States of America, in Congrefs a/embled, That 
carolled, each and every free able-bodied white male- 
citizen of the re/pe&ive dates, refident there- 
in, who is or ihall be of the age of eighteen 
years, and under the age of forty-five years, 
(except as is herein after excepted) mall feve- 
rally and refpeclively be enrolled in the mili- 
tia by the captain or commanding officer of 
the company, within whofe bounds fuch citizen 
fhall refide, and that within twelve months 
after the pafling of this aft. And it fhall at 
all times hereafter be the duty of every fuch 
captain or commanding officer of a company 
to enrol every fuch citizen, as aforefaid, and 
alfo thofe who fhall, from time to time, arrive 
at the age of eighteen years, or being of the 
age of eighteen years and under the age of 
forty- five years (except as before excepted) 
fhall come to refide within his bounds ; and 
fhall without delay notify fuch citizen of the faid 
enrollment, by a proper non-commiffioned of- 
ficer of the company, by whom fuch notice 
may be proved. That every citizen fo enrolled 
and notified, fiiall within fix months thereafter, 
to be provide himfelf with a good rnufket or fire- 
loc1 ^ a Efficient bayonet and belt, two fpare 
flints, and a knapfack, a pouch with a box there- 
in to contain not lefs than twenty four car- 
tridges, fuited to the bore of his mulket or fire- 
lock, each cartridge to contain a proper quan- 
|ity of powder and bull ; or with a good rifle 3 



C 93 ] 

knapfaek, fliot-pouch and powder-horn, twen- 
ty balls fuited to the bore of his rifle, and a 
quarter of a pound of powder ; and (hall ap- 
pear, fo armed, accoutred and provided, when 
called out to exercife, or into fervice, except, 
that when called out on company-days to ex- 
ercife only, he may appear without a knapfeck. 
That the commilfioned officers (hall feverally 
be armed with a fword or hanger and efpon- 
toon, and that from and after five years from 
the palling of this act, all mufquets for arming 
the militia as herein required, {hall be of bores 
fufficient for balls of the eighteenth part of a 
pound. And every citizen fo enrolled and pro- 
viding himfelf with the arms, ammunition and 
accoutrements required, as aforefaid, mail hold 
the fame exempted from all fuits, diftreffe?, 
executions or fales, for debt cr for the payment 
of taxes. 

Seel. 2. And be it further enabled. That the 
Vice-Preildent of the United States; the of- 
fleers, judicial and executive of the govern- 
ment of the United States ; the members of 
both houfes of Congrefs, and their refpeclive 
officers ; all cuftom-houfe officers with their 
clerks ; all poft- officers, and llage-d rivers, 
who are employed in the care and conveyance 
of the mail of the poll- office of the United 
States ; all ferrymen employed at any ferry on 
the pod-road ; all infpecr.ors of exports ; all 
pilots ; all mariners actually employed in the 
fea-fervice of any citizen or merchant within 
the United States ; and all perfons who now 
are or may hereafter be exempted by the laws 
of the refpeclive ftates, mail be, and are here- 
by exempted from militia duty, notwith- 
flanding their being above the age of eighteen, 
and under the age of forty- five years. 



[ 94 ] 
MiHtia Sed. 3. 'And bs it further enabled, That 

ho\v to be . , . ^ r i n- c i ^ 

arranged, witftHi one year after the palling or this aft^ 
and the militia of the refpe&ive f rates fhall be ar- 

ranged into divifions, brigades, regiments, bat- 
tallions and companies, as the legiflature of 
each ftate fhall direct ; and each division, brir 
gade and regiment, mall be numbered at the 
formation thereof; and a record made of fuch 
numbers in the adjutant-general's oilice in the 
il:ate ; and when in the field, or in fcrvice in 
the ftate, each divifion, brigade.; and regiment 
ihall, refpe&ively, take rank according to their 
numbers, reckoning the iirfl or lowefl num- 
ber higheft in rank. That if the fame be con* 
yenient, each brigade mail confiil of four re- 
giments ; each regiment of two battallions ; 
each battallion of five companies ; each com- 
?>v whrm pany of fixty-four privates. That the faid mili- 
tia flia}1 be O ffi cere( i b y t i le re fp c aive ftates, as 

follows : To each divifion, one major-general 
and two aids-de-camp, with the rank of major ; 
to each brigade, one brigadier-general, with 
one brigade-infpector, to ierve alfo as brigade- 
major, with the rank of a major ; to each re- 
.giment, one lieutenant-colonel commandant ; 
and to each battallion one major ; to each 
company one captain, one lieutenant, one en- 
fign, four fcrjearits, four corporals, one drum- 
mer and one fifer or bugler. That there fhall 
be a regimental frafF, to confifl of one adjutant 
and one quarter- mailer, to rank as lieutenants ; 
one pay- mailer, one furgeon, and one furgeon's 
mate ; one ferjeant-rnajor ; one drum-major, 
and one fife-major. 

Sec. 4. And be it further enacted , That out 
of the militia enrolled, as is herein direded, 
there fhall be formed for each battallion at 
Icaft one company of grenadiers, light infantry 



[ 95 ] 

or riflemen ; and that to each divifion, there Each bat- 
fhall be at lead one company of artillery, and ha'-e"";^ 
one troop of horfe : there fliall be to each company of 
company of artillery, one captain, two lieute- 1^"'^' 
nants, four ferjeants, four corporals, fix gun- onecompi- 

r i -I v ' i j v of artil- 

ncrs, fix bombardiers, one drummer and one k : ry 
fifer. The officers to be armed with a fword offices 
or hanger, a fufee, bayonet and belt, with a how ^ be 
cartridge-box to contain twelve cartridges ; 
and each private or matrofs {hall furnifli him- 
felf with all the equipments of a private in the 
infantry, until proper ordinance and field ar- 
tillery is provided. There fliall be to each _ 

J r \ - . ,. Troops ot 

troop of horfe, one captain, two lieutenants, h^-O: imv- 
one cornet, four ferjeants, four corporals, one ^ - fcri ' l! 
faddler, one farrier, and one trumpeter. The " 
commiirioncd officers to furnilh themfelves 
with good horfes, of at lead fourteen hands 
and an half high, and to be armed with a 
fword, and pair of pidols, the holders of 
which to be covered with bearfldn caps. Each 
dragoon to furnifh himfelf with a ferviceable 
horfe, at lead fourteen hands and an half high, 
a good faddle, bridle, mail-pillion and valife, 
holders, and a bread-plate an;i crupper, a 
pair of boots and fpurs, a pair o' pidols, a fa- 
bre, and a cartouch-box, to contain twelve 
cartridges for pidols. That each company of 
artillery and troop of horfe (hall be formed of ^ 
volunteers from the brigade, at the difcretion whom tot,. 
of the commander in chief of the date, not formed J 
exceeding one company of each to a regiment, to bc uni . 
nor more in number than one eleventh part formiy cia* 
of the infantry, and mail be uniformly cloathed el'^/' 3 
in regimentals, to be furnifhed at their o\vu 
expenfe ; the colour and fafhion to be deter- 
mined by the brigadier coramanding the brv- 
gade to which they belong. 



[ 96 ] 

what co- Sec. 5. And be it further enacted, That each 
te^&c. bsttallion and regiment (hall he provided with 
wUoJuobe the (late and regimental colours by the field 
turuiiiicd. officers, and each company with a drum and 
fife or bugle-horn, by the commifiioned offi- 
cers of the company in fuch manner as the 
legiflature of the refpective dates (hall direct* 
Sec. 6. And be it further tnafted, That 

Adjutant- . J , 

general in there lhall be an adjutant-general appointed 

s d ltc in each ftate > whofe dut y it: fta11 bc to di(tri " 

bute all orders from the commander in chief 
of the (late to the feveral corps ; to attend all 
public reviews when the commander in chief 
of the (late fliall review the militia, or any 
part thereof ; to obey all orders from him re- 
lative to carrying into execution and perfec- 
ting the fyftem of military difcipline eftabiiih- 
ed by this aft ; to furnifh blank forms of dif- 
ferent returns that may be required, and to 
explain the principles on which they mould 
be made ; to receive from the feveral officers 
of the different corps throughout the ftate, 
returns of the militia under their command, 
reporting the actual fituation of their arms, 
accoutrements arid ammunition, their delin- 
quencies and every other thing which relates 
to the general advancement of good order and 
difcipline : All which the feveral officers of 
the divifions, brigades, regiments and battal- 
lions, are hereby required to make in the ufu- 
al manner, fo that the faid adjutant-general 
may be duly furnifhed therewith : From all 
which returns, he mail make proper abstracts, 
and lay the fame annually before the com- 
mander in chief of the ftate. 

Rules of Sec. 7. And be it further enaded. That the 
. g rules of difcipline, approved and eftablifhed 
by Congrefs in tfyeir refolution, of the twen* 



r 57 i 

ty-irinth of March, one thoufand feven hun- 
dred and feventy-nine, mall be the rules of 
difcipline to be obferved by the militia through* 
-out the United States, except fuch deviations 
from the faid rules as may be rendered necef- 
fary by the requifitions of this act, or by fome 
other unavoidable circumflances. It (hall be 
the duty of the commanding officer at every 
mufter, whether by battallion, regiment or 
fingle company, to caufe the militia to be ex- 
ercifed and trained agreeably to the faid rules 
of difcipline. 

Sec. 8. And be it further enafted, That all officers 
commiflioned officers (hall take rank accord- ^ otaSfi 
ing to the date of their commiffions ; and when 
two of the fame grade bear an equal date, then 
their rank to be determined by lot, to be drawn 
by them before the commanding officer of the 
brigade, regiment, battallion, company or de- 
tachment. 

Sec. 9. And be it further enaEled^ That if provifion 
any perfon, whether officer or foldier, belong- in cafe of 

11 i wounds, 

ing to the militia or any itate, and called out & c . 
into the fervice of the United States, be woun- 
ded or diiabled while in actual fervice, he mail 
be taken care of and provided for at the pub- 
lic expenfe. 

Sec. 10. 'And belt further enabled. That it 
{hall be the duty of the brigade infpedor, to 
attend the regimental and battallion meetings 
of the militia compofmg their feveral brigades, 
during the time of their being under arms, to 
inipeft their arms, ammunition and accoutre- 
ments ; fuperintend their exercife and ma- 
noeuvres, and introduce the fyftern of milita- 
ry difcipline before defcribed throughout the 
brigade, agreeable to law, and fuch orders as 
they hall, from time to time, receive from the 

VOL. II. N 



t 98 ] 

Commander in chief of the ftate ; to make re- 
turns to the adjutant-general of the ftate, at 
e in- leaft once in every year^ of the militia of the 
brigade to which he belongs, reporting there- 
in the aclual fituation of the arms, accoutre- 
ments and ammunition of the feveral corps, 
and every other thing which, in his judgment, 
may relate to their government and the gene- 
ral advancement of good order and military 
difcipline; and the adjutant-general mail make 
a return of all the militia of the ftate, to the 
commander in chief of the faid ftate, and a 
duplicate of the fame to the Prefident of the 
United States. 

"&C* 1 now* ^ nc ^ wnereas fuftdry corps of artillery, ca- 
xifting, valry and infantry, now exift in feveral of the 
faid ftates, which by the laws, cuftoms or ufages 
thereof have not been incorporated with, or 
fubjecl: to the general regulations of the mi- 
litia : 

Sec. ii. Be it further enabled, That fuch 
to rctam COT p S retain their accuftomed privileges, fub- 

thc:r pn- . r i . i 

ject, neverthelefs, to all other duties required 
by this aft in like manner with the other mi- 
litia. 

JONATHAN TRUMBULL, Speaker 
of the Hottfe of Reprefentathes. 

RICHARD HENRY LEE, PreftJentprt 

tempore of the Senate. 

APPROVED, May eighth, 1792 : 

GEORGE WASHINGTON, 

Prefident of the United States, 



[ 99 3 
CHAPTER XXXIV. 

An Aci relative to the Compenfations to certain 
Officers employed in the Collection of the Duties 
ef Impoft and Tonnage. 

Se&ion i-Y>E if enacled by the Senate and 
J3 Hcufe of Reprefentatives of the 
United States of America in Congrcfs ajfimblcdy 
That from and after the laft day of June next, 
in addition to the fees and emoluments which 
may accrue to the officers employed in the f pec ific ai- 
coiledion of the duties of impolt and tonnage, fowance 
by the provificns already made, they (hall fe- j u | y ncxt 
verally have, and be entitled to the refpe&ive 
allowances following, to wit ; The furveyors 
of Newburyport, Salem, Saint Mary's and t 
Wilmington in North -Carolina, the yearly 
fum of one hundred dollars, each ; the fur- 
veyors of Beverley, North-Kingfton, Eaft- 
Greenwich, Warren, Briftol, Pawcatuck-ri- 
ver, Providence, Patuxet, New-Haven, Lew- 
ellenfburg, Alexandria, Beaufort, Hertford, 
Winton, Bennet's creek, Plymouth, Windlor, 
Skewarkey, Murfreeiborcugh, Nixonton, In- 
dian-town, Currituck -inlet, Pafquotank-river 
bridge, and Newbiggen creek, the yearly fum 
of eighty dollars, each ; the furveyor of Portf- 
mouth, the yearly fum of fixty dollars ; the 
furveyors of Ipiwich, Portland, Newport, 
Stonington, Middleton, Bermuda-Hundred, 
Peterfourg, Richmond and Savannah, the 
yearly fum of fifty dollars, each ; the furvey- 
ors of Gloucefter, New London and Swanibo- 
rough, the yearly fum of thirty dollars, each ; 
the furveyors of Hudfon, Little Egg-harbor, 
Suftblk, Smith field, Urbanna, and Frederickf- 
burg, the yearly finn of twenty dollars, each ; 
the collector of the clinrift pf Wil.mingtoji ti 



Julv next 

to certain 



r 

ditional North- Carolina, the yearly fum of one fcuiv 
* dred and fifty dollars ; the collectors of the 
Jiftrich of Portlhiouth, Gloucefter, Albany, 

. ,. _-. XT i -vr r 

AiMiapohs, Vienna, Nottingham, York-town, 
f nT>iicc * um fr* es an ^ Eouifville, the yearly fum of 
tors. '' ~ one hundred dollars, each ; the collector of 
the diflricT: of Fairfield, tire yearly fufn of eigh- 
ty dollars ; the collectors of the diftrifts of 
Marblehcad, Plymouth, Barndable, Nantuc- 
ket, New Bedford, Dighton, York, Bidde- 
ford and Pepperelborough, Bath, WifcarTet r 
Machias, Newport, New-flaven, Perth Am- 
boy. Great Egg-harbor, Wilmington in De- 
laware, Chefter, Cedar-point, George-town, 
Hampton, South CHiay, Wafhington, Plank- 
bridge and Georg-e-tov/n in South-Carolina^ 
the yearly fum of fifty dollars, each ; the na- 
val officer of the drftrift of Portfmouth, the 
yearly fum of one hundred dollars ; the naval 
officers of the difiricls of Newburyport, New- 
port, Providence, Wilmington in North- Caro- 
lina and Savannah, the yearly fum of fifty 
' dollars, each ; the colle&or of the diftrict of 
Salem and Beverley, one fourth of one per 
centum on the amount of all monies by him 
received en account of the faid duties ; and 
to the collectors of the diflri&s of Portfmouth, 
Newburyport, Gloucefter, Marblehead, Ply- 
mouth, Nantucket, Edgartown, New Bed- 
ford, Dighton, York, Brdddford arid Peppe- 
relborough, Portland, Bath, WifcalTet, Penob- 
fcot, FrenchmanVbay, Machias, Newport, 
Providence, New-Haven, Fairfield, Perth Ani- 
boy, Burlington, Great Egg- harbor, Wilming- 
ton in Delaware, Oxford, Vienna, Snowhil!, 
Annapolis, Nottingham, Cedar- point, George- 
town in Maryland, Hampton, York-town, 
Yeocomico, Dumfries, Foley-landing, Cherry- 



ftone, South Quay, Wilmington in North- 
Carolina, Newbern, Waihihgton, Edenton, 
Plank-bridge, George-town in South- Caroli- 
na, Beaufort, and Savannah, each, one half 
of one per centum on the amount of all mo- 
nies by them refpectively received on account. 
of the duties aforefaid. 

Seel, 2. And be it further enacted^ That from 
and after the laft day of [une next, the allow- To >iiec- 

r i tcrs of N 

ance or three-fourths or one per centum to the y or k an d 
collectors of the diftricls of Pennfvlvania and rcimfyiva- 

r -VT -*T 11 r 11 nia 1-2 ot I 

the city or New-York, on the amount or all pcr ccat . 
monies by them refpe&ively received,. on ac- &c - 
count of the duties of import and tonnage, 
fhall ceafe, and inflead thereof, they fhall, af- 
ter that time, be entitled to one-half of one 
per centum on all Rich monies by them refpec- 
tively received. 

Sec. 3. And be it further ciudcJ, That from 
and after the lafl day of June next, the expenie office renr, 
of fuel, office-rent and necefiliry flationary, 
for the collectors of the did ri els of Salem and 
Beverley, Bofton and Charleftown,the cities of 
New- York, Philadelphia and Charlefton, the 
towns of Baltimore, Norfolk and Portfniouth, 
mall be paid, three-fourths by the faid col- 
leclors, and the other fourth by the refpedive 
naval-officers in thofe diilricts. 

Sec. 4. And be it further enafted, That when- 
ever a collector (hall die, the commiffions, to ( 
which he would have been entitled on the re- 
cei.pt of all duties bonded by him, mall be t ., 

n I**TJI t * now ciiii)v/* 

equally divided between the legal reprefenta- idof. 
tives of fuch deceafed colleclor and his fuccef- 
for in office, whofe duty it fhall be to collect 
the fame ; and for this purpofe the faid repre- 
ientatives mall deliver over to fuch fucceffor all 



ol!ea0r > 



102 J 

the public or ofncial books, papers and ac- 
counts of the faid deceafed. 

JONATHAN TRUMBULL, Speaker 

cf the Houfe of Reprefentati-ves. 
RICHARD HENRY LEE, Prefide 

icmpore of the Senate. 
APPROVED, May eighth, 1792 : 

GEORGE WASHINGTON, 
Prefident of the Untied States.. 



CHAPTER XXXV. 

An Aft to continue in force the AtJ^ intitled^. 
" An ati to pro-vide for mitigating or remit- 
ting the Penalties and Forfeitures accruing 
under the Revenue-Laws in certain Cafes" 
f.nd to make further Provijwn for the Payment 
9f PcnfiQiis to Invalids.- 

(EXPIRED.} 



CHAPTER XXXVL 

An Act for regulating Procejjes in the Courts 
cf the United States, and providing Compenfa- 
tioii far the Officers of the faid Courts, and 

fur Jurors and IVitncfles* 

Sect, i . ]O> ^ ^ cnaclcd by the Senate and Houfe 

f^ of Reprefentati^es of the United 

by States cf America, in Congre/s affembled^ That all 

at *"^ writs and proceffes iiluing from the fuprenie or 

' a circuit court, fliall bear tsfl of the chief ju* 



C 

lice of the fupreme court (or if that office (hall 
be vacant) of the aflbciate jultice next in pre- 
cedence ; and all writs and precedes iiluing 
from a diflrift court, {hall bear ted of the judge 
of fuch court, (or if that office fhall be vacant,) 
of the clerk thereof, which faid writs and pro- 
cefles mall be under the feal of the court from 
xvhence they iflue, and figned by the clerk 
thereof. The feals {hall be provided at the ex- 
penfe of the United States. 

Sec. 2. And be it further enafted, That the 
Form of writs, executions and other procefs, 
except their (tile and the forms and modes of 

, . r . . , r r , Forms ot 

proceeding in luits in thoie or common law wr i t , 
{hall be the fame as are now ufed in the faid 
courts respectively in purfuance of the aft, in- 
titled, " An aft to regulate procefles in the 
courts of the United States," in thofe of equity 
and in thofe of admiralty and maritime juril- 
diftion, according to the principles, rules an-! 
ufages which belong to courts of equity and 
to courts of admiralty, refpeftively, as contra- 
diftinguilhed from courts of common law ; ex- 
cept ib far as may have been provided for by 
the aft to eftablilh the judicial courts of the 
United States, fubjeft however to fuch altera- 
tions and additions as the faid courts refpec- 
tively mall in their difcretion deem expedient, 
or to fuch regulations, as the fupreme court of 
the United States mall think proper from time 
to time by rule to prefcribe to any circuit or 
diilrift court concerning the fame : Provided, vv -^ 
That on judgments in any of the cafes afore- j^tibi 
faid, where different kinds of executions are | 5t * : 
ifluable in fucceflion, a capias ad fatlsfackndum ^L''t*" 
being one, the plaintiff fhall have his eleftion ( > !ni > ul 
to take out a capias ad fail ^faciendum in the fir it nu^lT 
indance. 



t 

for ec. .v And be it further cnafled. That' 

.ferving f rom an j a f ter tne p a {f m tlllS aft, the feCS 
, ., . i r i n^ j 

and compensations to the ieveral o nicer s and 
Other perfons hereafter mentioned, fhall be as 
follows : that is to fay, to the marfhals of the 
feveral diflrids of the United States, for the 
fervice of any writ, warrant, attachment or 
procefs in chancery, on each perfon named in 
the fame, two dollars : for his travel out in 
ferving each writ, warrant, attachment or pro- 
cefs aforefaid, five cents per mile, to be com- 
puted from the place of fervice to the court 
where the writ or procefs fliaill.be returned ; 
and if more perfons than one are named there- 
in, the travel mail be computed from the court 
to the place of fervice which is mod remote, 
adding thereto the extra travel necefiary to 
ferve it on the other : Provided, That the fee 
for travel where there is one perfon named in 
fuch writ, warrant, attachment or procefs, 
fhall in no cafe exceed feven dollars, and when 
there are mere than one, the fee for extra tra- 
vel mall not exceed one dollar above feven 
for bail dollars for each perfon. For, each bail bond, 
bonds ; for ftft t f f e j}i n g goods and veflels con- 

felling vcf- J , i ^ 

i,ib and demned, and receiving and paying the money, 
three per cent : for every commitment or dif- 

- r . ( , r- r '- r r 

or charge of a prifoner, fifty cents : for fummon- 
rgc j n w itnefles, where he does it, each thirry 

el a pnien- rt ' . . . ' 

cr; fum- cents r for iuminomiig a grand or pent jury^ 
JU " each three .dollars : Provided, That in thofe 
flates where jurors by the laws of the (late are 
in drawn by conftables or other officers of cor- 
ot porate towns or places by lot, the marfhals 
fliall receive for the ufe of fuch conftables or 
officers the fees allowed for fummoning juries : 
For attending the fupreme, circuit or diftricl 
courts, five dollars per day, and at the rate ef 



curr.mit- 



courls 



C 105 ] 

ten cents per mile for his expenfes and time for 
in travelling from the place of his abode to in s 
either of the faid courts : For levying an ex- j cv yj ng ex- 
ecution, and for all other fervices not herein ecu'tion, 
enumerated, fuch fees or compenfation as are 
allowed in the fupreine court of the (late 
where the fervices fhall be rendered : To the f ces O f 
clerk of the fupreme court of the United clerks.- 
States, ten dollars per day for his attendance 
in court, and for his other fervices in difcharg- 
ing the duties of his office, double the fees of 
the clerk of the fupreme court of that (late in 
which the fupreme court of the United States 
mall be holden. To the clerk of the diftrict 
and circuit courts, fuch fees in each date ref- 
peclively as are allowed in the fupreme courts 
of the fame ; and five dollars per day for his 
attendance on any circuit or diflrift court, 
and at the rate of ten cents per mile for his 
expenfes and time in travelling from the place 
of his abode to either of the faid courts. And 
in cafe any clerkof a court of the United States- 
(hall in difchaging the duties of his office per- 
form any kind of fervice which is not per- 
formed by the clerks of the courts of the (late,- 
and for which the laws of the ftate make no 
allowance, the court in which fuch fervice 
fhall be rendered may allow a reafonable com- 
penfation therefor. To each grand and petit 

f rc i r i. Turofs. 

juror ntty cents per day for attending in court, ' 
and for travelling at the rate of five cents per 
every mile from their refpedive places of 
abode to the place where the court is held, 
and the like allowance for returning : To , ir . -. 

rr r i r i WitnefTet. 

witnefles lummoned in any of the courts of 
the United States the fame compenfations in 
each (late refpectively as are allowed in the 
fupreme courts of the fame : To the attorney 
VOL. II. Q 



106 



O f t e United States for the diftrift, fuch fee* 
in each (late refpeclively as are allowed in the 
fupreme courts of the fame, and alfo the like 
compenfation for travelling as is above allow- 
ed to the clerk of the diftrict and circuit courts. 



Sec. 4- ^ n ^ ^ e lt farther enafled. That the 
Have the marflial (hall have the cuftody of all veffels 
veffSeiz- an< ^ gds feized by any officer of the revenue, 
ed, and be and fhall be allowed fuch compenfation there- 
Fain ezpen- ^ or as tne court m ^v judge rcafonable : And 
fcs ot luci, there (hall be paid to the marfhal the amount 
ceiveand" f tne expenfe for fuel, candles, and other 
pay the fees rcafonable contingencies that may accrue in 
| 10 j ( j] n g t ^ e CO urts within his diftricl, and pro- 
viding the books neceflary to record the pro- 
ceedings thereof: and fuch amount, as alfa 
the compenfations aforefaid to the grand and 
petit jurors : To the witnefTes fummoned.on 
the part of the United States, to the clerk of 
the fupreme court for his attendance ; to the 
clerks of the diiiiricT: and circuit courts for 
their travelling and attendance ; to the attor- 
ney of the diftricl: for travelling to court ; to 
to the -marfhal for his attendance at court ; for 
fummoning grand and petit jurors and wit- 
nefles in behalf of any prifoner to be tried for 
a capital offence ; for the maintenance of pri- 
foners confined in gaol for any criminal of- 
fence, and for the commitment or difcharge 
of fuch prifoner ;. and alfo the legal fees of 
the clerk, attorney and marfhal, in criminal 
profecutions, mail be included in the account 
of the marfhal ; and the fame having been 
examined and certified by the court or one of 
the judges of it in which the fervice fhall have 
been rendered, fhall be pafled in the ufual 
manner at and the amount thereof paid out 
of the treafury of the- United States, to the 



C 107 3 

marfhal, and by him mall be paid over to the 
perfons entitled to the fame, and the marfhal 
fhall be allowed two and an half per cent on his 



the amount by him fo paid over, to be charged * "" ' 
in his future account. 

Sec. 5. And be it further cnafted^ That in Rules for ^ 
every profecution for any fine or forfeiture J^Scur- 
incurred under any ftatutes of the United red by pro- 
States, if judgment is rendered againft thede- foHih! 
fendant, he fhall be fubjeft to the payment of Re- 
coils : and on every conviction for any other 
offence not capital, the court may in their dif- 
cretion award that the defendant fhall pay the 
cofts of profecution : and if any informer or 
plaintiff on a penal ftatute, to whofe benefit 
the penalty or any part thereof if recovered, is 
directed by law to accrue, fhall difcontinue 
his fuit or profecution, or fhall be nonfuit in 
the fame, or if upon trial a verdict mall pafs 
for the defendant, the court fhall award to the 
defendant his cofts, unlefs fuch informer or 
plaintiff be an officer of the United States fpe- 
cially authorized to commence fuch profecu- 
tion, and the court before whom the action or 
information fhall be tried, fhall at the trial in 
open court, certify upon record, that there 
was reafonable caufe for commencing the fame, 
in which cafe no cofts fiiall be adjudged to the 
defendant. 

Sec. 6. And be it further enabled, That the Fees herein 
fees and compenfations to the feVeral officers l 
and perfons herein before mentioned, other 
than thole which are above directed to be paid 
out of the treafury of the United States, fhall 
be recovered in like manner as the fees of the 
officers of the ftates refpe&ively for like fervi- 
.ces are recovered. 



C 108 ] 



g ec< ^ ^ ' lt f urt ] )er ena aed, That if any 

Demanding / . ./ . . / 

.unlawful officer herein beiore mentioned, or his depu- 
ty, fhall by reafon or colour of his office, wil- 
fully and corruptly demand and receive any 
greater fees than thole allowed by this aft, he 
{hall on conviction thereof in any court of the 
United States, forfeit and pay a fine not ex- 
ceeding five hundred dollars, or be imprifon- 
ed not exceeding fix months, at the difcretion 
of the court before whom the conviction 
mail be. 

.Certain Sec. 8. And be it further enacled. That the 



tied, " An act to continue in force for a limi- 
ted time, an act paffed at the firfl feffion of 
Congrefs, intitled, " An act to regulate pro- 
cefles in the courts of the United States;" and 
alfo another act pafled at the laft feflion of 
Congrefs, intitled, " An act providing com- 
penfations for the officers of the judicial courts 
of the United States, and for jurors and wit- 
neffes, and for other purpofes," be, and the 
fame are hereby repealed. 

.Clerk .of Sec. 9. And be it further enaEled^ That it 
St' to mall be the duty of the clerk of the Supreme 
.clerks of Court of the United States, forthwith to tranf- 
e niit to the clerks of the feveral circuit courts, 



form of a ^Q form of a writ of error, to be approved by 

nvntoicr- r T_ T i c \ r> s^ 

cur. any two of the judges oi the Supreme Court, 

and it mall be lawful for the clerks of the faid 
circuit courts to iffue writs of error agreeably 
to fuch forms, as nearly as the cafe may ad- 
mit, under the feal of the faid circuit courts, 
returnable to the Supreme Court, in the fame 
manner as the clerk of the Supreme Court 
may ilfue fuch writs, in purfuance of the act, 
intitled, " An act to eftablifli the judicial 
Courts of the United States/' 



C 109 ] 

Sec. 10. And be it further enatted, That it when 
fhall and may be lawful for the clerks of the uke 
diftrict and circuit courts, in the abfence, or in "^ :1 5 es ds 
cafe of the difability of the judges, to take re- 
cognizances of fpecial bail, de bene effe, in any 
action depending in either of the faid courts, 
and alfo the affidavits of all furveyors relative and affd*. 
to their reports, and to adminiiler oaths to all 
perfons identifying papers found on board of 
velTels or elfewhere, to be ufed on trials in ad- 
miralty caufes. 

Sec. ii. And be it further enafled, That W!iePC 

11 r i* >\ Tri o r judirts aCl 

m all fmts and actions m any diimct court or as counfei 
the United States, in which it mall appear that & party, 
the judge of fuch court is, any ways, concern- 
ed in interelr, or has been of counfei for either 
party, it mall be the duty of fuch judge on 
application of either party, to caufc the fact their duty 
to be entered on the minutes of the court, and "]fe! h 
alfo to order an authenticated copy thereof, 
with all the proceedings in fuch fuit or action, 
to be forthwith certified, to the next circuit 
court of the diflrict, which circuit court ihall, 
thereupon, take cognizance thereof, in the 
like manner, as if it had been originally com- 
menced in that court, and (hall proceed to hear 
and determine the fame accordingly. 

Sec. 12. And be it further enaclcd^ That Records of 
all the records and proceedings of the court court p f 

f , , j appeals to 

or appeals heretofore appointed, previous to b e depo 
the adoption of the prefent coriftitution, fhall f V e( ! u i- t!l 

, , r ~ , . , r ~, r , , , r , clerk of 

be depoiited in tne office or tne cleriv or the 
fupreme court of the United States, who is 
hereby authorized and directed to give copies 
of all fuch records and proceedings, to any 
perfon requiring and paying for the fame, in 
like manner, as copies of the records and 
.other proceedings of the faid court arc by law 



[ no ] 

dire&ed to be given : which copies fhall have 
like faith and credit, as all other proceedings 
of the faid court. 

JONATHAN TRUMBULL, Speaker 

of the Houfe of Reprefentatives. 
RICHARD HENRY LEE, Prefident pro 

tempore of the Senate* 
APPROVED, May eighth, 1792: 

GEORGE WASHINGTON, 

Prefident of the United States* 



CHAPTER XXXVII. 

An Aft making Alterations in the Treafury and 
War Departments. 

Section i. "|3 E it enacted by the Senate and 
JD Hotffe of Reprefentathes of the 
United States of America , in Congrefs qffenibled^ 
That there be an accountant to the depart- 
de- ment of war, who, fhall be charged with the 
fettlement of all accounts relative to the pay 
of the army, the fubfiftence of officers, boun- 
ties to ibldiers, the expenfes of the recruiting 
fervice, the incidental and contingent expenfes 
of the department ; and who fhall report from 
time to time, all fuch fettlements as fhall have 
been made by him, for the inflection and re- 
vifion of the accounting officers of the treafu- 
ry ; and the faid accountant fhall alfo be charg- 
ed with the fettlement of all claims for perfon- 
al fervice authorized by the act of this Con- 
grefs of the twenty-feventh of March lafl, and 
of all military claims lodged in the late office 
of the paymafter general and commiffioner of 



C "i ] 

army accounts, which aye not foreclofed by 
the a&s of limitation of the late Congrefs, 
and he mail report from time to time, all fuch 
fettlements as have been made by him, for the 
infpedion and revifion of the Comptroller of 
the Treafury. The compenfation of the faid 
accountant fhall be a yearly falary of one thou- Sala T- 
and two hundred dollars. 

Sec. 2. And be it further cnaded, That the 
Treafurer of the United States (hall diiburfe ' 
all fuch monies as mall have been previoufly herein, 
ordered for the ufe of the department of war 
by warrants from the treafury ; which difburfe- 
ments fhall be made purfuant to warrants, from 
the Secretary at War, counterfigned by the 
accountant. 

Sec. 3. And be it be further enacled. That Pay matter 
there be a paymafter to refide near the head r f ^ ^ 
quarters of the troops of the United States, duty. ' 
That it fhall be the duty of the faid paymaf- 
ter, to receive from the treafurer all the monies 
which {hall be entrufted to him for the purpofe 
of paying the pay, the arrears of pay, fubfif- 
tence or forage, due to the troops of the Uni- 
ted States. That he {hall receive the pay ab- 
ftracls of the paymafters of the feveral regi- 
ments or corps, and compare the fame with 
the returns or mufter rolls which {hall accom- 
pany the faid pay abftracts. That he {hall cer- 
tify accurately to the commanding officer, the 
fums due to the refpe&ive corps, which {hall 
have been examined as aforefaid, who {hall 
thereon iffue his warrant on the faid deputy- 
paymafter, for the payment accordingly. That 
copies of all reports to the commanding offi- 
cer, and the warrants thereon, mall be duly 
tranfmitted to the office of the accountant of 
the war department, in order to be there ex- 



amined and finally adjuftecl at the treafury. 

That the faid paymafter ihall give bond in the 
To give fum of twenty thoufand dollars, with two fuf- 

ficient fureties, for the faithful difcharge of his 

duty, and he ihall take an oath faithfully to ex- 
His faiary. ecute the duties of his office. That the com- 

penfation to the faid paymaster ihall be fixty 

dollars monthly, with the fame rations and 

forage as a major. 



Sec. 4. And be it further enaftcd, That no 
foidu* b at- alignment of pay made after the firft day of 
tcr IK June June next, by a non-comniifiioned officer or 
vahd. U0t private, {hall be vaild. 

Sec. 5. And be it farther enafted, That all 
for ihpply- purchafes and contracts for fupplying the army 
ing the with provifions, clothing;, fupplies in the quar- 

anny to be n. > j 6 M- n T j- 

madeander ter- matter s department, military (tores, Indian 
the socre- JT OO( J S an( J - cl \\ other fupplies or articles for the 

lary 01 the r r * i r > i 

ireafury. uic of the department or war, be made by or 
under the direction of the treafury depart- 
ment. 



To dl! | e ^ S GC - 6. And be it further enafted, That the 
riort of du- Secretary of the Treafury fhall direct the fu- 
ties, &c. perintendance of the collection of the duties 
on import and tonnage as he fhall judge bed, 
That the prefent office of Afliflant to the Se- 
cretary of the Treafury, be abolilhed, and that 
aboii(hed& inflead thereof there be an officer in the de- 
partment of the Treafury, to be denominated 
the Reve- Commiflicner of the Revenue, who fhall be 
cnar g e( l with fuperintending, under the direc- 
tion of the head of the department, the collec- 
tion of the other revenues of the United States, 
iuy ' and fhall execute luch other fervices, being 
conformable to the conilitution of the depart- 
ment, as fhall be directed by the Secretary of 
the Treafury* That the compenfation of the 



faid Commiffioner fhall be a falary of one thou- Salary, 
fand nine hundred dollars per annum. 

Sec. 7. And be it further enacJcd, That in . 

c r i ^11 An " pOW- 

every cafe or an account or claim not finally er s , with 
adjufted, upon which the prefent Comptroller t r ^^ d u ^_ 
of the Treafury, as Auditor, may have deci- tomey ce- 
ded, it fhall be the duty of the Commiffioner ncral - 
of the Revenue, and of the Auditor of the 
Treafury, finally to adjufl -the fame, and in 
cafe of difagreement between the faid Com- 
miffioner and Auditor, the decifion of the At- 
torney General ihall be final. 

Sec. 8. And be it further enacled, That in 
cafe of the death, abfence from the feat of the 
government, or ficknefs of the Secretary of 
State, Secretary of the Treafury, or of the Se- , of t , he 

i i I--I-T --x r head? or 

cretary of the War Department, or of any t h e three 
officer of either of the faid departments whole de P art - 

, , i , r i meats, 

appointment is not in the head thereof, where- 
by they cannot perform the duties of their faid 
refpe&ive offices, it fhall be lawful for the Pre- 
fident of the United States, in cafe he fhall 
think it neceiTary, to authorize any perfon or 
perfons at his difcretion to perform the duties 
of the faid refpe&ive offices until a fuccefTor 
be appointed, or until fuch abfence or inability 
by ficknefs fhall ceafe. 

Sec. 9. And be it further enacted, That the J' e ^7 
forms of keeping and rendering all public ac- ment to 
counts whatsoever, fliall be prefcribed by the r r ^ r j.^ 
deparment of the Treafury. keepin s ac- 



counts. 



Sec. 10. And be it further matted, That in 
addition to the compenfations allowed to the , Yearl - v al " 

^ 11 T J i -n -r wwan.ce to 

Comptroller, Auditor, Ireafuref, and Regil- certain of- 
ter of the Treafury, by the " aft for eftablifh- f^"^ 
ng the falaries of the executive officers of go. fury & At, 
VOL. II. P . 



[ 4 J 

ncraj yGc ' Vernment ? tne i r affiftants and clerks," and to 
the Attorney General by the " Act for allow- 
ing certain compenfations to the judges of the 
fupreme and other courts, and to the Attorney 
General of the United States," the faid officers 
refpectively (hall be allowed the following year- 
ly fums, viz. the Comptroller four hundred 
dollars; the Auditor four hundred dollars; the- 
Treafurer four hundred dollars ; the Regifler 
five hundred dollars; the Attorney General 
four hundred dollars. 

Sec. 1 1. And be it further enafleG \ That the 

Secretary Secretary of the Treafury be authorized to 

of the ' 111 i r i 

have two principal clerks, each or whom to 



* 



rhH o ^ ave a f a ^- ai 7 f c ^8 nt hundred dollars per aa- 
num ; and that the falary of the chief clerk 



the department of war, be at the rate, of eight 
hundred dollars per year. 

Sec. 12. And be it further enabled \ That 
on t h e clerks of the depart- 
to inent of the treafuTy, fo far as refpecls the car- 
nm; yyino- on of any trade or bufmefs, other than 

trade m J O r v VT r r. 

in the funds, or debts of the United States or 
^ an ) r ^ ate 5 or ^ n an y k* 11 ^ of public proper- 
ty, be abcKihed, and that fuch reftriclion, fo 
fli^" ^ ar as r fp e & s tn funds or debts of the United 
&c. States, or of any (tate, or any public property of 
either, be extended to the commiilioner of the 
revenue, to the federal commiilioners of loans,. 
and to all perfons employed in their refpeclive 
offices, and to all officers of the United States 
concerned in the collection or difburfement of 
the revenues thereof, under the penalties pre- 
iegeoffcnDedin the eighth fecliori of the acl, imitled, 
'tix /v n aclto eftabiifii the treafury department," 
to commJf- an d the provifions relative to the officers in the, 
|hT c . rof treafury department, contained in the " Aft 
nuc. ici to eftablifh. die pod office and poll 



.fliall be and hereby are extended and applied 
to the comrniffioner of the revenue. 

JONATHAN TRUMBULL, -Speaker 

of the HoufeofReprefentativcs. 
RICHARD HENRY LEE, Prefident pro 

tempore of the Senate. 
APPROVED, May eighth, 1792 : 

GEORGE WASHINGTON, 
Prefident of the United States. 



CHAPTER XXXVIII. 

An Aft fupplcmcnlary to -the Acl miking Prs~ 
vifton for the Debt of the United States. 

'Sec. i. ~O E it cnafted by the Senate and 
j[3 Houfs of Reprefentatives of the 
United States of America, in Congrefs qffcmbled, 
That the term for receiving on loan that part Terms for 
.of the domeftic debt of the United States, 
which hath not been fubfcribed purfuant to mrf 
the terms propofed in the aft, intitled, " An 
at making proviiion for the debt of the Uni- u. states 
ted States," fliall be, and it is hereby extend- axtendet] 
ed, on the fame terms, as in and by the faid 
act is provided, to the firft day of March next ; 
and books, for receiving fuch farther fubfcrip- ^ 
lions, fliall be opened at the treafury of the to 
United States, and by the commifiioners of cd< 
loans, in each of the laid Rates, on the firft 
day of June next, which mall continue open 
until the faid firft day of March next incUi- 
dy ; f.ir which purpofe, the faid -commit 



Intercft to 
lion fub- 
fcribing 
creditprs. 



fioners, refpeftively, are hereby inverted with 
the like powers, and required to perform the 
like duties, as in and by the faid aft is directed. 

Sec. 2. And be it further enacled^ That 
fuch of the creditors of the United States, as 
have not fubfcribed and fhall not fubfcribe ta 
the faid loan, (hall neverthelefs receive a rate 
per centum on the amount of fo much of their 
refpeftive demands, as well for intereft as 
principal, as, on or before the firft day of 
March, fhall be regiftered, conformably to 
the directions of the faid aft, as fhall be equal 
to the intereft payable to the fubfcribing cre- 
ditors, which fhall be payable at the fame 
times and places, and by the fame perfons, as, 
in and by the faid act is directed. 

Sec. 3. And be it further enacled^ That the 
term for receiving upon loan that part of the 
debts of the. refpeftive ftates, which hath not 
been iuDicribed purfuant to the terms propp- 
fed in the aft aforefaid, fhall be, and it is here- 
by enlarged on the fame terms, as in and by 
the faid aft is provided, until the firfl day of 
March one thoufand feven hundred and ninety 
three inclufiyely ; for which purpofe, books 
fubicrip- fhall be opened at the treafury of the United 
tobeo" ks States, and by the commiilioners of loans in 
)C 



Term for 
Deceiving 
ftate debts 
extended' 



beo 
)C 



each of the faid ftates, on the firfl day of June 
next, which fhall continue open until the firfl 
day of March, one thoufand feven hundred 
and ninety three inclusively ; for which pur-. 
pofes the faid coinmiflioncrs are hereby in- 
vefled with the like powers, and required to 
perform the like duties, as, in and by the faid^ 
aft, is directed. 

Sec. 4. Provided afouafs, and be it further 
tnciflcd, That the commilfioner of loans for 



C "7 3 

North-Carolina fhall not be allowed to receive c 
any certificate iffued by Patrick Travers, com- O f N. c.iro. 
jniiTioner of Cumberland county, or by the ^ exclu - 
commifiianers of army accounts at Warren- 
ton. 

Sec. 5. And whereas the United States are Debt due 
indebted to certain foreign officers, on ac-. j'cidgu^ofj 
count of pay and fervices during the late war, **<;, Pre- 
the interefl whereof, purfuant to the certifU ca u^ to be 
cates granted to the faid officers by virtue of a^ l )aitL 
refolution of the United States in Congrefs 
affembled, is payable at the houfe of 

Grand, banker, at Paris, and it is ex- 
pedient to difcharge the fame ; Be it therefore 
enacted, That the Prefident of the United 
States be, and he hereby is authorized to caufe 
to be difcharged the principal and interefl of 
the faid debt, out of any of the monies, which 
have been or (hall be obtained on loan, in vir- 
tue of the aft aforefaid, and which fhall not 
be necefiary ultimately to fulfil the purpofes 
for which the faid monies are, in and by the 
faid act, authorized to be borrowed. 

Sec. 6. And be it further enacted, That the 
Prefident of the Senate, the Chief juftice, the 
Secretary of State, the Secretary of the Trea- 
fury, and the Attorney General, for the time 
being, (hall be commifiioners, who, or any debt o 
three of whom, are hereby authorized, with u ' s ' 
the approbation of the Prefident of the Uni- 
ted States, to purchafe the debt of the United 
States, at its market price, if not exceeding 
the par or true value thereof ; for which pur- 
chafe the interefl on fo much of the public 
debt, as has already been, or may hereafter be 
pur chafed for the United States, or as fhall he 
paid into the treafury, and fo much of the 
monies appropriated for die payment of the iu- 



C 8 ] 

tereft on the foreign and domeftic debt, as 
ihali exceed what may be fufficient for the pay- 
ment of fuch intereft to the creditors of the 
United States, fhall be and are hereby appro- 
priated. And it fhall be the duty of the laid 
commiffioners to render to the legiflature, with- 
in two months after the commencement of the 
firft femon thereof in every year, a full and 
precife account of all fuch purchafes made, and 
public debt redeemed, in purfuance of this act, 

Out of a Sec. 7. And whereas it is expedient to efta* 
' blifh ,a fund for the gradual -reduction of the 
public debt ; Be it further enatted^ That the 
intereft on fo much of the debt of the United 
States, as has been or mail be pur chafed or re- 
deemed for or by the United States, or as fhall 
be paid into the treafury thereof in Satisfaction 
of any debt or demand, and the lurplus of any 
Turn or fums appropriated for the payment of 
the intereft upon the faid debt, which fhall re^- 
main after paying fuch intereft, fhall be, and 
hereby are appropriated and pledged firmly and 
inviolably for and to the purchafe and reclemp- 
tnwtobe tion of the faid debt, to be applied under the 
ippiied. direction of the Prefident of the Senate, the 
Chief Juftice, the Secretary of State, the Se- 
cretary of the Treafury and the Attorney Ge^ 
neral for the time being, or any three of them, 
with the approbation of the Prefident of the 
United States, for the time being, in manner 
following, that is to fay : Firft, to the purchafe 
of the feveral fpecies of flock conftituting the 
debt of the United States, at their refpective 
market prices, not exceeding the par or true 
value thereof, and, as nearly as may be, in 
equal proportions, until the annual amount of 
the laid funds, together with' any other provi- 
fjons which may be made by taw, fhall he equal 



C "9 3 

*b two per centum of the whole amount of the- 
outftanding funded flock bearing a prefent in- 
tereft of fix per centum : Thenceforth, Se- 
condly, to the redemption of the faid lait men- 
tioned ftoek, according to the right for that 
purpofe referved to the United States, until the 
whole amount thereof ihall have been redeem- 
ed : And Laftly,. after f -ion, to the 
purchafe, at its market price, ot any other 
ftock confiding of the debt of the United 
States, which 'nay then remaiii unredeemed : 
and fuch purchafe, as far as the fund {hall at 
any time extend, fhall be made within thirty 
da\s next, after each day, on which a quarter- 
ly payment of interefl on the debt of the Uni- 
ted States, fiiall become due, and mail be made 
by a known agent,, to be named by the faid 
cornmiilioners. 

Sec. 8. And be it further cnnfled, That al 1 ! T 

i- T r r i T i i c Purc'ufH 

ruture purchafes or public debt on account or how to b 
the United States, mall be made at the loweft madc - 
price, at which the fame can be obtained by 
open purchafe, or by receiving fealed propo- 
fals, to be opened in the prefence of the -com- 
raiiliorters, or perfons, authorized by them t 
make purchafes 3 and the perfons making fuch 
proposals. 

Sec. 9. And be it further enacted^ That O^rterFr 
quarter yearly accounts of the application of J^JSS olt 
the faid fund (hall be rendered for fettlement, offaJdftmd 
as other public accounts, accompanied with jcrtd, *c. 
returns of the firms of the laid debt, which 
fhall have been from time to time purchafed 
or redeemed ; and full and cxad report of the 
proceedings of the faid commiilioners, inclu- 
ding a itatt:Lent of the difourfemcnis, which 
Hiall have been made, and of the fums which 
fiiall have been purchafed or redeemed under 



their direction, and fpecifying dates, prices, 
parties, and places, fhall be laid before Con- 
grefs, within the firfl fourteen days of each 
ieffton which may enfue the prefent, during 
the execution of the faid truft. 

JONATHAN TRUMBULL, Speaker 

of the Houfe of Representative*. 
RICHARD HENRY LEE, Prcfident pre 

. temp-are of the Senate. 
APPROVED, May eighth, 1792: 

GEORGE WASHINGTON, 

Prcfident of the United States. 



CHAPTER XXXIX. 

An Ad to provide for a Coffer Coinage. 

Sec. i . TTI E It enabled by the Senate and Houfe* 
JTj of. Rcprefentati'ves of the United 
States of America in Congrcfs ajjembled^ That 



of fa c director of the mint, with the approbation 

the mint lo _ ^ r i TT i r> 

purchafe or the rrehdeiit or the United States, be au- 
eoppcr and ^ OY i Z ed to contract for and purchafe a quan- 

have coin- 

ed into tity or copper, not exceeding one hundred and 

cents, &c. ^fj-y ton g 5 an d that the faid director, as foan 

as the needful preparations lhall be made, cauie 

the copper by him purchafed to be coined at 

the mint into cents and half cents, purfuant to 

" the act eftabliihing a mint, and regulating 

the coins of the United States ;" and that the 

faid cents and half cents, as the/ lhall be coin- 

ed, be paid into the treafury of the United 

mue" States, thence to iiTue into circulation* 



C I-' ] 

Sec. 2. And be it further faaffed)'Thit after 
the expir uion of fix calendar months from the 
time when there ihall have been paid into the certain furii 
treafury by the faid director, in cents and half ^-/^ 
cents, a lam not lefs than fifty thoufand dollars, the treaiu.' 
which time ihall forthwith be announced by f y- 
the treafurer in at lead two gazettes or news- 
papers, publifhed at the feat of the government 
of the United States for the time being, no 
copper coins or pieces whatfoever, except the 
faid cents and half cents, fliall pafs current as 
money, or mall be paid, or offered to be paid 
or received in payment for any debt, demand, 
claim, matter or thing whatfoever ; and all 
copper coins or pieces, except the faid cents Penalty for 
and half cents, which fliall be paid or offered $?*$ 
to be paid or received in payment contrary to copper 
the prohibition aforefaid, fhall be forfeited, c< 
and every perfon by whom any of them mail 
have been fo paid or offered to be paid or re- 
ceived in payment, (hall alfo forfeit the fum of 
ten dollars, and the faid forfeiture and penajty 
fhall and may be recovered with cofts of fuit 
for the benefit of any perfon or perfons by 
whom information of the incurring thereof 
ihall have been given. 

JONATHAN TRUMBULL, Speaker 
of the Houfe of Reprcfentatives. 

RICHARD HENRY LEE, Prefident pro 

iempore of the Senate, 
APPROVED, May eighth, 1792 : 

GEORGE WASHINGTON, 

Prefident of the United State*. 
VOL. II. ( 



[;[ "2 ] 

CHAP T E R XL. 

Acl for making Compenfatkus 1o ttx Com- 
mlffiQners of Loans for extraordinary Expenfes. 

(EXPIRED.) 



CHAPTER XLI. 

An Acl making certain Appropriations therein 
fpccified. 

Sec. i . TT3 E // enacled by the Senate and Houfe 
JL$ f Reprefentatives of the United 
specific States of America in Congrefs ajjembled, That 
there be granted and appropriated the follow- 
ing fums for the following purpofes, to wit : 
For the difcharge of a balance to the commif- 
fi oners appointed under the acl of Congrefs 
of the fifteenth of March one thoufand feven 
hundred and eighty five, two thoufand feven 
hundred and eighty feven dollars and eighty 
eight cents ; For additional falary to the firit 
clerk of the commiflioners for fettling accounts 
between the United States and individual 
ftates, one hundred and eighty feven dollars 
and ninety one cents ; For defraying the ex- 
penfe of flating and printing certain public ac- 
counts, purfuant to the order of the Houfe of 
Reprefentatives of the thirtieth of December 
one thoufand feven hundred and ninety one, 
eight hundred dollars ; For difcharging the 
accounts of officers of the courts of the United 
States, jurors and witnefles, in aid of the fund 
heretofore appropriated, feventeen thoufand 
dollars ; For making good deficiencies in for- 
mer appropriations, for defraying the expenfe 



of the enumeration of the inhabitants of the 
United States, four thoufand fix hundred and 
ninety five dollars, and fifty nine cents ; For 
difcharging certain accounts agahifi the trea- 
fury department, to the end of the year o:i 
thoufand feven hundred and ninety one, in- 
cluding a fum of fix hundred dollars, for fur- 
nifliing the fupervifors of the revenue with 
icrew'prefles, feals, and other articles, one 
thoufand nine hundred and fifty five dollars, 
and fixty one cents ; For a balance due to lieu- 
tenant John Freeman of the late Maryland 
line, on account of fubfiflence for the years 
one thoufand fevcn hundred and eighty two 
and one thoufand feven hundred and eighty 
three, forty one dollars and feventy five cents ; 
For compenfations to the clerks of the acling 
commiifioner of army accounts, and contin- 
gencies of his office, one thoufand three hun- 
dred and twenty nine dollars and fixteen cents ; 
For ?.dditionalconipenfationstothedoorkeepers 
of the Houfe of Reprefentatives, purfuant to a 
resolution of the Houfe, of the twenty fourth 
of March lafl, feven hundred dollars ; For the 
difcharge of fuch demands againfl the United 
States, not otherwife provided for, as (hall have 
been afcertained and admitted, in due courfe of 
fettlement at the treafury, and which are of a 
nature, according to the ufage thereof, to re- 
quire payment in fpecie, five thoufand dollars : 
All which faid fums, amounting together, to 
thirty four thoufand four hundred aud ninety 
feven dollars and ninety cents, fhall and may 
be paid out of the funds following, any, or all 
of them; namely; the furplufes which may out of w 
remain of appropriations heretofore made, af-. 
ter fatisfying the purpofes of fuch appropria- 
tions ; monies which have been paid into the 



[ 124 1 

treafury, in confequence of balances which 
have been found due from individuals, rela- 
ting t tranfaclions prior to the prefent go- 
vernment of the United States ; the furplus, 
not heretofore appropriated, of the duties on 
imports and tonnage, which accrued to the 
end of the year one thoufand feven hundred 
and ninety one. * 

'" Sec. 2. And be it further enacted. That fo 
fciom & much of the aforefaid furplus of the duties on 
ex pence of imports and tonnage, which accrued to the 
aothef rtg. end of the year one thoufand feven hundred 
to military an d ninety one, as may be neceffary, fhali be 

eftabhfh- i- r i r i - i j- i 

int-nt. and is hereby appropriated, in addition to the 
provifion heretofore made, towards defraying 
the expenfes, which mail have been incurred 
in the execution of the ac~t for raifing and ad- 
ding another regiment to the military efta- 
blimment of the United States, and for ma- 
king farther provifion for the protection of 
the frontiers, within the limits of the fum of 
three hundred and twelve thoufand, fix hun- 
dred and eighty fix dollars, and twenty cents 
thereby authorized ; and towards reimburfmg 
any furns, which may have been borrowed, or 
advances of money which may have been ob^ 
tained for that purpofc. 

For niter- Sec. 3.' And be * it further enafled. That a 
f um f fi fty thoufand dollars in addition to the 
provifion heretofore made be appropriated to 
defray any expenfe which may be incurred iri 
relation to the intercourfe between the United 
iStates and forenm nations, to be paid out of 
any monies, which may be in the treafury, not 
otherwife appropriated, and to be applied un- 
der the direction of the Prefident of the Uni- 
tec ^ States, who, if neceflary, is authorized to 
borrow, on the credit of the United States, 



[ "5 ] 

the laid fum of fifty thoufand dollars ; an ac- 
count of the expenditure whereof as foon as 
may be, fhall be laid before Congrefs. 

JONATHAN TRUMBULL, Speaker 

of the Houfe of Reprefentatives. 
RICHARD HENRY LEE, Prefidcnt pro 

tempore of the Senate. 
APPROVED, May eighth, 1792: 

GEORGE WASHINGTON, 
Prefidentofthe United States. 



CHAPTER X.LII. 

An Act refpccling the Government of the Terri- 
tories of the United States North Weft and 
South of the River Ohiq. 

3ec. i. 1TJ E it enabled by the Senate and 

Jjj Houfe of Rcprcfintatives of the Lau , a of 
United States of America in Congrefs affemblcd, N. Wcft 
That the laws of the territory north- weft of 
the river Ohio, that have been or hereafter be 
may be enacled by the governor and judges 
thereof, (hall be printed under the direction of 
the Secretary of State, and two hundred copies 
thereof, together with ten fets of the laws of 
the United States, mail be delivered to the 
faid governor and judges, to be diftributed 
among the inhabitants for their information, 
and that a like number of the laws of the 
United States fhall be delivered to the gover- 
nor and judges of the territory fouth-weil of 
the river Ohio. 



C 



3 



'power of Sec. 2. And be it further enacted ^ That the 

Governor governor and judges of the territory north 

hcrdnf ' weft of the river Ohio {hall be, and hereby 

are authorized to repeal their laws by them 

made, whenfoever the fame may be found to 

be improper. 

rower of Sec. 3. And be it further enacled^ That the 

thefccrcta- official duties of the fccrctaries of the faid ter- 

ritories mail be under the controul of fuch 

laws, as are or may be in force in the faid 

territories. 



One fu- 



hold court, 



Seals by 
wliom pro- 
vided. 



Their limi- 
tation art 
<iifappro- 
ved. 



Csertain ex- 
pen ies> al- 
lowed to 
John C. 
tiymmes, 
fcc. 



Sec. 4. And be it further enabled. That any 
one of the fupreme or fuperior judges of the 
faid territories, in the abfence of the other 
judges, mall be and hereby is authorized to 
hold a court. 

Sec. 5. And be it further enacted r , That the 
Secretary of Sate provide proper feals for the 
feveral and refpeclive public offices in the faid 
territories. 

Sec. 6. And be it further enacted^ That the 
limitation act, pafled by the governor and 
judges of the faid territory, the twenty-eight 
day of December, one thoufand feven hun- 
dred and eighty eight, be and hereby is difap- 
proved. 

Sec. 7. And be it further enafted, That the 
expenfes incurred by John Cleves Symmes 
and George Turner, two of the judges of the 
faid territory, in fending an expreis, and in 
purchafmg a boat to go the circuit, in the year 
one thoufand feven hundred and ninety, mail 
be liquidated by the officers of the treafury, 



I "7 ] 

and paid out of the treafury of the United 
States. 

JONATHAN TRUMBULL, Speaker 

of the lionfe of Representatives. 

RICHARD HENRY LEE, Prefident pro 

tcmpore of the Senate* 
APPROVED, May eighth, 1792 : 

GEORGE WASHINGTON, 

Prefident of the United States. 



CHAPTER XLIIL 

Jn Ad /0 compenfate the Services of the late 
Colonel George Gibfon. 

(PRIVATE.) 



CHAPTER XLIV. 

An Aft concerning the Claim of John Brown 

Cutting againjl the United States. 

(PRIVATE.) 



RESOLVED, by the Senate and Houfc of 
Reprefentati*ves of the United States of 
America in Congrefs qffembled. That the Secre- 
tary of the Treafury caufe to be provided, for 
the life of the feveral collectors in the United 
States, printed clearances, on the back where- 
of {hall be a printed account of the methods, 
which have been found to anfvver for obtain- 
ing freih, from fait water, and of conftru&ing 
extempore ftills, of fuch implements, as are 
generally ori board of every veflel, with a re- 
commendation, in all cafes, where they (hall 
have occafion to refort to this expedient for 
obtaining water, to publifh the refult of their 
trial in fome gazette, on their return to the 
United States, or to communicate it for pub- 
lication, to the office of the Secretary of State, 
in order that others may, by their fuccefs, be 
encouraged to make fimilar trials, and be be- 
nefited by any improvements or new ideas, 
which may occur to them in practice. 

JONATHAN TRUMBULL, Speaker 

of the Houfe of Reprefentatives. 
RICHARD HENRY LEE, Prefident pro 

icmpore of the Senate. 
APPROVED, May eighth, 1792 : 

GEORGE WASHINGTON, 
Prefident of the United States. 



ACTS, 

PASSED AT THE 

SECOND SESSION 

OF THE 

SECOND CONGRESS 

O F TH E 

United States of America, 

BEGUN AND HELD AT THE CITY OF PHILADELPHIA, 

In the State of Pennfylvania, 

On Monday the Fifth of November, 

IN THE YEAR M,DCC 3 XCII. 
AND OF THE 

Independence of the United States 

THE SEVENTEENTH. 



VOL. II. R 



ACTS 

o F 

CONG RESS. 



CHAPTER I. 

An Aft concerning the Rcgijlering and Record- 
ing of Ships or Vejfels. 

Sec. i . TJ E /'/ enaclcd by the Senate and Houfe 
JLJ of Representatives of the United 
States of America In Congrefs (ijjembled, That 
fhips or veffels, which fhall have been re- 
giftered by virtue of the act, intitled, 
" An act for regiflering and clearing veflels, ^11 be 
regulating the coafiing trade, and for other 
purpofes," and thofe which after the lad day states; 
of March next, {hall be registered, purfuant 
to this act, and no other (except fuch as fhall 
be duly qualified, according to law, for car- 
rying on the coafiing trade and fifheries, or one 
of them) fliall be denominated and deemed 
(hips or veffels of the United States, entitled 
to the benefits and privileges appertaining to 
fuch fhips or veflels ; Provided, That they 
fhall not continue to enjoy the fame, longer ()!1 'y 

*i i- n 11 i i 11 i owned ,&.c 

than they fhall continue to be wholly owned, i )V c it?*cn 
and to be commanded by a citizen or citizens f u - s - 
of the faid dates. 

Sec. 2. And be it further enacted, That 
fhips or veflels built within the United States, 
whether before, or after, the fourth of July, 



C '32 ] 



TvdTds^ one thbufind feven hundred and feventy-fix, 
may be re- and belonging wholly to a citizen or citizens 
^fiued. thereof, or not built within the faid ftates, 
but on the fixteenth day of May, in the year 
one thoufand feven hundred and eighty-nine, 
belonging, and thenceforth continuing to be- 
long to a citizen or citizens thereof, and (hips 
or veffels, which may hereafter be captured 
in war, by fuch citizen or citizens, and law- 
fully condemned as prize, or which have 
been or may be adjudged to be forfeited for 
a breach of the laws of the United States, be- 
ing wholly owned by a citizen or citizens 
thereof, and no other, may be regiftered as 
herein after directed : Provided^ That no fuch 
fliip or veilel fhall be entitled to be fo regif- 
; tered, or if regiftered, to the benefits thereof, 
icii- if owned in whole, or in part, by any citizen 
of the United States, who ufually refides in a 
foreign country, during the continuance of 
fuch -refidence, unlefs fuch citizen be in the 
j n capacity of a conful of the United States, or 
capacity of < m agent for, and a partner in, fome houfe of 
Sgent tbTa trade or co-partnerfhip, confifting of citizens 
houfe of of the laid ftates actually carrying on trade 
within the faid ftates : And provided further , 
That no fhip or veflel, built within the United 
States, prior to the faid fixteenth day of May, 
which was not then owned w r holly, or in part, 
by a citizen or citizens of the United States, 
fhall be capable of being regiftered, by virtue 
of any transfer to a citizen or citizens, which 
may hereafter be made, unlefs by way of prize 
or forfeiture : Provided nevertbelefs , That this 
fhall not be conftrued to prevent the regifter- 
ing anew, of any fhip or vefTel, which was be- 
fore regiftered, purfuant to the act before 
mentioned. 



[ '33 3 

Sec. 3. And be it further enacted, That eve- 
ry fhip or veflel, hereafter to be regiftered 
(except as is herein after provided) ihall be 
regiftered by the collector of the diftrid: in 
which (hall be comprehended the port to 
which fuch fhip or veifel fhall belong, at the 
time of her regiftry, which port ihallbe deem- 
ed to be that, at or nearefl to which, the own- 
er, if there be but one, or if more than one, 
the hufband or acting and managing owner of 
fuch fhip or veiltl, ufually refides. And the si,? P <or 
name of the faid ihip or veflel, and of the vends 
port to which me mail fo belong, (hall be pain- 55'jjg, 
ted on her (tern, on a black ground, in white ^ on the 
letters, of not lefs than three inches in length. ncnl) &c * 
And if any fhip or veflel of the United States, 
fhall be found, without having her name, and 
the name of the port, to which me belongs, 
painted in manner aforefaid, the owner or , 

n 11 r r /> r in , ir forfeiture 

owners mall forfeit fifty dollars j one half to onnegk-a* 
the perfon giving the information thereof, the thcrcof - 
other half to the ufe of the United States. 

Sec. 4. And be if further cnacled^ That in Rerr - nrv 
order to the regiftry of any (hip or veflel, an how to'he 
oath or affirmation mall be taken and fubfcri- ohuinct1 ' 
bed by the owner, cr by one of the owners fubftance 
thereof, before the officer authorized to make oi ! hc .? th 

,. , 7 . n . to Ix taken 

inch regiitry, who is hereby empowered to hef^re re- 
adminiffer the fame, declaring, according to " 
the befl of the knowledge and belief of the 
perfon fo fwearing or affirming, the name of 
fuch fliip or veilel, her burthen, the place 
where (he was built, if built within the United 
.States, and the year in which ihe was built ; 
.and if built within the United States, before 
the faid fixteenth day of May, one thoufand 
fcvcn hundred and eighty-nine, that me was 
then owned wholly, or in p^.r!, by a citizen 



C '34 ] 

or citizens of the United States ; and if not 
r built w^hia the faid Mates, that file was, on 
the faid fixteenth day of May, and ever fince, 
^ at ^ continued to be, the entire property of a 
citizen or citizens of the United States ; or 
that (he was, at fome time pofterior to the time 
when this act {hall take effect, (fpecifying the 
faid time) captured in war by a citizen or ci- 
tizens or the faid ftates, and lawfully condemn- 
ed as prize (producing a copy of the fentencc 
of condemnation, authenticated in the ufual 
forms) of that {he has been adjudged to be 
forfeited for a breach of the laws of the Uni- 
ted States (producing a like copy of the fen- 
tence whereby Ibe ihall have been fo adjudg- 
ed) and declaring his or her name and place of 
abode, and if he or me be the fole owner of 
the laid fl'ip or veilel, that fuch is the cafe ; 
or if there be another owner or other owners, 
that there is or are fuch other owner or own- 
ers : fpecifying his, her, or their name or names, 
and place or places of abode, and that he, me x 
cr they, as the cafe may be, fo fvvearing or af- 
firming, is or are citizens of the United States; 
raid where an owner refides in a foreign coun- 
try, in the capacity of a conful of the United 
States, or as an agent {or, and a partner in, a 
houfe or co-partnerfhip, confiding of citizens 
of the United States, and actually carrying on 
trade within the United States, that fuch is 
the cafe, and that there is no fubject or citizen 
of any foreign prince or Hate, directly, or in- 
directly, by way of truft, confidence, or other- 
wife, interefted in fuch {hip or veffel, or in the 
profits, or iliues thereof; and that the mailer, 
or commander thereof is a citizen, naming 
the faid mailer, or commander, and Itating 
the means whereby, or manner in which, he 



[ '35 3 

is fo a citizen. And in cafe, any of the mat- 
ters of faft, in the faid oath or atiinnation al- 
led^ed, which fhall be within the knowledge 

O ' O 

of the party, fo fvvearing, or ailirming, fliall Fo:-fXi\:re 
not be true, there fliall be a forfeiture of & c vc ff' 
the (hip or veffel, together with her tackle, iw.-arin* 
furniture and apparel, in refpecl to which, the falidy " 
fame fliall have been made, or of the value 
thereof, to be recovered, with cods of fuit, of How reco . 
the perfon, by whom fuch oath or affirmation vcred; 
fhall have been made : Provided always That 

,- i n r T T i' i' 1 what ca- 

ll the matter, or perfon having the charge or fes nw p lc . rs 
command of fuch (hip or velfel, fliall be with- ? vcfitis 
in the diHricl: aforefaid, when application (hall m akeoath 
be made for regiflering the fame, he (hall, * "><*- 
hhnfelf, make oath, or al'iirmation, inflead of z 
the faid owner, touching his being a citizen, 
and the means whereby, or manner in which, 
he is fo a citizen ; in which cafe, if what the 
faid mailer, or perfon having the faid charge ^ r] ;f not 
or command, (hall fo (wear or aflirm, fhall iniV,u..fcr- 
not be true, the forfeiture aforefi-id ihall not ^ '^ 
be incurred, but he fhaU, hhnfelf, forfeit and 
pay, by reafon thereof, the fum of one thou- 
i'and dollars : And provided further^ That in 
the cafe of a (hip, or veilel, built within the; 
United States, prior to the fixteenth day of 
_Mny aforefaid, which was not then owned by 
a citizen, or citizens of the United States, 
but which, by virtue of a transfer to inch citi- 
zen, or citizens, mail have been regiilercd, 

purfuant to the a before mentioned, the oath . 

* r- . , , i n ,, ^ 
or aiurmation, hercoy required, (hail and may n 

be varied, according to the truth of the cafe, b 
as often as it mall be rcquinre to grant a new 
rcgifler, for fuch fliip or veflbl. 

Sec. 5. And be it further enacted ^ That it 
fliail be the duty of every c\vner 5 refidezit with- 



tike 



C 






within 90 



Before 
\vhonu 



Like oath i n the United Slates, of any Imp or vefleL to 

to no taken i i r r n -i 

by other which a certificate of regiftry may be granted, 

"n^?! v! (* n ca ^ e t ^ ere b e m J" e than one fuch owner) 
ttic appii- to tranfmit to the collector, who may have 
caut, & C , granted the fame, a like oath or affirmation 
with that herein before directed to be taken 
and fubfcribed by the owner, on whofe appli- 
cation, fuch certificate ihall have been granted, 
and within ninety days after the fame may have 
been fo granted ; which oath or affirmation 
may ? at Ac option of the party, be taken and 
fubfcribed, either before the faid collector, or 
before the collector of ibine other diilrict, or 
a judge of the fupreme, or a diftrict court of 
the United States, or of a iliperior court of 
original jiirifHiction of fome one of the ftates. 
And if fuch oath or affirmation mall not be 
taken, fnbfcribed and transmitted,, as is herein 
required, tha certificate of regiftry, granted to 
fuch fhip or veffel, fhall be forfeit and void. 

ships, ^<c. Sec. 6. And be it further cnafted^ That be- 
r e ?' n y fliip (jr veifel Hiall be regiflered, flie 
be mearured by a furveyor, if there be- 
one, or by the perfon he mall appoint, at the 
port or place where the faid ihip or veiiel may 
be, and if there be none, by fuch perfon as 
the .collector of the diftricl, within which ihe 
may be, ihall appoint, according to the rule 
prefcrined by the forty-third feclion of the 
act, intitied, " An act to provide more effec- 
tually for the collection of the duties impo- 
fed by law on goods, wares and merchandize, 
imported into the United States, and on the 
tonnage of mips or veifels." And the officer, 
or perfon, by whom fuch admeasurement ftali 

certificate be made, ihall, for the information of, and as 
giv- a voucher to the officer by \vhom the reeiftry 

J .~ r ' 9 

is to be made, grant a certificate, tpecirying 



en faliure, 
certilicate 
of rc^i'li'V 
iorfeited. 



C '37 ] 

the built of fuch fhip or veffel, her number of 
<lecks and mads, her length, breadth, depth, 
the number of tons fbe meafures, and fuch 
other particulars as are ufually defcriptive of 
the identity of a fhip or veflel ; and that her 
name, and the place to which me belongs, are 
painted on her ftern, in manner required by 
the third feclion of this act ; which certificate 
{hall be counterfigned by an owner, or by the 
matter of fuch fhip or veffel, or by fome other 
perfon who mall attend her admeafurement, In 
on behalf of her owner or owners, in teftimony fts 
of the truth of the particulars therein con- 
tained ; without which, the faid certificate ed 
(hall not be valid. But in all cafes, where a 
fliip or veflel has before been regiftered, as a 
fhip or veffel of the United States, it mall not 
be neceifary to meafure her anew, for the pur- 
pofe of obtaining another regifter ; except fuch 
ihip or veiTel mall have undergone fome alter- 
ation, as to her barthen, fubfequent to the 
time of her former regiftry. 

Sec. 7. And be it further enacled. That, pre- 
vious to the regiftry of any fhip or veflel, the Ba 

, n -- rt ; j ^ & by whom 

hufband or acting and managing owner, toge- given, for 
ther with the mafter thereof, and one or more * aitllfuj .^ lf 
fureties, to the fatisfaction of the collector of cateofrc- 
the diftrict, whofe duty it is to make fuch re- S iftr y &c! * 
giftry, mail become bound to the United States, 
if fuch fliip or veffel iliall be of burthen not 
exceeding fifty tons, in the fum of four hundred 
dollars ; if of burthen above fifty tons, and not 
exceeding one hundred, in the fum of eight 
hundred dollars ; if of burthen above one hun- 
dred tons, and not exceeding two hundred, in 
the fum of twelve hundred dollars ; if of bur- 
then above two hundred tons, and not exceed- 
ing three hundred, in the fum of fixteen him- 
Vot. II. S 



[ '38 J 

dred dollars ; and if of burthen exceeding 
three hundred tons, in the fum of two thoufand 
dollars ; with condition, in each cafe, that the 
certificate of fuch regiftry, fhall be folely ufed 
for the {hip, or veflel, for which it is granted, 
and {hall not be fold, lent, or otherwife difpo- 
fed of, to any perfon or perions whomfoever ; 
and that, in cafe fuch Clip or veffel fhall be loft, 
or taken by an enemy, burnt, or broken up, 
or fhall be otherwife prevented from returning 
to the port to which flie may belong, the faid 
certificate, if preferved, mall be delivered up, 
within eight days after the arrival of the maf- 
ter, or perfon, having the charge or command 
of fuch fhip or veifel, within any diftricl of the 
United States, to the collector of fuch diftrift j 
of .re- And that if any foreigner, or any perfon or 
perfons, for the ufe and benefit of fuch foreign- 
er, mall purchafe, or otherwife become enti- 
tled to the whole, or any part or (hare of, or 
intereft in, fuch fliip or veffel, the fame being 
within a diftricl of the United States, the faid 
certificate {hall, in fuch cafe, within feven days- 
after fuch purchafe, change, or transfer of pro- 
perty, be delivered up to the collector of the 
laid diftrict ; and that if any fuch purchafe,, 
change, or transfer of property, mall happen/ 
when fuch fhip or veiTel fhall be at any foreign j 
port or place,, or at fea, then the faid matter, 
or perfon having the charge or command there- 1 
of, fhall, within eight days after his arrival 
within any dinrict of the United States, deli- ; f 
ver up the faid certificate to the collector of 
fuch diftrift ; and every fuch certificate, fo de- 
livered up, fhall be forthwith tranfmitted to 
the Regifter of the Treafury, to be cancelled, 
who, if the fame fhall have been delivered up 
t.Q a collector, other than of the difbift in 



C 139 3 

which it was granted, (hall caufe notice of fuch 
-delivery to be given to the collector of the 
faid didrict. 

Sec. 8. And be it further entitled. That in ydfcisbuih 
order to the regidry of any fhip or veflel, r M 
which, after the lad day of March next, {hall 1/93, 
be built within the United States, it (hall be 
neceflary to produce a certificate, under the 
hand of the principal or mailer carpenter, by 
whom, or under whofe direction, the laid fhip 
or veflel mail have been built, teitifying, that 
fhe was built by him, or under his direction, 
and fpecifying the place where, the time when, 
and the perfon or perfons for whom, and de- 
fcribingher built, number of decks and mails, 
length, breadth, depth, tonnage, and fuch 
other circumftances, as are ufually defcriptive 
of the identy of a {nip or veflel ; which certi- 
ficate (hall be fufficient to authorize the remo- 
val of a new veflel, from the diftrict where (he 
may be built, to another didrict in the fame, 
or an adjoining ftate, where tke owner or own- 
ers actually refide, provided it be with ballad 
only. 

Sec. 9. And be it further cnacled, That the 
feveral matters herein before required, having 
been complied with, in order to the regider- 
ing of any fhip or veflel, the collector of the 
diitrict comprehending the port to which (lie 
lhall belong, fliall make, and keep, in fomc s illr y 
proper book, a record or regidry thereof, and 
fhall grant an abdract or certificate of fuch 
record or regidry, as nearly as may be, in 
the form following : 

" In purfuance of an act of the -Congrefs 

r i -i T i r> r ant ' Tant 

ot the United States of America, intitled, ' 



An act concerning /the regiftering and re- therof 
cording of fhips or.lveffels/' [inferting here 



[ 1 40 ] 

tlte.name, occupation, and place of abode, of 
the perfon by whom the oath or affirmation 
aforefaid. (hall have been made] having taken 
or fubfcribed the oath (or affifriiatioirj re- 
quired by the faid aft, 'and having f \vorn (or 
affirmed) that he (or me, and. if more than one 
owner, adding the words, cc together with," 
and the name or names, occupation or occu- 
pations, place or places of abode, of the other 
owner or owners) is (or are) die only owner 
(or owners) of the fhip or vefiel, called the 
[inferring here her name] of [infer ting here 
the port to which me may belong; whereof 
[inferring here the name of the matter] is at 
prefent mailer, and is a citizen of the United 
States, and that the faid fhip or veiTel was fin- 
ferting here, when and where built j and [in- 
ferting here, the name and office, if any, of the 
perfon by whom me fhatl have been furveyed 
or adineafuredj having certified that the faid 
fhip. or vefTel has [inferring here, the number 
Form of of decks] and [inferring here, the number of 

certificate n _ J . l o . . ._ r i 

of regiftry. malts J and that her length is [mferting here, 
the number of feet] her breadth [mferting here, 
the number of feet] her depth [inferring here, 
the number of feet] and that fhe meafures [in- 
ferring here, her number of tons] that ihe 
is [defcribing here, the particular kind of vel- 
fel, whether fhip, brigantine, fnow, fchooner, 
floop, or whatever elfe, together with her built, 
and fpecifying whether fhe has any, or no gal- 
lery or head] and the faid [naming the owner, 
or the matter, or other perfbn, acting in behalf 
of the owner or owners, by whom the certifi- 
cate of admeafurement fbali have been coun- 
terfigned, as aforefaid] having agreed to the 
defcription and admeasurement, above fp'eci- 
fied ? and fufficient fec*uTiry having been given. 



C- 141 ] 

according to the faid aft, the faid (hip or vefTel 
has been duly regiftered at the port of [naming 
the port where regiftered.] Given under my 
hand and leal, at "[naming the faid port J this: 
f inferring the particular day] r. 
the month] in the year [fpecifring the num- 
ber of the year,;in words ' length:"] Pro- 
vided, That if the nnflsr. : ug 
the charge or command of fuch fh:*p .or veffei, 
mall, himfelf, have i or aiiirrv.atL 
touching' his being a citizen^ the v. oi- 
the fakl certificate mail 

conformable 'to the truth of the cafe: ^''^ Howcert j, 
Provided, That where a new certificate of re.-.ficateofrc- 
giftry is granted, in confequeiu x b^r^Z 

fer of a fhip or velfel, the word; 
ried, as to refer to the former certmc:d'j of re- 
giftry, for her admeafurem.cn r. 

Sec. 10. And be it fur I her enaCed, TL ; i 
mall be the duty of the Secretary of the Trv,- 
fury, to caufe to be prepared, and tranfmittt.-!, 
from time to time, to the collectors of the fe- r , f un i 
veral diftricls, a fuilicient number of forms 
the i-i'id certificates of regiflry. attefled under 
the feal of the Treafury, anil the hand of the 
Regifter thereof, with proper blanks, to be 
filled by the faid collectors, refpcctively, by 
whom alfo the faid certificates mall be ilgned 
and fealed, before they mall be iiTued ; and 
where there is a naval-officer at any port, they 
Jhail be counterfigned by him ; and where there 
is a furveyor, but no naval-officer, they mall be 
counterfigned by him; and a copy of each flial I 
be tranfmitted to the laid Regiifcer, who iha.il 
caufe a record to be kept of the fame. 

Sec. ii. And be it further enacted, Th.it 
where any citizen or citizenc of the Umred 
States mall purchafe, or become owner or 
owners of any (hip or veffel, entitled to b-s re- 



C 14* ] 

gnlered, by virtue of this act, fuch fhip or 
purchafm veilcl, being within any diftrict, other than the 
of ihdr Ut one ' m which he or they ufually refide, fuch 
proper dif- fhip or veffel fhall be entitled to be regiftered 
to ohui" by the collector of the diftrict, where fuch fhip 
regifkr; or veffel may be, at the time of his or their 
becoming owner or owners thereof, upon his 
or their complying with the provifions herein 
before prefcribed, in order to the regiftry of 
ihips or veflels : And the oath or affirmation 
which is required to be taken, may, at the op- 
tion of fuch owner or owners be taken, either 
before the collector of the diltrict, compre- 
hending the port to which fuch (hip or veflel 
may belong, or before the collector of the dif- 
tvict, within which fuch fhip or veflel may be, 
either of whom is hereby empowered to ad- 
to be deli- minifter the fame : Provided neverthelefs. That 
*"fv1n g n at whenever fuch fhip or vefTel mail arrive with- 
their pro- in the diftrict, comprehending the port to 
{ESto? which fuch fhip or veffel fhall belong, the cer- 
tor. tificate of regiftry, which fhall have been ob- 

tained, as aforefaid, (hall be delivered up to 
the collector of fuch diftrid, who, upon the 
requifites of this acl, in order to the regiftry 
of Ihips or veflels, being complied with, fhall 
grant a new one, in lieu of the firft ; and the 
certificate, fo delivered up, mail forthwith be 
returned by the collector who {hall receive the 
fame, to the collector who mall have granted 
it: and if the faidfirft mentioned certificate of 
regiftry (ball not be delivered up, as above 
directed, the owner or owners, and the mafter 
of fuch fhip or vellel, at the time of her faid 
arrival within the diftrict comprehending the 
port to which fuch ihip or veffel may belong, 
fhall, fevcrally, forfeit the fum of one hundred 
dollars, to be recovered, with ccfts of fait j 



C '43 3 

and the faid certificate of regiftry mall be 
thenceforth void. And in cafe any of the 
matters of fact, in the faid oath or affirmation 
aliedged, which (hall be within the knowledge 
of the party fo fwearing or affirming, (hall not 
be true, there (hall a forfeiture of the (hip or 
veffel, together with her tackle, furniture and 
apparel, in refpect to which, the fame (hall 
have been made, or of the value thereof, to be 
recovered, with cofts of fuit, of the perfon by 
whom fuch oath or affirmation (hall have been 
made : Provided always. That if the matter, 
or perfon having the charge or command of 
fuch (hip or vefl'ul, (hall be within the diftrict 
aforefaid, when application (hall be made for 
regiftering the fame, he (hall, himfelf, make 
oath or affirmation, inttead of the faid owner, 
touching his being a citizen, and the means 
whereby, or manner in which, he is fo a citi- 
zen ; in which cafe, if what the faid matter, 
or perfon having the faid charge or command, 
(hall fo fvtear or affirm, (hall not be true, the 
forfeiture aforefaid (hall not be incurred, but 
he (hall, himfelf, forfeit arid pay, by reafon 
thereof, thefum of one thoufand dollars. 

Sec. 12. And belt further emitted, That 
when any (hip or veffel, entitled to be regif- a 
tered, purfuant to this act, (hail be purchaied 
by an agent or attorney for, or on account of 
a citizen or citizens of the United States, fuch 
(hip or veffel, being in a diftrict of the United 
States, more than fifty miles dittant, taking 
the neareft ufual route by land, from the one 
comprehending the port to which, by virtue 
of fuch purchafe, and by force of this act, fuch 
fhip or veffel ought to be deemed to belong, 
it ihail be lawful for the collector of the dif- 
trict, where fuch fhip or veffel may be, and he 



C 144 ] 

* s hereby required, upon the applicatipn of 
chafed i>y : fuch agent or attorney, to proceed to the re- 
goring of the laid fhip or vefTel, the laid agent 
or attorney, nrft complying, on behalf, and in 
the fte.id of, the owner or owners thereof, with 
the requifites prefcribed by this act,, in order 
to the regiilry of (hips or vefTels, except, that 
in the oath or affirmation, which mall be ta- 
ken by the faid agent or attorney, inftead of 
fwearing or affirming that he is owner, or an 
owner of fuch fhip or veflel, he fhall fwear or 
affirm, that he is agent or attorney for the 
owner or owners thereof, and that he hath 
bona fide purchafed the faid Ihip or veifel, for 
the perfon or perfons, whom he mail name 
and defcribe as -the owner or owners thereof: 
Provided nc'verlbelcfs) That whenever fuch fhip 
or veliel (hall arrive within the difhict com- 
prehending the port to which fuch fhip or vef- 
fel fhall belong, the certificate of regiftry, 
which fhall hare been obtained, as aforefaid, 
fhall be delivered up to the collector of fuch 
dilirict, who, upon the requiiites of this act, 
in order to the regiitry of {hips or veffels, be- 
CGITI piled with, fhall grant, a new one, in 
lieu of the firft ; and the certificate, fo deli- 
vered up, mall forthwith be returned by the 
collector, who mall tranfmit the fame to the 
collector who fhall have granted it. And if 
the faid firll: mentioned certificate of regiftry, 
fhall not be delivered up, as above directed, 
the owner or owners, and the mailer of fuch 
fhip or veflel, at the time of her faicl arrival 
within the diftricl comprehending the port to 
which me may belong, mail, feverally, forfeit 
the fum of one hundred dollars, to be reco- 
vered, with cofls of fuit, and the laid certificate 
of regifiry (hall be thenceforth void. And 



[ MS ] 

tn cafe, any of the matters of fa 61, in the faJd 
oath or affirmation alledged, which mail be 
within the knowledge of the party, fo (wear- 
ing or affirming, (hall not be true, there 
mall be a forfeiture of the (hip or veflel, toge- 
ther with her tackle, furniture and apparel, in 
refpect to which, the lame (hall have been 
made, or of the value thereof, to be recovered, 
with cods of fuit, of the perfon by whom fuch 
oath or affirmation (hall have been made : 
Provided always. That if the mafter, or per- 
fon having the charge or command of fuch 
(hip or veflel, fhall be within the diflricl afore- 
faid, when application (hall be made for regif- 
tering the fame, he mall, himfelf, make oath 
or affirmation, inftead of the faid agent or at- 
torney, touching his being a citizen, and the 
means whereby, or manner in which, he is fo 
a citizen ; in which cafe, if what the faid maf- 
ter, or perfon having the faid charge or com- 
mand, fhall fo fwcar or affirm, (hall not be 
true, the forfeiture aforefaid (hall not be in- 
curred, but he (hall, himfelf, forfeit and pay, 
by reafon thereof, the fum of one thoufand 
dollars. 

Sec. 13. And be it further enafted, That if Oath to he 
the certificate of the regiftry of any (hip or taken on 
veflel (hall be loft or deftroyed, or miflaid, " 

the mafter, or other perfon having the charge 
or command thereof, may make oath or affir- 
mation, before the collector of the diftrict 
where fuch (hip or veflfel mall firft be, after 
fuch lofs, deftrudion, or miflaying, \vho is 
hereby authorized to adminifter the fame, 
which oath or affirmation mall be of the form 
following : " I (inferring here the name of 
the perfon {wearing or affirming) being mafter 
(or having the charge or command) of the 

VOL. II. T 



to be fhip or veffd, called the (inferring the name 
taken on o f t ft e veffel) do fwear (or affirm) that the faid 

h cr- _ . - ' 

of Imp, or vefiel hatn been, as I verily believe, 
regiftered, according to law, by the name of 
(inferting again the name of the veffei) and 
that a certificate thereof was granted by the 
collector of the diftrict of (naming the diftrict, 
where regiftered) which certificate has been 
loll (or defiroyed, or unintentionally and by 
mere accident mi/laid, as the cafe may be) and 
(except, where the certificate is alledged to 
have been defiroyed) that the fame, if found 
again, and -trithin my power, malt be delivered 
up to the collector of the diitricl, in which it 
was granted ;" which oath, or affirmation mail 
be fubfcribed by the party making the fame, 
and upon fuch oath *r affirmation being made, 
and the other requifites^cf this act, in order 
to the regiftry of fhips, or veflels, being com- 
plied with, it mall be lawful for the collector 
of the diftrict, before whom fuch oath or affir- 
mation is made, to grant a new regifter, in- 
ferting therein, that the fame is ifTued, in the 
room of the one loft or defiroyed. But in all 
cafes, where a regifter lhall be granted, in lieu 
of the one loft or deftroyed, by any other than 
the collector of the diftricl, to which the fhip, 
or veflel actually belongs, fuch regifter mail, 
within ten days, after her firft arrival within 
the diftricl to which me belongs, be delivered 
up to the collector of the faid diftrict, who 
fhall, thereupon, grant a. new regifter, in lieu 
thereof. And in cafe the mafter, or comman- 
der mall neglect to deliver up fuch regifter, 
within the time afbrefaid, he fhall forfeit one 
hundred dollars ; and the former regifter fhall 
become null and void. 

Sec. 14. And be it further enafted. That 



t 147 ] 

when any Clip or veflel, which (hall have been 
rendered, purfuant to this ad, or the aft here- &c - 1 9 

, & . if - iL I regiftc 

by, m part, repealed, mall, m whole, or in 
part, be fold, or transferred to a citizen or ci- 
tizens of the United States, or {hall be altered 
in form, or burthen, by being lengthened, or 
built upon, or from one denomination to an- 
other, by the moce or method of rigging or 
fitting, in every fuch cafe the faid (hip or vef- 
fel mall be regiftered anew, by her former 
name, according to the directions herein be- 
fore contained, .(other wife fhefhall ceafe to be 
deemed a fhip or vefiel of the United States) 
and her former certificate of regiftry {hall be 
delivered up to the collector Jo whom applica- 
tion for fuch new regiftry ffiall be made, at 
die time, that the fayie mall be made, to be 
by him tranfmitted to the Regifler of the Trea- 
fury who fliali caufe the fame to be cancelled. 
And in every fuch cafe of fale or transfer, there 
mall be fome inftrument of writing, in the na- 
ture of a bill of fale, which (hall recite, at 
length, the faid certificate, otherwife the faid 
fhip or veflel (hall be incapable of being fo re- 
giftered anew. And in fcvery cafe, in which 
a Ihip or veffel is hereby required to be regif- 
rered anew, if me mail not be fo regiftered 
anew, fhe {hall not be entitled to any" of the 
privileges or benefits of a fhip or veflel of the 
United States. And further, if her faid former 
certificate of regiftry (hall not be delivered up, 
as aforefaid, except where the fame may have 
been deftroyed, loft, or unintentionally mif- 
laid, and an oath or affirmation thereof mail 
have been made, as aforefaid, the owner or 
owners of fuch ihip or veflel mall forfeit and 
pay the fum of five hundred dollars., to be re 
, with coftS of fuit. 



C 148 3 

Sec - T 5- ^'^ ^ it further enaaed, That 
report fuch when the mafler, or perfon having the charge 
or command of a fhip or veflel, regiflerecl pur- 
fuant to this aft, or the ad hereby in part re- 
pealed, fhall be changed, the owner, or one 
of the owners, or the new matter of fuch {hip 
or veflel, mall report fuch change to the col- 
lector of the diftrict where the fame fhall hap- 
pen, or where the faid fhip or veflel fhali firfl 
be, after the fame fhall have happened, and 
fhall produce to him the certificate of regiflry 
of fuch (hip or veflel, and fhall make oath or 
affirmation, fnewing that fuch new m after is a 
citizen of the United States, and the manner 
in which, or means whereby, he is fo a citi- 
zen ; whereupon the faicl collector fhall en- 
dor fe upon the laid certificate of regiflry, a 
memorandum of fuch change, fpecifying the 
name of fuch new rnafter, and fhall fubfcrihe 
the faid memorandum with his name, and if 
other than the collector of the diflrict, by 
whom the faid certificate of regiflry fhall have 
been granted, fhall tranfmit a copy of the faid 
memorandum to him, with notice of the par- 
ticular fhip or veflel, to which it fhall relate j 
and the collector of the diftrict, by whom the 
faid certificate fhall have been granted, fhall 
make a like memorandum of fuch change, in 
his book of regiflers, and fhall tranfmit a copy 
thereof, to the Regifler of the Treafury. And 
If the faid change 'fhall not be reported, or if 
the faid oath or affirmation fhall not be taken, 
as above directed, the regiflry of fuch fhip or 
veflel fhall be void, and the faid mailer, or 
perfon, having the charge or command of her, 
fiiall forfeit and pay the fum of one hundred 
Collars. 

Sec, 1 6. And be it further enabled. That if 



C '49 ] 

any ihip or veflel, heretofore regiftered, or 

which mall hereafter be regiftered, as a Ihip en-forfei- 

or veflel of the United States, ft all be fold or tcd.mnc- 

. ,' glcdt to 

transferred, in \\hole or in part by way or W a* c fuck 
trult, confidence or otherwife, to a fubjecl or rc P t;rt - 
citizen of any foreign prince or ftate, and 
fuch fade or transfer mail not be made known, 
in manner h rein before direcled, fuch (hip or 
veflel, together with her tackle, apparel and 
furniture, (hall be forfeited : Provided ', That 
if fuch (hip or veflel (hall be owned in part only, 
and it (hall be made appear to the jury, before 
whom the trhl for Rich forfeiture mall be had, 
that any other owner of fuch (hip or veflel, 
being a citizen of the United States, was 
wholly ignorant of the fale or transfer to, or 
ownerfhip of, fuch foreign fubjecl or citizen, 
the fh?.re or intereft of fuch citizen of the 
United States (hall not be fubjecl to fuch for- 
feiture ; and the refidue only fliall be fo for- 
feited. 

Sec. 1 7. And be it further cnaflcd^ That Oath on 
upon the entry of every (hip or veifel of the jy f 
United States, from any foreign port or place, u. s. from 
if the fame fliall be at the port or place, at 
which the owner, or any of the part-owners 
refide, fuch owner or part-owner (hall make 
oath or affirmation, that the regifter of fuch 
(hip or vetTel contains the name or names of 
all the perfons, who are then owners of the 
faid ftip or veflel; or if any part of fuch {hip 
or veflel has been fold or transferred, fmce 
the granting of fuch regifter, that fuch is the 
cafe, and that no foreign fubjecl or citizen 
hath, to the beft of his knowledge and belief, 
any fhare, by the way of truft, confidence, or 
otherwife, in fuch fhip or veflel. And if the 
owner, or any part-owner, ihall not refide at 



[ 

the port or place, at which fuch Clip or veffel 
ihall enter, then the mailer or comrnander 
fliaji make oath or affirmation, to the like cf- 
fecl. And if the o\vner, or part-owner, where 
there is one, or the mafler or commander-, 
where there, is no owner, mall refufe to fwear 
or affirm as aforefaid, fuch fhip or vefivl mall 
not be entitled to the privileges of a fcip or 
veffel of the United States. 

Seel. 1 8. And be it further enafteJ^ That m 
fced mfde" a '^ ca ^ ts ' wllere tke matter, commander, or 
literiog up owner of a mip or veffel, (hall deliver up the 
thereafter, regifler of fuch (hip or vefiel, agreeable to the 
pmvifions of this aft, if to the collector of the 
diflri.ft, where the fame fhajl have been gran- 
ted, the faid collector fhall, thereupon, cancel 
the bond, which fhall have been given at the 
time of granting fuch regider ; or,, if to the 
collector of any other diitricl:, fuch collector 
lhall grant to. the faid mailer, commander, or 
owner, a receipt or acknowledgment, that fuch 
regifler has been delivered to him, and the 
time, when ; and upon fuch receipt being pro- 
duced, to the collector, by whom the regifler 
was granted, he ihall cancel the bond of the 
party, as if the regifler had been returned to 
lijim. 

Certificates Sec. 119. And be it further enafted, That the 
f regiftry co ll e ck)r of each diililcc mail progreffively 

o be num- , , r r , - i i 

nuiiiocr the certificates ci: the regiitry by him 
granted, beginning a new, at the commence- 
ment of each year, and mail enter an exaft co- 
py of each certificate, in a book to be kept for 
that purpofe ; and fhall, once in three months, 
tranfniit to the Regifler of the Treafury, co- 
pies of all the certificates, which fhall have been 
granted by him, including the number of each. 
.Sec. 20, And be~ it further enattcd} TR&t 



C is* ] 

every fliip or vefiel, built in the United States, ships buift 
after the fifteenth day of Auguft, one thoufand | r ^ ^ 
feven hundred and e'ghty nine, and belong- 1789, how 
ing wholly, or in part, to the fubjecls of fo- 
reign powers, in order to be entitled to the be- 
nefits of a fhip, built and recorded in the Uni- 
ted States, (hall be recorded in the office of 
the collector of the diftrict, in which fuch mip 
or veflel was built, in manner following, that 
is to fay ; The builder of every fuch (hip or 
veiTel (hall make oath or affirmation, before the 
collector of fuch diftricl:, who is hereby au- 
thorized to adminiiler the fame, in manner 
following ; "I (inferring here the name of fuch 
builder) of (inserting here the place of his re- 
ficlence) fhipwright, do fwear (or affirm) that 
(defcribing here the kind of veffel, as, whether 
ihip, brig, fnow, fchooner, Hoop, or whatever 
elfe) named (inferting here the name of the 
ihip or veifel) having (inferting here trre num- 
ber of decks,) arid being, in length (inferting 
here the number of feet) in breadth (inferting 
here the number of feet) in depth (inferring 
here the number of feet) and meafuring (in- 
ferting here the number of tons) having (fpe- 
cifying, whether any or no) gallery, and (alfo 
fpecifying, whether any or no) head, was 
built by me, or under my direction, at (naming 
the place, county, and ftate) in the United 
States, in the year (inferting here the number 
of the year ;") which oath, or affirmation, 
fhall be fubfcribed by the perfon making the 
fame, and {hall be recorded in a book, to be 
kept, by the faid ! collector, for that purpofe. 
Sec. 21. And be it further .enaftcd. That the 
faid collector ilaall caufe the faid' ihip or veiTel havc thera - 
to be furveyed or admeafured,. according to 
the rule, prefcribed by the forty- third feftion 



C '52 3 

of the aft, mtitled, "An act to provide more 
effectually for the collection of the duties im- 
pofed by law on goods, wares, and merchan- 
dize, imported into the United States, and on 
the tonnage of fhips or velTels ;" and the per- 
fon, by whom fuch admeafuremeiit ihall be 
made, (hall grant a certificate thereof, as in 
the cafe of a ihip or veilel to be regiilered ; 
which certificate mall be counterfigned by the 
faid builder, and by an owner, or the mailer, 
or perfon having the command or charge there- 
of, or by fome other perfon, being an agent 
for the owner or owners thereof, in teilimony 
of the truth of the particulars therein con- 
tained. 

Sec. 22. And be it further enafted, That 
certiorate a certificate f tne faid record, atteiled under 
of the re-" the hand and fcal of the faid collector, mall 
be granted to the mailer of every fuch ihip 
or veffel, as nearly as may be, of the form 
following : C In purfuance of an act, intitled, 
" An act concerning the regiflering and re- 
cording of mips or vefTels," I (inferting here 
the name of the collector of the diilrict) of 
(inforting here the name of the diilricl) in the 
United States, do certify, that (inferting here 
the name of the builder) of (inferting here 
the place of his refidence, county, and ilate) 
having fworn, or affirmed, that the (defcribing 
the (hip or veflel, as in the certificate of re- 
cord) named (inferting here her name) where- 
of (inferring here the name of the mailer) is, 
at prefent, maf:er 5 was built at (inferting here 
the name of the place, county, and ilate, where 
built) by him, or under his direction, l n tne 
year (inferting here, the number of the year) 
and (inferting here, the name of the furveypr, 
or other perfon, by whorn the fame admeafure% 



[ '*3 3 

mcnt fhall have been made) having certified, 
that the laid Ihip or vefTel has (inferting here, 
her number of decks) is, in length (inferting 
here, the number of feet) in breadth (inferting 
here, the number of feet) in depth (inferting 
here, the number of feet) and meafures (in- 
ferting here, the number of tons) : And the 
faid builder and (naming and describing the 
owner, or mafter, or agent for the owner or 
owners, as the cafe may be, by whom the faid 
certificate mail have been counterfigned) hav- 
ing agreed to the faid defcription and admea- 
furcment, the faid fhip or veffel has been re- 
corded, in the diftrict of (inferting here, the 
name of the diftricl, where recorded) in the 
United States ; Witnefs my hand and feal, thi.-i 
(inferting here, the day of the month) day of 
(inferting here, the name of the month) in the 
year (inferting here, the number of the year);" 
which certificate mall be recorded in the of- 
fice of the faid collector, and a duplicate there- 
o f tranfmitted to the Regifter of the Treafury 
of the United States, to be recorded in hi> 
office. 

Sec. 23. And be it further enabled r , That if chan ot 
the mafter, or the name, of any fhip or veffel mafter or 
fo recorded mail be changed, the owner, part- ^" to 
owner, or confignee of fuch fhip or veffel, 
mail caufe a memorandum thereof to be en- 
dorfed on the certificate of the record, by the cord, 
collector of the diftrict, where fuch fhip or 
veffel may be, or at which flie fhall fir ft arrive, 
if fuch change took place in a foreign coun- 
try ; and a copy thereof fhall be entered in the 
book of records, a tranfcript whereof fhall be 
tranfmitted, by the faid collector, to the col- 
lector of the diftrict, where fuch certificate 
was granted (if not the fame perfon), who 
VOL, II. V 



[ 154 ] 

ihall enter the fame in his book of records, and 
forward a duplicate of fuch entry, to the Re- 
gifter of the Treafury of the United States ; 
and in fuch cafe, until the faid owner, part- 
owner, or configne'e, fhall caufe the faid me- 
morandum to be made, by the collector, in 
manner aforefaid, fuch fhip or veflel ihall not 
be deemed, or confidered a as a veiTel recorded, 
in purfuance of this act. 

pro! Sec. 2 4- -And be it further enafted, That the 
on inafler, or other perfon having the command 
" tr} "> or charge of any fhip or veflel, recorded in 
purfuance of this act, fliall on entry of fuch 
fhip or veflel, produce the certificate of fueh 
record, to the collector of the diftrict, where 

infaiiureto ^ e ^ la ^ ^ c * enterecl > in failure of which, 
forfeitpri- the faid fliip or veflel fhall not be entitled to 
this"aei' f t ^ e P riv ^ e & es f a veflel, recorded as aforefaid : 
Provided always, and be it further enatted. That 
nothing herein contained fhall be conftrued 
to make it neceflary to record, a fecond time, 
any fhip or veflel, which fliall have been re- 
corded, purfuant to the act, hereby in part 
repealed : but fuch recording fhall be of the 
like force and effect, as if made, purfuant to 
this act. 

Sec. 25. And be it further enabled, That 
the fees and allowances, for the feveral fer- 
vices to be performed, purfuant to this act, 
and the diftribution of the fame, fhall be as 
follows, to wit : For the admeafurement of 
ever y ftup or veflel, of one hundred tons, and 
under, one cent per ton ; for the admeafure- 
ment of every fhip or veflel, above one hun- 
dred, and not exceeding two hundred tons, one 
hundred and fifty cents ; for the admeafure- 
ment of every fhip or veflel, above two hun- 
dred tons, two hundred cents ; for every cer- 



[ 155 3 

tificate of regiflry or record, two hundred 
cents ; for every endoriement upon a certifi- 
cate of regiflry or record, one hundred cents; 
and for taking every bond required by this 
act, twenty-five cents. The whole amount of 
which fees fhall be received, and accounted 
for, by the collector, or, at his option, by the 
naval-officer, where there is one ; and "'-'here 
there is a collector, naval-officer, and furvey- 
or, fhall be equally divided, monthly, between 
the faid officers ; and where there is no naval- diar ; lntt ; on 
officer, two-thirds to the collector, and the of tec*. 
other third 10 the furveyor; and where there 
is only a collector, he lhall receive the whdla 
amount thereof; and where there is more 
than one furveyor in any diitrict, each of them 
mail receive his proportionable part of fuch 
fees, as mail arife in the port, for which he 
is appointed: Provided always, that, in all 
cafes, where the tonnage of any fhip or ve: 
mall be afcertained, by any perfon appointed 
for that purpofe, fuch person {hail be paid a 
reafonable compenfation therefor, out of the 
fees aforefaid, before any diftribution thereof, 
as aforefaid. And every collector and naval- 
officer, and every furveyor, who mall reiide 
at a port, where there is no collector, fhall 
caufe to be affixed, and conftantly kept, in 
fome confpicuous part of his office, a fair ta- 
ble of the rates of fees, demandable by this 
act. 

Sec. 26. And be it further enabled. That penalty on 
every collector, or officer, who fliall know- akin s 

J ! ' , . . . falfe regif- 

mgly make, or be concerned in making, any t er?, or de- 
falfe reeifter or record, or fliall knowingly "^nding 

i '. . &7 unlawful 

grant, or be concerned in granting, any falle f ccs . 
certificate of regiftry or record of, or for any 
fhip or veflel, or other falfe document what- 



C 156 ] 

foever, touching the fame, contrary to the true 
intent and meaning of this acl, or who (hall de- 
fignedly take any other, or greater fees, than 
are by this act allowed, or who mall receive 
any voluntary reward or gratuity, for any of 
the fervices performed, purfuant thereto ; and 
every furveyor, or other perfon appointed to 
meafure any fhip or veffel, who fhall wilfully 
deliver to any collector, or naval-officer, a 
falfe defcription of fuch fhip or vefTel, to be 
regiftered or recorded, mall, upon conviction 
of any fuch neglect, or offence, forfeit the 
fum of one thoufand dollars, and be rendered 
incapable of ferving in any office of truft or 
profit, under the United States ; and if any 
perfon or perfons, authorized and required by 
this act, in refpect to his or their office or of- 
fices, to perform any act or thing, required to 
be done or performed, purfuant to any of the 
provifions of this act, fhall wilfully neglect to 
do or perform the fame, according to the true 
intent and meaning of this act, fuch perfon or 
perfons fhall, on being duly convicted there- 
of, if not fubject to the penalty and difquali- 
fication aforefaid, forfeit the fum of five hun- 
dred dollars for the firfl offence, and a like fum 
for the fecond offence, and fhall, thenceforth, 
be rendered incapable of holding any office of 
truft or profit under the United States, 
onfrau- ^ec. 2 7* And be it farther enatfed^ That if 
duientiy any certificate of regiftry, or record, fhall be 
ttfcat- C of. fraudulently or knowingly ufed for any fhip or 
veffel, not then actually intitled to the benefit 
thereof, according to the true intent of this 
act, fuch Ihip or veflel fhall be forfeited to the 
United States, with her tackle, apparel, and 
furniture, 



C 157 ] 

Sec. 28. And be it further enacled, That if On 
any perfon or perfons (hall falfely make oath 
or affirmation, to any of the matters, herein re- 
quired to be verified, fuch perfon or perfons 
mail fuffer the like pains and penalties as (hall, 
be incurred by perfons committing wilful and 
corrupt perjury; and that if any perfon or per- 
fons (hall forge, counterfeit, erafe, alter, or 
falfify any certificate, regifler, record, or other 
document, mentioned, defcribed or authori- 
zed, in and by this act, fuch perfon, or per- 
fons, mail, for every fuch offence, forfeit the 
fum of five hundred dollars. 

Sec. 29. And be it further enacted. That all 
the penalties and forfeitures, which may be 
incurred, for offences againft this aft, ihall 
and may be fued for, profecuted and recover- 
ed, in fuch courts, and be difpofed of, in 
fuch manner, as any penalties and forfeitures, 
which may be incurred, for offences againfl 
the act, intitled, " An aft to provide more 
effectually for the collection of the duties im- 
pofed by law, on goods, wares and merchan- 
dize imported into the United States, and on 
the tonnage of (hips or veffels," may legally 
be fued for, profecuted, recovered and dif- 
pofed of : Provided always. That if any officer 
entitled t a part, or (hare of any fuch pe- 
nalty, or forfeiture, (hall be neceifary, as a 
witnefs, on the trial for fuch penalty or for- 
feiture, fuch officer may be a witnefs upon the 
faid trial ; but in fuch cafe, he (hall not re- 
ceive, nor be entitled to any part or (hare of 
the faid penalty dr forfeiture ; and the part 
or (hare, to which he would otherwife have 
been entitled, (hall accrue to the United 
States, 



3 

when this Sec. 30. .And be it further enabled. That 

takefte<a, from and after the laft day of March next, 

&c - this act fliall be in full force and effect ; and 

fo much of the act, intitled, " An act for re- 

giftering and clearing veflels, regulating the 

coafting trade, and for other purpofes," as 

comes within the purview of this act, mall, 

after the faid laft day of March, be repealed. 

JONATHAN TRUMBULL, Speaker 

of the Houfe of Reprefentatives. 
JOHN ADAMS, Vice-Prefident of the United 

States, and Prejiclent of the Senate. 
APPROVED, thirty-firft December, 1792 : 
GEORGE WASHINGTON, 

Prefident of the United States. 



CHAPTER II. 

An Ad to amend an Act, intitled " An Ad ef- 
tablifhing a Mint, and regulating the Coins of 
the United States " fo far as refpeds the 
Coinage of Copper. 

BE // enaded by the Senate and Houfe of Re- 
prefentatives of the United States of A?ne- 
rlca in Congrefs ajfe?nbled, That every cent mail 
contain two hundred and eight grains of cop- 
per, and every half cent mall contain one hun- 
dred and four grains of copper ; and that fo 
much of the act, intitled " An act eftablifh- 
ing a Mint, and regulating the Coins of the 
United States," as refpects the weight of cents 



C '59 ] 

and half cents, (hall be, and the lame is here- 
by repealed. 

JONATHAN TRUMBULL, Speaker 

of the Houfe of Reprefe?itati-ves. 
JOHN ADAMS, Vice-Prcfident of the United 

States, and Prcfidcnt of the Senate. 
APPROVED, January fourteenth, 1793 : 
GEORGE WASHINGTON, 
Prcfidcnt of the United States. 



C H A P T E R III. 

An Act to provide for the Allowance of Inter cfc 
on the Sum ordered to be paid by the Rcfolve 
ofCongrefs, of the twenty-eighth of September^ 
one thoufand feven hundred and eighty-five., as 
an Indemnity to the Perfons therein named. 

(PRIVATE.} 



CHAPTER IV. 

An Act to continue in Force for a limited Time, 
and to amend the Act, intitled " An Aft pro- 
viding the Means of Inter coiirfe between the 
United States, and Foreign Nations. 

Sec. i. "O> E it enabled by the Senate and 
JO Houfe of Reprefentatives of the 
United States of America in Congrefs affembled^ 
That the ad, intitled " An ad providing the 
means of intercourfe between the United States 



C 

and foreign nations," which would expire at 
the end of the prefent feffion of Congrefs, be, 
and the fame hereby is, together with this ad, 
continued in force for the fpace of one year, 
from the paffing of this aft, and from thence, 
until the end of the feffion of Congrefs then, 
or next thereafter holden, and no longer. 

Account! Sec. 2. And be it further entitled, That in 
how C and a ^ ca f e8 5 where any fum or fums of money 
when fet- have ifTued, or fhall hereafter illue, from the 
Treafury, for the purpofes of intercourse or 
treaty, with foreign nations, in purfuance of 
any law, the Prefident mail be, and he hereby 
is authorized to caufe the fame to be duly fet- 
tled annually with the accounting officers of 
the Treafury, in manner following, that is to 
fay ; by caufing the fame to be accounted for, 
fpecifically, in all inftances, wherein the ex- 
penditure thereof may, in his judgment, be 
made public ; and by making a certificate or 
certificates, or caufing the Secretary of State 
to make a certificate or certificates of the a- 
mount of fuch expenditures, as he may think 
it advii r able not to fpecify ; and every fuch 
certificate fhall be deemed a fufficient voucher 
for the fum or fums therein expreffed to have 
been expended. 

JONATHAN TRUMBULL, Speaker 

of the Houfe ofReprefentatives. 
JOHN ADAMS, Vice-Prefident of the United 

States, and Prefident of the Senate. 
APPROVED, February ninth, 1793: 

GEORGE WASHINGTON, 
Prefident of the United States, 



CHAPTER V. 

An Act regulating Foreign Coins > and for other 
Pitrpofes. 

Sec. i. ID E ^ entitled by the Senate and 

t> 



Houfe of Reprefentatives of the 
United Slates of America in Congrcfe ajjcmbled^ Rates of fo 
That from and after the firft day of July next, 
foreign gold and filver coins fhall pafs current 
as money within the United States, and be a 
legal tender for the payment of all debts and 
demands, at the feveral and refpedive rates 
following, and not other wife, viz. The gold 
coins of Great-Britain and Portugal, of their 
prefent ftandard, at the rate of one hundred 
cents for every twenty-feven grains of the ac- 
tual weight thereof; the gold coins of France, 
Spain and the dominions of Spain, of their 
prefent ftandard, at the rate of one hundred 
cents for every twenty feven grains and two 
fifths of a grairip of the aftual weight thereof. 
Spanifh milled dollars, at the rate of one hun- 
dred cents for each dollar, the actual weight 
whereof mail not be lefs than feventeen penny 
weights and feven grains ; and in proportion 
for the parts of a dollar. Crowns of France, 
at the rate of one hundred and ten cents, for 
each crown, the actual weight whereof, fhall 
not be lefs than eighteen penny weights and 
jeventeen grains, and in proportion for the 
parts of a crown. But no foreign coin that 
may have been, or fhall be iflued fubfequent 
to the firft day of January, one thoufand fe- 
ven hundred and ninety-two, fhall be a ten- 
der, as aforefaid, until famples thereof fhall 
have been found, by aflay, at the mint cf the 
United States, to be conformable to the ret- 
Vor.. II. X 



C 162 ] 

pective ftandards required, and proclamation 
thereof mall have been made by the Prefident 
of the United States. 

When all Sec. 2. Provided always ) and be it further 
cepTspL emitted^ That at the expiration of three 'years 
nith dollars next eiifuing the time when the coinage of gold 
a be c awu- and filveT, agreeably to the ad, intitled, " An 
<ter act eflablifhing a mint, and regulating the 

coins of the United States," fhall commence 
at the mint of the United States, (which time 
fhall be announced by the proclamation of the 
Prefident cf the United States) all foreign 
gold coins, and all foreign filver coins, except 
Spanifh milled dollars and parts of fuch dol- 
lars, fhall ceafe to be a legal tender, as afore- 
faid. 

Other fo- . Sec. 3. And be it further enafted. That all 
to'be coin- f re ig n gld and filver coins, (except Spanifh 
cd anew, milled dollars, and parts of fuch dollars) which 
fhall be received in payment for monies due 
to the United States, after the faid time, when 
the coining of gold and filver coins mail be- 
gin at the mint of the United States, mall, 
previoufly to their being ifTued in circulation, 
be coined anew, in conformity to the act, in- 
titled " An act eftablifhing a mint and regula- 
ting the coins of the United States." 

After i ft of Sec. 4. And be it further enacted r , That 

Ju ll^c"of fr m anc * a * ter t ^ le ^ r ^ ^ a y f J u ty next > tne 

a certain fifty- fifth feclion of the aft, intitled, " An acl 
fo^e^n 1 " 2 to Provide more effectually for the collection 
coin, 're- of the duties impofed by law on goou. 'ires 
and merchandize imported into the United 
States," which afcertains the rates at which 
foreign gold and filver coins fhall be received 
for the duties and fees to be collected in virtue 
of the faid act, be, and the fame is hereby re- 
pealed. 



C 163 ] 

\ 

Sec. c. And be it further enabled, That the Array of 

-i 11 i- n. * 1 J coins when 

anay, provided to be made by the act, mtitled, to com _ 
" An act eflablifhing a mint, and regulating 
the coins of the United States," (hall com- 
mence in the manner as by the laid acl is pre- 
fcribed, on the fecond Monday of February, 
annually, any thing in the faid act to the con- 
trary notwithstanding. 

JONATHAN TRUMBULL, Speaker 

of thj Houfe ofReprcfentatives. 
JOHN ADAMS, Vicc-Prefident of the Uniteg 

States, and Prefident of the Senate. 
APPROVED, February ninth, 1793 : 

GEORGE WASHINGTON, 
Prefident of the United States. 



CHAPTER VI. 

An Ad 'relative to Claims againft the United 
States, not barred by any Aft of Limitation, 
and which have not been already adjufted. 

Sec. i . T5 E it enacled by the Senate and Houfe 

JL^ of Reprefentatives of the United Limitation 
States of America In Comrefs affembled, That of certain 

n i i TT * "< f r claims a- 

all claims upon the United States, for fervices ga j n ft u.s. 
or fupplies, or for other caufe, matter or thing, to ift 
furnifhed or done, previous to the fourth day 
of March, one thoufand feven hundred and 
eighty-nine, whether founded upon certificates, 
or other written documents from public offi- 
cers, or otherwife, which have not already 
been barred by any act of limitation, and 
which mall not be preferred at the treafury, 



before the firfl day of May, one thoufancl fe- 
ven hundred and ninety-four, fhall forever af- 
ter be barred and precluded from i'ettlement 
or allowance : Provided, That nothing here- 
in contained, ihall be conftrued to affect loan 
office certificates, certificates of final fettlement, 
indents of interefi:, balances entered in the 
books of the Regifler of the Treafury, certifi- 
cates iflued by the Regifler of the Treafury, 
commonly called regiftered certificates, loans 
of money obtained in foreign countries, or 
certificates iflued purfuant to the act, intitled, 
" An act making provifion for the debt of 
the United States :" And provided further, 
That nothing herein contained, {hall be con- 
ftrued to prohibit the proper officers of the 
treafury from demanding an account or ac- 
counts to be rendered, for any monies hereto- 
fore advanced, and not accounted for, or from 
admitting, under the ufual forms and reflric- 
tions, credits for expenditures, equal to the 
turns which have been fo advanced. 

Sec. 2. And be it further cnaded, That it 
fhall be the duty of the Auditor of the Trea- 
fury, to receive all fuch claims aforefaid, 

cord of nave not Deen heretofore barred by any act 
P rc- O f limitation, as fhall be prefented before the 
time aforefaid, with the certificates, or other 
documents in fupport thereof, and to caufe a 
record to be made of the names of the perfons, 
and of the time when the faid claims are pre- 
fented ; which record fhall be made in the 
prefence of the perfon or perfons prefenting 
the fame, and {hall be the only evidence that 
the faid claims were prefented, during the 
time limited by this act. 

officers of Sec. 3. And be it further enafted, That it 
be the duty of the accounting officers of 



Auditor 
how to 
keep re- 



tented. 



ia . 



C 165 ] 

the treafury, to make reoort to Congrefs, upon congref 
all fuch of the faid claims, as {hall not be al- j d 
lowed to be valid, according to the ufual forms valid. 
of the treafury. 

JONATHAN TRUMBULL, Speaker 

of the Houfe of Representatives. 
JOHN ADAMS, Vice-Prefidcnt of the United 

States, and Prcfidcnt of the Senate. 
APPROVED, February twelfth, 1793 ' 

GEORGE WASHINGTON, 

Prefidcni (.ft he United States. 



CHAP T E R VII. 

An Ad rcf peeling Fugitrjcs from Juflice^ and 
Pcrfons efcaping from the Service of their 
M afters. 

Sect. i"D E ' lt matted by the Senate and Houfe 
JL$ of Reprefentati-ves of the United 
S rates of America^ in Congrefs affcmbled^ That 
whenever the executive authority of any flate 
in the Union, or of either of the territories 
north-weft or ibuth of the river Ohio, (hall ^ and &- 
demand any perfon as a fugitive from juflice, 
of the executive authority of any fuch Hate or 
territory to which fuch perfon ihali have lied, 
and (hall moreover produce the copy of an in- 
dictment found, or an affidavit made before a 
magiftrate of any (late or territory as aforefaid, 
charging the perfon fo demanded, with having 
committed treafon, felony or other crime, 
certified as authentic by the governor or chief 
magiftfate of the flate or territory from 
whence the perfon fo charged, fled, it fhall be 
the duty of the executive authority of the (late 
or territory to which fuch perfon -fiiall have 
fled, to caufe him or her to be arrefted and fe 



[ ,66 ] 

cured, and notice of the arreft to be given to . 
the executive authority making fuch demand, 
or to the agent of fuch authority appointed to 
receive the fugitive, and to caufe the fugitive 
to be delivered to fuch agent when he mail 
appear : But if no fuch agent lhall appear 
\vithin fix i lonths from the time of th-e arreft, 
the prifoner may be difcharged. And all cods 
or cxpenfes incurred in the apprehending, fe- 
curing, and tranfmitting fuch fugitive to the 
ftate or territory making fuch demand, (hall 
be paid by fuch (late or territory. 

Penalty on Sec. 2. And be it further crwFied, That any 
perfons r<f agent appointed as aforefaid, \vlio fhall receive 
l ' the fugitive into his cuftody, (hall be empow- 
ered to tranfport him or her to the ftate or 
territory from which he or me mall have fled. 
And if any perfon or perfons fhall by force 
iet at liberty, or refcue the fugitive from fuch 
agent while tranfporting, as aforefaid, the per- 
fon or perfons fo offending fhall, on conviction, 
be fined not exceeding five hundred dollars, 
and be imprifoned not exceeding one year. 
Proceed- Sec. 3. And he it a/Jo enafted. That 
ings to be w h en a perfon held to labour in any of the 

had on ef - _ T . , _f . . , r , J . 

capeofpcr- United States, or in either ot the territories 
toTabor d on ^ ie n i" tn - we ^ or fouth of the river Ohio, 
under the laws thereof, fhall efcape into any 
other of the faid ftates or territory, the perfon 
to whom fuch labour or fervice may be due, 
his agent or attorney, is hereby empowered 
to feize or arreft fuch fugitive from labour, 
and to take him or her before any judge of the 
circuit or diflricl courts of the United States, 
refiding or being within the ftate, or before 
a_-iy magi (irate of a county, city or town cor- 
porate, wherein fuch seizure or arreft mall be 
made, and upon proof to the fatisfaclion of 



fiich judge or magiilrate, either by oral tefli- 
mony or affidavit taken before and certified by 
a magiitrate of any fuch (late or territory, 
that the perfon fo feized or arrefted, doth, un- 
der the laws of the ftate or territory from ' 
which he or fhe fled, owe fervice or labour to 
the perfon claiming him or her, it ihall be the 
duty of fuch judge or magistrate to give a cer- 
tificate thereof to fuch claimant, his agent or 
attorney, which (hall be fufficicnt warrant for 
removing the faid fugitive from labour, to the 
flate or territory from which h~ or fhe fled. 

Sec. 4. And be it further ^enacted ^ That any Penalty on 
perfon who fliall knowingly and willingly ob- JSwS? 
flruct or hinder fuch claimant, his agent or of fugitives 
attorney in fo feizing or arrefling fuch fugi- from labor * 
tive from labour, or ihall refcue Inch fugitive 
from fuch claimant, his agent or attorney 
when fo arrefled purfuant to the authority 
herein ^iven or declared ; or mall harbour or 
conceal fuch perfon after notice that he or fhe. 
was a fugitive from labour, as aforeiaid, (hall, 
for either of the faid offences, forfeit and pay 
the fum of five hundred dollars. Which pe- 
nalty may be recovered by and for the benefit 
of fuch claimant, by action of debt, in any 
court proper to try the fame ; faving moreover 
to the perfon claiming fuch labour or fervice, 
his right of aclion for or on account of the 
faid injuries or either them. 

JONATHAN TRUMBULL, Speaker 

of the PIcufc of Representatives. 
JOHN ADAMS, Vice-Prefident of the United 

Stales, and Prefidcnt of the Senate* 
APPROVED, February twelfth, 1793 : 
GEORGE WASHINGTON, 
Prcfiderit of the United States. 



CHAPTER VIII. 

An Aft for enrolling and licenfmg Ships or Vcf- 
fels to be employed in the CoajTing Trade and 
Fifloeries, and for regulating the fame. 

Sec. i. ~T) E it enabled bj the Senate and 
j Houfe of Reprefenttttwes of the 
"United States of America^ in Con^refs affembled^ 
e" PS That * hi P s or veirels ' enrolled by virtue of 
ed of An aft for regiilering and clearing veffels, 
ted regulating the coafting trade, and for other 
purpofes," and thofe of twenty tons and up- 
wards, which fhall be enrolled after the lait 
day of May, next, in puriuance of this aft, and 
having a licence in force, or if lefs than twen- 
ty tons, not being enrolled fhall have a licence 
in force, as is. hereinafter required, and no 
others, fhall be deemed (hips or vefTels of the 
United States, entitled to the privileges of (hips 
or veffels employed in the coafling trade or 
fifheries. 

ships' ^0 Sec. 2. And be it farther enacted^ That 
pofiefc the from and after the lad day of May next, in 
rSJSrcdby .'order for the enrolment of any fhip or yef'fel, 
a certain fhe mail poffefs the fame qualifications, and 
the fame requiiites, in all refpecls, mail be 
complied with, as are made necefiary for re- 
giftering mips or vefl'els, by the aft, intitled, 
cc An aft concerning the registering and re- 
Cording of fhips or veffels," and the fame du- 
ties and authorities are hereby given and im- 
pofed on all officers, refpeclively, in relation 
t ofetalp to f ucn enrolments, and the fame proceedings 
enrolment, fhall be had, in fimilar cafes, touching fuch 
enrolments ; and the fhips or veflels fo enrol- 
led, with the mafler, or owner or owners there- 
of, fhall be fubjeft to the fame requifites, as 



C '6 9 3 



are in thofe refpefts provided for veflels regif- 
feted by virtue of the aforefaid act ; the record 
of which enrolment mall be made, and an ab- 
ftract or copy thereof granted, as nearly as 
may be, in the form following : " Enrolment Formof r* 
in conformity to an aft of the Congrefs of the 
United States of America, intitled " An act 
for enrolling and licenfmg (hips or veflels, to 
be employed in the coafting^trade and fifhsries, 
and for regulating the fame" [infer ting here 
the name of the perfon with his occupation 
and place of abode, by whom the oath or af-. 
firmation is to be made'] having taken and 
fubfcribed the oath (or affirmation) required 
by this act, and having fworn (or affirmed) 
that he (or me, and if more than one owner, 
adding the words " together with," and the 
name or names, occupation or occupations, 
place or places of abode, of the owner or own- 
ers) is, (or are) a citizen (or citizens) of the 
United States, and fole owner (or owners) of 
the {hip or veflel, called the [inferting here 
her name] of [inferting here the name of the 
port, to which (he may belong] whereof [in- 
ferting here the name of the matter] is at pre- 
fent mailer, and is a citizen of the United 
States, and that the faid {hip or veflel was [in- 
ferting here when and where built] and [in- 
ferting here, the name and oflice, if any, of 
the perfon, by whom (he fhall have been fur- 
veyed, or admeafured] having certified, that 
the faid {hip or veflel has [inferting here, the 
number of decks] and [inferting here, the 
number of mafls] and that her length is [in- 
ferting here, the number of feet] her breadth 
[inferting here, the number of feet] her depth 
[inferting here, the number of feet] and that 
fhe meafures [inferting here, her number of 

VOL. II. Y 



On what 
tondiritms 
collectors 
nay carol 
veflcls. 



[ i; 3 

tons] that flie is [defcribing here, the particu- 
lar kind of vefiel, whether fhip, brigantine, 
ihow, fchooner, Hoop, or whatever elie, toge- 
ther with her built, and fpecifying, whether 
fhe has any or no gallery or head] and the faid 
[naming the owner, or the mailer, or other 
perfon acting in behalf of the owner or owners, 
by whom the certificate of admealurement mail 
have been counterfigned] having agreed to the 
description and admeafurement above fpecifi- 
ed, and fufficient iecurity having been gj^yen, 
according to the faid act, the faid fliip or veffd 
has been duly enrolled, at the port of ['naming 
liie port where enrolled] Given under my 
hand and feal, at [naming the laid port] this 
[inferring the particular day] day of [naming 
the month] in the year, [fpecifying the num- 
ber of the year, in words at length.]" 

Sec. 3. And be it further cnacled. That it 
mall and may be lawful for the collectors of 
the fcveral diftricls, to enrol and licenfe any 
ihip or vefiel, that may be regiftered, upon fiich 
regiflry being given up, or to regifler any fhip 
or veflel, that may be enrolled, upon fuch en- 
rolment and licenfe being given up. And when 
;vny fhip or veilel {hail be in any other diftrift, 
than the one, to which me belongs, the col- 
lector of fuch cliftricT:, on the application of 
the m after or commander thereof, and upon 
his taking an oath or affirmation, that, accord- 
ing to his beft knowledge and belief, the pro- 
perty remains, as expreiled in the regifter or 
enrolment propofed to be- given up, and upon 
his giving the bonds required for granting rc- 
jafters, iha.ll make the exchanges aforeiaid; 
but in every fuch cafe, the collector, to whom 
the regifter, or enrolment and licence may be 
riven up, mail tranfmit the fame to the regif- 
isr of the treafuryj and the regifter, or enrol- 



I 7 I J 



ment and licence, granted in lieu thereof, fhaU, 
within ten days after the arrival of fuch fhip or 
veilel within the dittrict, to which fhe belongs, 
be delivered to the collector of the Add clif- 
trict, and be by him cancel]--.!. And if the 
faid mutter or commander mall neglecl to de- 
liver the laid regifter or enrolment and licence, 
within the time aibrefaid, he mall forfeit one 
hundred dollars. 

Sec. 4. And be it further cnaclcd, That in And 
order to the licenfnig of any (hip or veflel, for 
carrying on the coaiting trade or fifherics, the 
faufbanii, or managing owner, together with 
the mailer thereof, with one or more furetics 
to the fatisfaction of the collector granting the 
fame, mail become bound to pay to the United 
States, if fuch fhip or veilel be of the burthen 
of live tons, and leis than twenty tons, the fmu 
of one hundred dollars ; and if twenty tons, 
and not exceeding thirty tons, the fum of t\ 
hundred dollars; and if above thirty tons, and 
not exceeding fixty tons, the fum of live hun- 
dred dollars ; and if above fixty tons, the fum 
of one thoufand dollars, in cafe it mail ap- 
pear, within t\vo years from the date of th-j 
bond, that fuch fhip or veffel has been employ- 
ed in any trade, whereby the revenue of the 
United States has been defrauded during tlu 
time, the licence granted to fuch fhip or veilU 
remained in force; and the matter of fuch fhip 
or veilel fhall alfo fwear, or affirm, that he i;> 
a citizen of the United States, and that fuch 
licenfe fhall not be ufed for any other veilel, 
or any other employment, than that, for which 
it is fpecially granted, or in any trade or buii- 
nefs, whereby the revenue of the United States 
may be defrauded ; and if fuch fliip or veflbl 
be lefs than twentv tons burthen, the hufband 



t w 3 



or managing owner mall fwear or affirm, that 
ihe is wholly the property of a citizen or citi- 
zens of the United States ; whereupon it {hall 
be the duty of the collector of the diftrict 
comprehending the port, whereto fuch Ihip or 
veffel may belong, (the duty of fix cents, per 
ton being firfl paid) to grant a licence, in the 
form following : " Licence for carrying on the 
[here infert, coafling trade, whale fifhery, or 
cod fimery, as the cafe may be]. 

" ^ n purfuance of an act of the Congrefs 
licence to of the United States of America, intitled " An 
-&& f r enrom * n g and licenfing mips or veffels 
to be employed in the coafling trade and fifh- 
eries, and for regulating the fame," (infer ting 
here the name of the hufband or managing 
owner, with his occupation and place of abode, 
and the name of the mafter, with the place 
of his abode) haying given bond, that the (in- 
fert here, the description of the veffel, whether 
ihipjbrigantine, fnow,fchooner, {loop, .or what- 
ever elfe ihe may be,) called the (infert here, 
the veffel's name) whereof the faid (naming 
the mafter) is mafter, burthen (infert here, the 
number of tons, in words) tons, as appears by 
her enrolment, dated at (naming the diftricl, 
day, month and year, in words at length (but 
if me be lefs than twenty tons, infert, inftead 
thereof) proof being had of her admeafurement 
fhall not be employed in any trade, while this 
licence fhall continue in force, whereby the re- 
venue of the United States (hall be defrauded, 
and having alfo fworn (or affirmed) that this 
licence mail not be ufed for any other veffel, or 
for any other employment, than is herein fpe- 
cified, licence is hereby granted for the faid 
(inferring here, the defcription of the veffel) 
Called the (inierting here the veffel's name) 



C 173 3 

to be employed in carrying on the (inferting 
here, coafting trade, whale fifliery, or cod 
fifhery, as the cafe may be) for one year from 
the date hereof, and no longer : Given under 
my hand andfe?.!, at (naming thefaid diftricl:) 
this (inferting the particular day) day of (nam- 
ing the month) in the year (fpecifying the 
number of the year in words at length)." 

Sec. 5. And be It further cnaded. That no 
licence, granted to any fhip or veffel, mall be fludi be 
confidered in force, any longer than fuch fhip jfeemed 

rr i i r i i r r *rce. 

or veilel is owned, and or the deicnption let 
forth in fuch licence, or for carrying on any 
other bufmefs or employment, than that for 
which (he is fpecially licenced, and if any fhip 
or veffel be found with a forged or altered li- 
cence, or making ufe of a licence granted for 
any other fhip or veffel, fuch fhip or veffel, with 
her tackle, apparel, and the cargo found on 
board her, iliall be forfeited. 

Sec. 6. And be it further cnaclcd^ That af- Certain 
ter the lad day of May next, every fhip or ^mpUin 
Veffel of twenty tons or upwards (other than with this 
fuch as are regiitered) found trading between ad> 
diflricl: and diitrict, or between different places 
in the fame diftricl:, or carrying on the fithery, 
without being enrolled and licenced, or if lefs 
than twenty tons, and not lefs than five tons, 
without a licence, in manner as is provided 
by this aft, fuch fhip or veffel, if laclen with 
goods, the growth or manufacture of the Uni- 
ted States only (diftilled fpirits excepted) or 
in ballaft, {hall pay the fame fees and ton- 
nage in every port of the United States, at 
which me may arrive, as fhips or veffel s not 
belonging to a citizen or citizens of the United 
States, and if fhe have on board any articles 
4>f foreign growth or manufacture, or diftillcd 



[ 174 ] 






Collectors 



for- fpirits, other than fea-ftores, the ihip or veffel, 
together with her tackle, apparel and furni- 
ture, and the lading found on board, (hall be 
forfeited : Provided^ however, if fuch {hip or' 
velfel be at fea, at the expiration of the time, 
for which the licence was given, and the maf- 
ter of fuch fhip or veflel mall fwear or affirm 
that fuch was the cafe, and fhall alfo within 
forty-eight hours after his arrival deliver to 
the collector of the diftrict in which he fhall 
firfl arrive the licence which fhall have ex- 
pired, the forfeiture aforefaid mall not be in- 
curred, nor mall the fhip or vefiel be liable to 
pay the fees and tonnage aforefaid. 

Sec. 7. And be it further enaftcd, That the 

colle ^ or f each diftri ft al1 progreffively 
number the licences by him granted, beginning 
anew at the commencement of each year, and 
fhall make a record thereof in a book, to be 
by him kept for that purpofe, and fhall, once 
in three months, tranfmit to the Regifter of 
the treafury, copies of the licences, which 
fhall have been fo granted by him ; and alfo 
of fuch licences, as frail have been given up 
or returned to him, refpedively, in purfuance 
of this act. And where any fhip or veffel fhall 
be licenced, or enrolled anew, or being licenced 
or enrolled, fhall afterwards be regiftered, or 
being regiftered, (hall afterwards be enrolled, or 
-licenced, (he fhall, in every fuch cafe, be enrol- 
led, licenced or regiitered by her former name. 

YcfTJs b^- S GC - 8- And be it further enacted \ That if 
fore pro- any fliip or veifel, enrolled or licenced, as afore- 
fc*d, fhall proceed on a foreign voyage, with- 
out nrit giving up her enrollment and licence, 
to the collector of the diftrift comprehending 
the port, from which flie is about to proceed 
on fuch foreign voyage, and being duly re- 



voyage 



obtain re- 
6lfter 



C 175 3 

grftered by fuch collector, every fuch fhip or 
veflel, together with her tackle, apparel and 
furniture, and the goods, wares and merchan- 
dize, fo imported therein, fhall be liable to 
ieizure and forfeiture : Provided always, if 
the port, from which fuch fhip or vellel is 
about to proceed on fuck foreign voyage, be 
not within the diftrict, where fuch fhip or 
vellel is enrolled, the collector of fuch dif- 
trict mail give to the mailer of fuch (hip or 
veflel a certificate, fpecifying that the enrol- 
ment and licence of fuch fliip or veflel is re- 
ceived by him, and the time when it was fo 
received ; which certificate fhall afterwards be 
delivered by the laid matter to the collector, 
who may have granted fuch enrolment and 
licence. 

Sec. 9. And belt further enabled ^ That the 
licence, g- anted to any fhip or vclfel, fhall be 
given up to the collector of the diftrict, who i 
may have granted the fame, within three days 
after the expiration of the time, for which it 
was granted, in cafe fuch fhip or veflel be then 
within the diftricl:, or if fhe be abfent, at that 
time, within three days from her firfl arrival 
within the diftricl: afterwards, or if me be fold 
out of the diftricl, within three days after the 
arrival of the mafter within any cliftrict, to the 
collector of fuch diftrict taking his certificate 
therefor ; and if the mafter thereof fhall ne- 
glect, or refufe fo deliver up the licence, as 
aforefaid, he fhall forfeit fifty dollars ; but if 
fuch licence fhall have been previoufly given 
up to the collector of any other diftrict, as au- 
thorized by this act, and a certificate thereof 
under the hand of fuch collector, be produced 
by fuch mafter, or if fuch licence be loft, or 
deftroyed, or unintentionally millaid, fo that 



[ , 7 6 ] 

it cannot be found, and the mafter of fuch fLip 
or veflel fhall make and fubfcribc an oath or 
affirmation, that fuch licence is loft, deftroy- 
ed, or unintentionally miflaid, as he verily be- 
lieves, and that the fame, if found, mail be 
delivered up , as is herein required , then the 
aforefaid penalty fhall not be incurred. And 
if fuch licence mall be loft, deftroyed, or un- 
intentionally miilaid, as aforefaid, before the 
expiration of the time, for which it was gran- 
ted, upon the like oath or affirmation being 
made and fubfcribed by the mailer of fuch fhip 
or veflel, the faid collector is hereby autho- 
rized and required, upon application being 
made therefor, to licence fuch fhip or veflel 
anew. 

when own- Sec. i o. And be it further enabled. That it 
canccTV fhall and may be lawful for the owner or own- 
cence,and ers o f an y Jicenfed fhip or veflel, to return 
" 1 NV fuch licence to the collector who granted the 
fame, at any time within the year, for which 
it was granted, who fhall thereupon, cancel 
the fame, and fhall licence.fuch veflel anew, 
upon the application of the owner or owners, 
and upon the conditions herein before requir- 
ed, being complied with ; and in cafe the 
term, for which the former licence was grant- 
ed, mall not be expired, an abatement of the 
tonnage of fix cents per ton fhall be made, in 
the proportion of the time fo unexpired. 

Sec. 1 1 . And be it further enaffed, That 
everv licenced fhip or veflel fhall have her 
and port name, and the port to which me belongs, 
the" ftern" P amte( l on ner feni, in the manner as is pro- 
vided for regiftered fhips or veflels, and if any 
licenced (hip or veflel be found, without fuch 
painting, the owner or owners thereof fhaH 
pay twenty dollarsr 







C 77 3 

Sec. 12. And be it further enaclcd^ That Proci- 
'cvhen the mailer of any licenced fhip or veifel, S^n^Tef 
ferry boats exempted, fhall be changed, the mailer* pf 
new mailer, or, in cafe of his abfence, the 
owner or one of the owners thereof, fhall re- 
port fuch change to the collector refiding at 
the port where the fame may happen, if there 
be one, otherwife, to the collector refiding at 
any port, where fuch fhip or veffel may next 
arrive, who, upon the oath or affirmation of 
fuch new mailer, or in cafe of his abience, of 
the owner or one of the owners, that he is a 
citizen of the United States, and that fuch 
fhip or veflfel fhall not, while fuch licence con- 
tinues in force, be employed in any manner, 
whereby the revenue of the United States may 
be defrauded, mall endorfe fuch change on 
the licence, with the name of the new mailer ; 
and when any change fhall happen, as afore- 
faid, and fuch change fhall not be reported, 
and the endorfement made of fuch change, as 
is herein required, fuch fhip or veifel, found 
carrying on the coailing trade or fifheries, 
fhaii be fubjecl to pay the fame fees and ton- 
rage, as a veifel of the United States, having 
a regiiler, and the faid new mailer fhall forfeit 
and pay the ium often dollars. 

Sec. 13. And be it further cnafted, That it By 
ihail be lawful, at all times, for any officer enrolment* 
concerned in the collection of the revenue, to 
infpecl the enrolment or licence of any fhip or 
veiTel ; and if the mailer of any fuch fhip or veffel 
fhall not exhibit the fame, when thereunto re- 
quired by fuch officer, he fhall pay one hun- 
dred dollars. 

Sec. 1 4. And be it further enafted, That the 
matter or commander of every fhip or veifel 
licenced for carrvin^ on the coafling trade, 

VOL. II. Z 



wem 



C 178 3 

Duty of deftined from a diflrict in one ftate, to a dif- 
tricl in the fame, or an adjoining ft ate on the 
fea coaft, or on a navigable river, having on 
board, either- diftilled fpirits in calk* exceed- 
board dif- ing five hundred gallons, wine in calks exceed- 
ritsf&e?"" m g two hundred and fifty gallons, or in bot- 
tles exceeding cue hundred dozens, fugar 
in cafks or boxes exceeding three thoufand 
pounds, tea in chefts or boxes exceeding five 
hundred pounds, coffee in calks or bags ex- 
ceeding one thoufand pounds, or foreign mer- 
chandize in packages, as imported, exceeding 
in value four hundred dollars, or goods, wares 
exceeding or merchandize, confiding of fuch enumera- 
in value te j or O (-| ler articles of foreign growth or ma- 

600 dollars. o o 

nuiacture, or or both, whole aggregate value 
exceeds eight hundred dollars, mail, previous 
to the departure of fuch fliip or veifel, from 
the port where flie may then be, make out and 
to make fubfcribe duplicate manifefts of the whole of 
outdupii- f uc h cargo on board fuch (hip or veiTel, fpe- 
cifying in fuch manifefts, the marks and num- 
bers of every calk, bag, box, cheft or package 
containing the fame, with the name and place 
of refidence of every (hipper and confignee, 
and the quantity iliipped by and to each,, and 
if there be a Qolle&or or furveyor, refiding at 
fuch port, or within five miies thereof, he (hall 
deliver fuch manifeits to the collector, if there 
be one, otherwife to the furveyor, before whom 
he (hall fwear or affirm, to the bed f his 
knowledge and belief, that the goods therein 
contained were legally imported, and the du- 
ties thereupon paid or fecurea, or if fpirits 
diftilled within the United States, that the du- 
ties thereupon have been paid or fecured, 
whereupon the faid collector or furveyor fhall 
certify the lame on the laid manifefts, one of 



ma 



t '79 } 

which he fhall return to the faid matter, with 
a permit, fpecifying thereon, generally, the 
lading on board fuch ibip or veffel, and au- 
thorizing him to proceed to the port of .his 
deflination. And if any i"hip or veffel, being 
laden and deflmcd, as aforefaid, frail depart 
from the port where (he may then be, without 
the mafter or commander having firfl made 
out and fubfcribed duplicate manifefts of the 
lading on board fuch fhip or veffel, and in cafe 
there be a collector or furveyor refiding at 
fuch port, or within five miles thereof, without 
having previoufiy delivered the fame to the 
faid collector or furveyor, and obtaining a 
permit, in manner as is herein required, fuch 
maiter or commander mall pay one hundred 
.dollars. 

Sec. 15. And be It further cnacled^ That the Duty of 
mailer or commander of every fhip or veffel matters of 
licenced for carrying on the coafting trade, C o5ng 
having on board, either diftilled fpirits in calks vefi ~ ds hav - 
exceeding five hundred gallons, wine in cafks holid OH- 
exceeding two hundred and fifty gallons, or tilled ipi- 
in bottles exceeding one hundred dozens, fu- 
gar in cafks or boxes exceeding three thou- 
fand pounds, tea in chefts or boxes exceeding 
five hundred pounds, coffee in cafks or bags 
exceeding one thoufand pounds, or foreign 
merchandize in packages, as imported, exceed- 
ing in value four hundred dollars, or goodsj 
wares or merchandize, confiding of fuch enu- 
merated or other articles of foreign growth or 
manufacture, or of both, whofe aggregate va- 

excceds eight hundred dollars, and arri- 
ving from a diitrict in one ilate, at a diftricl: in 
the fame or an adjoining itate on the fea-coaft, 
or on a navigable river, fhall, previous to the 

.ding of any -part of the cargo r.f firh fhip. 



[ iSo ] 

of dr veffel, deliver to the colle&or, if there be 
of O ne, or if not, to the furveyor refiding at the 
P ort f her arrival, or if there be no collector 
- O r furveyor refiding at fuch port, then to a 
collector or furveyor, if there be any fuch of* 
tilled fpi- ficer, refiding within five miles thereof, the 
us, &c. mall jf e fl- O f t ne cargo, certified by the collec- 
tor or furveyor of the diftrict from whence 
fi\e failed (if there be fuch manifeft) otherwife 
the duplicate manifefts thereof, as is herein 
before directed, to the truth of which, before 
fuch officer, he (hall fwear or affirm. And if 
there have been taken on board fuch fhip or 
TTeffel, any other or more goods, than are con- 
tained in fuch manifefl or manifefls, fince her 
departure from the port, from whence me firft 
failed, or if any goods have been fince land- 
ed, the faid mafter or commander {hall make 
known and particularize the fame to the faid 
collector or furveyor, or if no fuch goods have 
been fo taken on board or landed, he mail fo 
declare, to the truth of which he mail (wear 
or affirm : Whereupon, the faid colledor or 
furveyor fliall grant a permit for unlading a 
part, or the whole of fuch cargo, as the faid 
mafter or commander may requeft. And if 
there be no collector or furveyor, refiding at, 
or within five miles of the laid port of her ar- 
rival, the mafter or commander of fuch (hip or 
veffel may proceed to difcharge the lading from. 
Cn board fuch fhip or veHel, but (hall deliver 
to the collector or furveyor, refiding at the 
firft port, where he may next afterwards ar- 
,ive, and within twenty four hours of his ar- 
rival, the mamieft or manifefts aforefaid, no- 
,ing thereon the times when, and places where, 
the goods, therein mentioned, have been un- 
Iaden 3 to the truth of which, before the faid 



i 

la ft mentioned collector or furveyor, he mail 
fwear or affirm ; and if the mafter or comman- 
der of any fr.ch ihip or veffel, being laden as 
vforefaid/ fhall neglect cr refute to deliver the 
manifeft or manifefts, at the times, and in the 
manner, herein directed, he fhall pay one hun- 
dred dollars. 

Sec. 1 6. And be It further ena fted> That the *^ty of 
mafter or commander of every {hip or veffel, "^-j r \. r . 
licenced for carrying on the coafting trade, tined^voin 
and being deftined from any dii'trict of the toother 
United States, to a diftrict other than a dif- lli D j dif - 

n \ r T n r tnSl in the 

trier in the fame, or an adjoining Irate, on the ( amc or au 
fea-coaft, or en a navigable river, fhall, previ- - (I J il 
ous to her departure, deliver to the collector ' 
refiding at the port where fuch fhip or veffel 
may be, if there is one, otherwife to the col- 
lector of the diftrict comprehending fuch port, 
or to a furveyor within the diftrict, as the one 
or the other may refide near eft to the port st 
which fuch ft;ip or veffel may be, duplicate 
manifefts of the whole cargo on board fuch 
ihip or veffel, or if there be no carg-j on board, 
he fhall fo certify, and if there be any diitilied 
fpirits, cr goods, wares and merchandize, of 
foreign growth or manufacture on board, other 
than what may, by the collector, be deemed 
fufHcient for fea-ftores, he fhall fpcciiy in fuch 
' manifefts, the marks and numbers of every 
calk, bag, box, chert or package, containing 
the fame, with the name, and place of refi- 
dence, of every fhipper and consignee of fuch 
diftilied fpirits, or goods of foreign growth or 
manufacture, and the quantity (Lipped by, and 
to each, to be by him fubicribed, and to the 
truth of which, he fhall fwear or affirm ; and 
fhall alfo fwear or affirm before the laid col- 
lector cr fv.rveyor s that fuch gooes. w:vr^?, qr 



C 183 ] 

rnerchandize, of foreign growth or manufac* 
Uire, were, to the beft of his knowledge and 
Belief, legally imported, and the duties there- 
upon, paid or fecured ; or if fpirits diftilled 
within the United States, that the duties there- 
.,n, have been duly paid or fecured ; upon 
the performance of which, and not before, the 
is i 1 or or fur v ey or ft. ail certify the fame 

on til 1 faid manifefts ; one of which he mall 
re, rafter, with a permit, thereto 

annexed, authorizing him to proceed to the 
port of his deftmation. And if any fuch Ihip 
or veifel (ball depart from the port where me 
may then be, having d'iftiiled fpirits, or goods, 
wares or merchandize, of foreign growth or 
, e manufaclure on board, without the feveral 
n ncgiedi- things herein required, being complied with, 
the mailer thereof fhall forfeit one hundred 
dollars ; or if the lading l>e of goods, the 
growth or marrjfaclure of the United States 
J;y, cr if fuch Ihip or veflel have no cargo, 
and (he depart, without the feveral things here- 
in required, being complied with, the faid maf- 
ter mall forfeit and pay fifty dollars. 

Sec. 17. And be ft further enafied^ That the 
Waiters of m alter or commander of every fhip or velTel, 
coatting licenced to carry on the coafting trade, arri- 
vVeVr.nd ving at any diftricl of the United States, from 
to whrmto any diftrict, other than a diftricl in the fame, 

deliver ma- J T n i_ r n_ 

or an adjoining itate on the fea-coait, or on a 
navigable river, fball deliver to the colleger 
refiding at the port where me may arrive, if 
there be one, otherwife to the colleclor or fur-. 
veyor in the diftricl comprehending fuch port, 
as the one, or the other, may refide neareft 
thereto, if the colleclor or furveyor refide at 
::t diftance not exceeding live miles, within 
twenty four hours, or if at a greater cliftance ? 



C 3 3 i 

xvlthin forty-eight hours next after his' arrival 5 
and previous to the unlading any of the goods 
brought in fuch (hip or veftel, the manifeft of 
the cargo (if there be any) certified by the col- 
lectorfor furveyor of thediftrict from whence 
fhe laft failed, and (hail make oa:h or affirma- under * 
tion, before the faid collector or furveyor, 
that there was not, when he failed from the 
diflrict where bis nianifefh was certified, or has 
been fince, or then is., any more, or other 
goods, WUK:S or merchandize- of foreign 
growth or manufacture, or diftilled ipirits (if 
there be anv, other than fea-itores, on board 
fuch veiiel) than is therein mentioned ; and if 
there be no fuch goods, lie ihail fo iwear or 
affirm ; and if there b j no cargo on board, he 
(hall produce the certificate of the collector or 
furveyor of the diflrict from whence ihe iafL 
failed, as aforeiaid, that fuch is the cii'e : 
Whereupon fuch collector or furveyor fhaU and 
grant a permit for unlading the whole, or part 
of fuch cargo (if there beany) within his clif- 
tnct, as the mufter may requeil ; and whe:\ 
a part only of die goods, wares a.'i.l merchan- 
dize, of foreign growth or manufacture, or of 
diltilled fpirits, brought in fuch imp or veiftl, 
is intended to be landed, the faicl collector or 
furveyor ihall make an end.^rfernent of fuch 
part, on the back of the manifeft, fpecifying 
the articles to be landed ; and (hall return 
fuch manifeft to the mailer, endorfing a! To 
thereon, his perrniilion for fitch iiup or vcdcl, 
to proceed to the place of her deflination ; 
and if the mailer of fuch iliip or vcilel (hall 
ne^lecl or rerufe to deliver the mo^iife'l, (or 
if ;;:e^hasno cir^o, the certificate) within tlin 
t i-j herein -directed, he fli nt one ium- 

. dred dollars > and the r , ires and 



iC 

chandize of foreign growth or manufacuire* 
or diiliiled fpirits, found on board, or landed 
from fuch fhip or vefFeJ ? not being certified, 
as is herein required., (hall be forfeited, and if 
the fame mall amount to the value of eight 
hundred dollars, fuch fhip or veffel, with her 
tackle, apparel and furniture, ihall be alfo for- 
feited. 

Sec. 1 8. And be it further ?;;##?/, That no- 
to "mailers thing in this act contained mall be ib conflru- 
of veflcis ed, as to oblige the mafter or commander of 
an 7 ftap or veiel, licenced for carrying on the 



coaftmg trade, bound from a diftrict in one 
fcate to a difrrict in the fame, or an adjoining 
flate on the iea-coafl, or on a navigable river, 
having on board goods, wares or merchandize, 
of the growth, product or manufactures of the 
United States only (except difliiled fpirits) or 
-diftillecl fpirits, not more than five hundred 
gallons, wine in calks not more than two 
hundred and fifty gallons, or in bottles not 
more than one hundred dozens, fugar in 
caiks or boxes not more than three thoufand 
pounds, tea in chefis or boxes not more than 
five hundred pounds, coffee in caiks or bags 
&ot more than one thoufand pounds, or fo- 
reign merchandize in packages as imported, 
"f not more value than four hundred dollars, 
or goods, wares or merchandize, confiding 
of fuch enumerated or ether articles of foreign 
growth or manufacture, or of both, whole 
aggregate value (L all be not more than eight 
hundred dollars, to deliver a manifefl thereof, 
or obtain a permit, previous to her departure, 
In ctacr* or on her arrival within fuch diftrict, to make 
''rovk'cd >C an y re P ort thereof ; but fuch mailer (hall be 
ftUh'tbcn*. provided with a manifefl:, by him fubfcribed, 
of the lading, of what kind ibever, which was 



C '&5 3 

on board fuch (hip or vefiel, at the time 6f his 
departure from the diflrict from which (Ise laft 
failed, and if the fame, or any part of fuch la- 
ding ccnfifis of dirtilled fpirits, or goods, 
y/ares or merchandize, of foreign growth of 
manufacture, with the marks arid numbers of 
each calk, bag, box, chefl or package, con- 
taining the fame, with the name of the Hip- 
per and coniignee of each ; which manifefl 
ihall be by him exhibited, for the infpection 
of any officer of the revenue, when, by fuch 
officer, thereunto required ; and fhall alfo in- 
form fuch officer, from whence fuch (hip or 
veffel lafl failed^ and how long me has been in 
port, when by him fo interrogated. And if r 
the mafter of fuch fhip or verTel fhall not be on negie*a 
provided, on his arrival within any fuch dif- thcrc01 - 
trict, with a manifeft, and exhibit the fame, 
sts is herein required, if the lading of fuch fhip 
or verTel confiit wholly of goods, the produce 
or manufacture of the United States (diflilled 
fpirits excepted) he (hall forfeit twenty dollars, 
or if there be diflilled fpirits or goods, wares, 
or merchandize, of foreign growth or manu- 
facture, on board, excepting what may be fuf- 
ficient for fea-ilores, he fhall forfeit forty dol- 
lars ; or if he fhall fefufdto anfw'er the inter- 
rogatories truly, as is herein required, he fhall 
forfeit the fum of one hundred dollars. And 
if any of the goods laden on board fuch fhip 
or veffel, fhall be of foreign growth or manu- 
facture, or of fpirits diftilled within the Uni- 
ted States, fo much of the fame, as may be 
found on board fuch fhip or veffel, and which 
ihall not be included in the rnariifef! exhibited 
by fuch matter, fhall be' forfeited. 

Sec. 19. And be if further enaded, That it < ^ ca r r . 

n 11 i i r i c i - ? r\ LrfPenafyl- 

ihall and may b lawful for the collector of T *aia miy 
VOL, II. A 2 



i86 



-ft per- t : lc telnet of Pcnnfyr^i 5a, to g;ra~t permit 

; r s for ;- -, ,. . * ,- 

rporj. i>r the tranfpprtatiqn or good?, wares or 

y f . reion merchandize of f^rti^n g.'wih or ma;u;- 

rrnin iact ure, acrofs th" t e .>:" Ke \v-Jerfcy, to t lie 

'-->; liii'lrid of Nt\v-Yo;l , cr acrois th^ (tats of 

i/cliwan?, to any ciiihlct in the (h'te of Mary- 

iai;d or Virginia ; and icr the collector of Yne 

cjiihicl pf New.- York, to gni;it like permits for 

the tranfportation acrols tliz it.ue of Ncw- 

Tcrfey ; and for the ccaedlor of sny diilricl 

cf Maryland or Virginia, ro ,grant ! kc per- 

nvits Icr the tranfpor:.;it.!on acrois the ii:ite of 

Delaware, to the diftrift of Pennfylvar.ia : 

Provided^ That every iuch permit frail cxprets 

c: "- vl:ilt the mine of the own :i\ cr perfou fending 

.w. 1 " -fuch rood,-,, and of the pcrib i cr perform, to 

whom fuch goods (hail be configned, with 

the marks, numbers r.nd dercription of the 

packages, whether bale, box, che.il, or other- 

wife, and the kind of goods contained there- 

in, and the date, when granted \ and thfc 

cwr?er ur per ion fending inch goods, (hall 

iwe^r or ailiriu, that they were legally import- 

ed, an I the duties there upon paid or fccurtd : 

An I provided alfo. That the owner or con- 

fignee of all fuch goods, wares and merchan- 

dize, mail, within twenty- four hours after the 

arrival thereof, at the place to which they 

wure permitted to be tranfpovted, report the 

fame, to the collector of the diitricl where 

th.y ihall fo arrive, and ihall deliver up the 

permit accompanying the fame, and if the 

o\vner cr confignee afofelaid, Ihall neglect or 

reiule to make due entry of fuch goods 

within the time, and in the manner, herein 

directed, all fuch goods, wares and merchan- 

dize ihall be fubject to forfeiture ; and if the 

permit granted Ihall not be given up, within 



[ 'A? 3 

time l:rii ed for making the fr.i I report, 

the pn ion or pencn. to v/hom it . M- 

ed, Till 

A;;; tor every r.v,rity -ionr h.Yurs 

' , - 'Uenvards: Prt-i-iJ:J^ Thut 

s ; mi mi ;/: r . 

be tranfpor! :>v.\--.^r aforefaid, 'I:: 1 !! be . 1 

.:.! 

*r.vlr ihii'i re: bt deemed IK 
nor j Gvncr or cc^iii^ne^ he < t.lS.'-'.-i :o 

O 

i;irJ-:e repcr: t - i l - ; e c< of the diit'rid 



ihall arrive. 

Sec. 20. yf/?: 7 7^' // fifrf?'.. j r cnqcffd, That R vi 



V.' \^ m - 

. x ,. . .1-1 - ployed in 

ftei;ea ncccr^-n;; to law, ihall be eni;):oy- goijg from 
ed in C'o:^'- L^i-u any one diftncl in the Uni- ' 

jo i. j-n -a. r i /i Clllh: 

ted States, to any p trier ciltrict, inch (hip or -.>' to re- 
vcf^L an4 the mafter or commander ihvreef, ;\;''^^ 
v.'i'.' 1 IT, ay have on board, previ- ^ftiiis aa. 

ous to her d. part; re from the (!ifl:-i^1 9 v.h. 
ihff ir.i'y be, and alfo, apon her ariivai in any 
L'her JHlrici:., tl.allbe fubjecl (except as to the 
t of fees) to the fame regulations, 
prcvifiorts, penalfies and fortekures, and the 
ike div:i-ji; are imposed on like officers, as is 
:v:dcd by the fixteenth and ftventeenih fec- 
tions ('f this aft, for ihips or veil :ls licence d 
ior carrying on the coaiting trade: Provided 
however., that nothing herein contained, 'hall 
be oonilrued to extend to regiitered ILips or 
ve'T/i.^ of the United States, having on board 
co n ;, wares and merchandize of foreign 
; th or r .anufadi re, brought into the 
'.ted States in f.ich ihip or veilel from a fo- 
reign port, iii;d en which the duties have not 

pjid or lecured, according to law. 
Sec. 21. And be it further enaftcd- Th:: 4 



C i?l J 

Duty of wh^n any fhip or veiTel, licenced for carrying 
ipfilcen- on the fifhery, fhall be Intended to touch and 
d for car- trade at any foreign port or place, it fhail be 
. the duty of the mafter, commander, or own- 
er, to obtain permiflion for that purpofe, from 
the collector of the diftriO: where fucn fhip 
or veflel may be, previous to her departure, 
and the matter or commander of every fuch 
fhip or veflel, fhall deliver libe ma'-ufefts, and 
make like entries, both of the fhip or veflel, 
and of the goods, wares, or merchandize on 
board, within the fame time, and under the 
fame penalty, as by the laws of the United 
States, are provided for fhips or veffels of the 
United States arriving from a foreign port. 
And if any (hip or veflel, licenced for carrying 
on the fifheries, fhall be found within three 
leagues of the coail, with goods, wares,, or 
merchandize of foreign growth ormanufaclure,, 
exceeding the value or five hundred dollars, 
without having fuch permiffion, as is herein 
directed, fuch ihip or veflel, together with the 
goods, wares, or merchandize of foreign 
growth or manufacture imported therein, 
lhall be fubjeft to feizure and forfeiture. 

rtf ft Sec. 22* And be it further enacted^ That the 

Of matter* n J r _ . 7 

of veffcU nialter or commander or every Ihip or venel, 
n "\P^Y e ^ m tne tranfportation of goods from 
dif- difirift to diftril, that fliall put into a port, 
todif. ot j ier t ^ an t ^ e one to wn j cn f^g was bound, 

fhall, within twenty-four hours of his arrival, 
if there be an officer refiding at fuch port, and 
a fhe continue there fo long, make report of his 
arrival, to fuch officer, with the name of the 
place he came from, and to which he is bound, 
with an account of tis lading; and if themaf- 
ter of fuch fhip or veflel fhall neglect or refufe 
to do the fame, he fhall forfeit twenty dollarso 



Jec. 23. find be it further enabled ^ That 
the mafter or commander of any fh jp or veflfel, 
employed in the tranfpcrtation of goods from ^ 
diilrict to diftr-ict, having on board goods, their m.^- 
wares, or merchandize of foreign growth or fcf:3 * 
manufacture, or diftilled fpirits, (hall, on his 
arrival at the port to which he was deftined ? 
have left or miilaid the certified manifeft of the 
i'ame, or the permit which was given therefor, 
by the collector or furveyor of the diftrift 
from whence he failed, the collector of the 
diftritt where he (1 all fo arrive, mall take 
bond for the payment of the duties on fuch 
goods, wares and merchandise of foreign 
growth or manufacture, or diftilled fpirits, 
within fix months, in the fame manner, as 
though they were imported from a foreign 
country : Provided however, fuch bond dial) 
be cancelled, if the faid mazier fhall deliver, 
or caufe to be delivered to the collector tal- i 
fuch bond, and within the term therein imr' 
for payment, a certificate from the collector c\ 
furveyor of the diftrict, from whence he failed, 
that r uch goods were legally exported in fuch 
iip or veffel, from fuch diftrict. 

Sec. 24. And be it further enacted^ That the Matters of 
mafter or commander of every foreign (hip or ;' efrds r 

ff i , j r i-n <- i YT ^ bound from 

veilel, bound from a diftnct m the United a; a r i<a to 
States, to any other diftricl: within the fame, djft"p> 

n 11 11 r ii vioufly to 

lhal), in all cales, previous to her departure deliver <iu- 
from fucil diftricl:, deliver to the collector of PJJ.^ ~ 
fuch diftrid, duplicate manifefts of the lading 
on board fuch (hip or vefTel, if there be any, or 
if there be none, he fhall declare that fuch is 
the cafe, and to the truth of fuch manifbfts 
or- declaration, he fhall fwear or affirm, and 
alfo obtain a permit, from the laid colJ.e&or, 
authorizing him to : proceed to the place of his 



c 

deftinatlon. And the mailer or commander 
of every fuch (hip or veffel, on hi;; srrivrd 
wM:i.ii any diflrict, from any other- diftrki, 
{hall, in all cafes, within fortv-ei^ht heir ^ 
after h ; s arrival.* and previous to the ;!- 
ohi/; any goods from on board fuch 1 r r 
deliver to the collector c-f the .xlifirkt 
v/here he mav have ani/e-L a manife 't of u:e 
goods laden on boa^d fuch ihip or vtifel, if 
:.-:riy there be, or if in ballait cnly, he ihall lo 
declare, and to tiie truth cf which r^r.iiieil: or 
declaration, he mall iwear or aifirni ; and a lib, 
that fuch mangle ft contains an account of all 
the goods, wares, and merchandize which 
.re on board iuch ihip or veilel, at the time, 
or have been, Imce her departure from the 
place, from v/hence ihe ihall be reported laft 
ro have failed ; and he mall aifo deliver to fuch 
collector the permit which was given him from 
;he collector of the diftrict from whence lie 
faikd. And if the mailer or commander of 
n'cifure any fuch ii:ip or veffel, fnall neglect or refine 
- ^^ complying with ary of the requirements here- 
in made, he fri all forfeit one hundred dollars : 
Provided always , That nothing herein con- 
r :cd mall be ' conitrued as aflecling the pay- 
ment of tonnage., or any other requiremenis 
which iueli mips or vciltls are now iubjecL to 
by the prefent exifling laws of the United 
States. 

Sec. 25. And belt further en titled ^ That in 
>.-^oimer.t every cafe, where the collector is, by this act, 



- - 



to grant any enrolment, licence, cer- 
d tificate, permit, or other document, the naval- 

officer r'eiiding at the port (if there be one) 
mall ilgn the fame, and every iurveyor who 
ihall certify a manifeft, or grant a permit, or 
who (hall receive any certified maaifelt, or a 



provided for In this nC r , ihali in;. 
returns thereof, or fooncr, if it can 

con '". , . :: ~de, to the collector of the 

v iui: ere fuch furveyor may rdkle. 

Sec. -6. And be it further enaci - 

fore any fhip or vefiel, of the burthen ot five tons 

tens, rnd iefs than twenty tons, mail be 1:- 

ce4, ihc fame admeafurement fhall be made 

01 fuch (hip or vaTel, and the fame provisions 

,-rved relative thereto, as are to be obfcrved 

in cafe of admealuring iiiips ur veflcls to be 

rcgiitcred or enrolled ; bift in all cafes, where 

fuch diip or vellcl, or any other licenced fhip 

or veflel, iliall have been once admeafured, it 

fhall not be neceffary. to fneafure fuch fhip cr 

."-I anew, for the purpofe of obtaining ano- 

ent or licence, cxc.pt fuc.i (nip or 

.ui! have undergone fome altcra; 

.1-en, fubfcouent to the time of her 
<cr licence. 

Sec. 27. And be it fur tier cnaftsd^ That it 
jl be lawful for ar-y officer of the revenue, may go 
to co on board of any fhip or veifel, whether |? artt . T e 

. , . ] . - r , . *n .- i feh witho 

the ihaii t>e within or uitiioiit his diftricti and their dif- 

fanie to i-ifpcdt, ferirch and exaTnine, and 
if it fkall appear, that any breach of the laws 
of the United States has been committed, 
whereby fach fhip or veifel, or the goods, 
wares and merchandize en board, cr any part 
thereof, is, or are liable to forfeiture, to make 
feizuie of the fame. 

Sec. 28. And be It further cnaficd, That in C 



ef " 

thout 



every cafe, where a forfeiture of anv fhip or ? !itv ; nca ~ 

rr \ C i feS f 

veil el, or o^ any gooris,- wares or ir; ere nan- fcitur 
^ize, fliall accrue, i ih;iii bs the duty of the 
collector, or other proper oiTicer, who {hall 
give notice of the fe.izv.re of f> cr vef- 



C 192 3 

iel, er of fuch goods, wares or merchandize, 
to infert in .he fame advertifement, th name 
or names, and the place or places of refidence, 
of the perfon or perfons, to whom any fuch 
ihip or veffei, goods, wares and merchandize 
belonged, or were configned, at the time of 
fuch feizure, if the fame (hall be known to him, 

Sec. 29. And be it farther cnaClcd^ That 
every collector, who (hall knowingly make any 
& ^ record of enrolment or licence of any (hip or 
veffei, andf every other officer, of perfon, ap- 
pointed by, or under them, who (hall make 
any record, or grant any certificate, or other 
document whatever, contrary to the true in- 
tent and meaning of this aft, or (hall take any 
other, or 1 greater fees, than are, by this aft, 
allowed, or (hall receive, for any fervice per- 
formed, purfuant to this aft, any reward or 
gratuity, and every furveyor, 01* Other perfon 
appointed to meafure (hips or veffels, who (hall 
wilfully deliver to any colleftor, or naval-of- 
ficer, a falfe defcription of any (hip or veff \ 
to be enrolled or licenced, in purfuance of t > 
aft,, (hall, upon conviftion of any fuch negleft: 
or offence, forfeit to the United States five 
hundred dollars, and be rendered incapable 
of ferving in any office of truft or profit, un- 
der the United States. And if any perfon, au- 
thorized and required by this aft, in refpeft to 
his office, to perform any aft or thing required 
by this aft, (hall wilfully negleft or refufe to 
do and perform the fame, according to the 
true intent and meaning of this aft, fuch per- 
fon, on being duly convifted thereof, if not 
hereby fubjeft to the penalty and difqualifica- 
tions aforefaid, (hall forfeit and pay the fum 
of five hundred dollars for the firit offence, 
and a like futn for the fecond offence, and (hall 



n 



C 193 3 

from thence forward, be rendered incapable 
of holding any office of truft or profit under 
the United States. 

Sec. 30. And be it further enatted, That if Penalty o* 

n n r fweamae 

any perlon or perfons, lhall iwear or amrm to f a u t i y . 
any of the matters, herein required to be ve- 
rified, knowing the fame to be falfe, fuch per- 
fon or perfons ihall fuffer the like pains and 
penalties as (hall be incurred by perfons com- 
mitting wilful and corrupt perjury. And if 
any perfon or perfons mall forge, counterfeit, on ceun- 
erafe, alter or falfify any enrolment, licence, o^fainfy- 
certificate, permit, or other document, men- ing enrol- 
tioned or required in this act, to be granted 
by any officer of the revenue, fuch perfon or 
perfons, fo offending, mail forfeit five hun- 
dred dollars. 

Sec. 31. And be it further enafled, That if 
any perfon or perfons mall aflault, refift, ob- tins the ex. 

,. j ~ . ' . edition of 

iiruct, or hinder any officer in the execution t hi s *. 
of this act, or of any other act or law of the 
United States, herein mentioned, or of any 
of the powers or authorities veiled in him by 
this act, or any other act or law, as aforefaid, 
all and every perfon and perfons fo offending, 
lhall, for every fuch offence, for which no 
other penalty is particularly provided, forfeit 
five hundred dollars. 

Sec. 32. And be it further enattcd. That if on tranf- 
any licenced {hip or veflel mail be transferred [yTto fo-" 
in whole, or in part, to any perfon, who is not, 
at the time of fuch transfer, a citizen of, and * 
refident within the United States, or if any 
fuch fhip or veflel, mail be employed in any 
other trade than that for which me is licenced, 
or (hall be found with a forged or altered li- 
cence, or one granted for any other fhip or 
veflel, every fuch fhip or veflel, with her tao 
VOL. II. B 2 



kle, apparel and furniture, and the cargo 
found on board her, fhall be forfeited. 

Sec. 33. Provided neyerth'elefs) and be it fur- 



in what M-ther enafted- That in all cafes where the whole 

les vends ~ . , ,. . 

{hail be ex- or any part of the lading, or cargo on board, 
cmpt from an y (fjjp or ve (f e i fhall belon? bona fide to 

forieture. J r r u u n. 

any perlon or perions other than the matter, 
owner, or mariners, of fuch fhip or veffel, 
and upon which the duties (hall have been pre- 
vioufly paid or fecured, according to law, mail 
be exempted from any forfeiture under this 
aft, any thing therein contained to the con- 
trary notwithstanding. 

Sec. 34. And be it further enafled, That the 
Fees allow- f ees an( j allowances for the feveral duties and 

ed under , ... r , . 

thUaa. fervices, to be performed, in virtue of this 
adt, fhall be as follow ; that is to fay : 

For admeafuring every fhip or veffel, in or- 

Feesforad- ^ er ^o the enrolment, or licencing and record- 

fliips or ing the fame, if of the burthen of five tons, 

Tcfleis. an j j e f s t j lan twenty tons, fifty cents ; if of 

twenty tons, and not exceeding feventy tons, 

feventy-five cents ; if above feventy tons, and 

not exceeding one hundred tons, one hun- 

dred cents; if above one hundred tons, one 

hundred and fifty cents : 

For every certificate of enrolment, fifty 
cents : 

For every endorfement on a certificate of 
enrolment twenty cents : 

For every licence, and granting the fame, 
including the bond, if not exceeding twenty 
tons, twenty-five cents ; if above twenty, and 
not more than one hundred tons, fifty cents 5 
and if more than one hundred tons, one hun- 
dred cents : 

For every endorfement on a licence, twenty 
cents : 



[ '95 ] 

For certifying manifefts, and granting a 
permit for a licenced veffel to proceed from 
diftrict to diftrict, twenty-five cents, if lefs 
than fifty tons, and if above fifty tons, fifty 
cents : 

For receiving a certified manifeft, and grant- 
ing a permit, on the arrival of fuch veffel, 
twenty-five cents, if lefs than fifty tons, and 
if above fifty tons, fifty cents : 

For certifying manifefts, and granting a 
permit for a registered veffel to proceed from 
diftrict to diftrict, one hundred and fifty cents : 

For receiving a certified manifeft, and grant- 
ing a permit, on the arrival of fuch regiitered 
veflel, one hundred and fifty cents : 

For granting a permit for a veffel, not be- 
longing to a citizen or citizens of the United 
States, to proceed from diftrict to diftrict, and 
receiving the manifeft, two hundred cents : 

For receiving a manifeft, and granting a 
permit, to unload, < for fuch laft mentioned 
veflel, on her arrival in one diftrict from ano- 
ther diftrict, two hundred cents : 

For granting a permit for a veffel carrying 
on the fifhery, to trade at a foreign port, 
twenty-five cents, and for the report and en- 
try of any foreign goods imported in fuch vef- 
fel, twenty-five cents. 

And where a furveyor mail certify i mani- 
feft, or grant a permit, or receive a certified 
manifeft and grant a permit, the fees arifing Difpofa! of 
therefrom (hall be received by him folely for f f? u " dcr 

i r A i 11 i r r r this at. 

his ule. And all other fees anfmg, by virtue or 
this act, mail be received, and accounted for, 
by the collector, or, at his option, by the na- 
val-officer, where there is one, and where 
there is a collector, naval officer, and furvey- 
or, fhall be equally divided, monthly, between 
the faid officers ; and where there is no naval 



officer, two thirds to the collector, and the 
other third to the furveyor ; and where there 
is only a collector, he mall receive the whole 
amount thereof ; and where there is more than 
one furveyor in any diftrift,,each of them mail 
receive his proportionable part of fuch fees, as 
fhall arife in the port, for which he is appoint- 
ed : Provided always. That in all cafes, where 
the tonnage of any fhip or velfel, fhall be af- 
certained, by any perfon appointed for that 
purpofe, fuch perfon (hall be paid a reafonable 
compenfation therefor, out of the fees afore- 
faid, before any diftribution thereof, as afore- 
faid ; and every collector and naval officer, 
and every furveyor, who fhall refide at a port 
where there is no collector, fhall caufe to be 
affixed, and conftantly kept, in fome confpi- 
cuous place of his office, a fair table of the rates 
of fees, dcmandable by this aft. 

Penal- its & ^ ec ' 35* ^ n ^ ^ e '* further enafted, That 
forfeitures all penalties and forfeitures, which fhall be in- 
curre< ^ ^Y v i rtue an ^ force of this aft, fhall and 

may be fued for, profecuted and recovered, in 
like manner, as penalties and forfeitures, in- 
curred by virtue of the aft, intitled " An aft 
to regulate the collection of the duties im- 
pofed by law on goods wares and merchan- 
dize imported into the United States, and on 
the tonnage of fhips or veflels, 53 may be fued 
for, profecuted and recovered, and fhall be 
appropriated in like manner : Provided always, 
That if any officer, entitled to a part or fhare 
of any fuch penalty or forfeiture, fhall be ne- 
ceflary as a witnefs on the trial for fuch pen- 
alty or forfeiture, fuch officer may be a wit- 
nefs upon the faid trial ; but in fuch cafe, he 
fhall not receive, or be entitled to any part or 
fhare of the faid penalty or forfeiture, and the 
part or fhare to which he would other wife have 



C 197 ] 

been entitled, fliall accrue to the United 
States. 

Sec. 36. And be it further enafted, That this when thi 
aft fhall commence and take effect, from and jf^ 
after the laft day of May next, and thence- certain ' 
forth, the aft intitled, " An aft for regifter- 
ing and clearing vefiels, regulating the coaft- 
ing trade, and for other purpofes," and alfo, 
the aft, intitled, " An aft to explain and a- 
mend an aft, intitled " An aft for regiftering 
and clearing veffels, regulating the coafting 
trade, and for other purpofes," fhall be re- 
pealed, and ceafe to operate, except as to the 
validity of the regifters, records, enrolments 
and licences, with the certificates and docu- 
ments, which fhall have been done or grant- 
ed, in purfuance of thofe afts, prior to the 
firft day of June next, which fhall continue to 
be of the like force and effeft, as if the faid 
afts were not repealed ; and except alfo, as 
to the profecution, recovery and diftribution 
of, and for fines, penalties and forfeitures, 
which may have been incurred, prior to the 
firft day of June next, for which purpofe like- 
wife, the faid afts fhall continue in force. 

Sec. 37. And be it further enacled^ That 
nothing in this aft, fhall be conftrued to ex- 
tend to any boat or lighter, not being mailed, CItend to 

c CL j ITT i i i boats, &c. 

or if matted, and not decked, employed in the 
harbor of any town or city. 

JONATHAN TRUMBULL, Speaker 
of the Houfe of Reprefentatives. 

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

APPROVED, eighteenth of February, 1793 : 
GEORGE WASHINGTON, 

Prefident of the United States. 



C '98 ] 

CHAPTER IX. 

An Ad providing Compenfatlon to the Prefideni 
and Vice-Prefident of the United States. 



B 



IE // enabled by the Senate and Heufe of 
Reprefentatives of the United States of 
America in Congrefs ajfembled, That from 
and after the third day of March in the 
Compenfa. P re ^nt year, the compenfation of the Prefi- 
tion to the dent of the United States fhall be at the rate of 
&v1cc- nt twenty-five thoufand dollars per annum, with 
Prudent, the ufe of the furniture and other effe&s be- 
longing to the tJnited States, and now in pof- 
feffion of the Prefident : And that of the 
Vice-Prefident, at the rate of five thoufand 
dollars per annum, in full for their refpe&ive 
fervices, to be paid quarter-yearly, at the 
Treafury. 

JONATHAN TRUMBULL, Speaker 

of the Houfe of Reprefentati'ves. 

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

APPROVED, eighteenth of February, 1793 : 

GEORGE WASHINGTON, 

Prefident of the United States. 



CHAPTER X. 

An Ad to repeal Part of a Refolution of Con- 
grefs of the twenty-ninth of Auguft, one thou- 
fandfeven hundred and eighty-eight, refpeft- 
ing the Inhabitants of Poft Saint Vincents. 

BE it enacled by the Senate and Houfe of 
Reprefentatives of the United States of Ame- Ulhab j tants 
rica in Congrefs aflembled, That fo much of the of Poft st. 
refolution of Congrefs of the twenty-ninth of ^eved* 
Auguft, one thoufand feven hundred and eigh- from ex- 
ty-eight, as requires the French and Canadian 
inhabitants, and other fettlers at Poft Saint 
Vincents, to pay for the furvey of the feverai 
trafts, which they rightfully claimed, and which 
had been allotted to them, according to the 
laws and ufages of the government, under 
which they had fettled, be, and hereby is re- 
pealed : And that fuch furveys thereof, as 
may have been made, be paid for by the United 
States, not exceeding the rates hitherto eftablifli- 
ed by Congrefs for making furveys. 

JONATHAN TRUMBULL, Speaker 

of the Houfe of Reprefentatives. 
JOHN ADAMS, Vice-Prefident of the United 

States, and Prcfident of the Senate. 
APPROVED, February twenty-firft, 1793 : 
GEORGE WASHINGTON, 
Preftdent of the United States. 






[ 200 ] 

CHAPTER XL 

An Aft t& promote the Progrefs of ufeful Arts ; 
and to repeal the Aft heretofore made for that 
Purpofe. 

Sec. i. TT> E it enafted by the Senate and 
JD Houfe of Reprefentatives of the 
United States of America , in Congrcfs affembled^ 
That when any perfon or perfons being a ci- 
tizen or citizens of the United States, fhall al- 
ledge that he or they have invented any new 
by whom an d ufeful art, machine, manufacture or com- 

made out. r r i r r i 

pofition or matter, or any new and uferul im- 
provement on any art, machine, manufacture 
or compofition of matter, not known or ufed 
before the application, and mall prefent a pe- 
tition to the Secretary of State, fignifying a 
defire of obtaining an exclufive property in the 
fame, and praying that a patent may be gran- 
ted therefor, it fhall and may be lawful for the 
faid Secretary of State, to caufe letters patent 
to be made out in the name of the United States, 
bearing teft by the Prefident of the United 
States, reciting the allegations and fuggeftions 
of the faid petition, and giving a fhort defcrip- 
T . bea f tion of the faid invention or difcovery. and 

teft by the I' 



. . . 

thereupon granting to fuch petitioner, or pe- 
titioners, his, her or their heirs, adminiflrators 
or affigns, for a term not exceeding fourteen 
years, the full and exclufive right and liberty 
of making, conflructing, uling and vending 
to others to be ufed, the faid invention or 
difcovery, which letters patent fhall be deli- 
vered to the Attorney General of the United 
States, to be examined ; who, within fifteen 
days affer fuch delivery, if he finds the fame 
conformable to this act, fhall certify accord- 



201 ] 

ingly at the foot thereof, and return the fame 
to the Secretary of State, who lhall prefent 
the letters patent thus certified, to be figned, 
and ihall caufe the feal of the United States to 
be thereto affixed : and the fame ihall be good 
and available to the grantee or grantees, by 
force of this aft, and mall be recorded in a 
book, to be kept for that purpofe, in the of- 
fice of the Secretary of State, and delivered 
to the patentee or his order. 

Sec. 2. Provided always, and be it further Th liber- 
enafled, That any perfon, who ihall have dif- *? 
covered an improvement in the principle of pavemen 
any machine, or in the procefs of any compo- denncd * 
fition of matter, which mall have been pa- 
tented, and mail have obtained a patent for 
fuch improvement, he (hall not be at liberty 
to make, ufe or vend the original difcovery, 
nor, ihall the firft inventor be at liberty to ufe 
the improvement : And it is hereby enacted 
and declared, that fimply changing the form 
or the proportions of any machine, or com- 
pofition of matter, in any degree, ihall not be 
deemed a difcovery. 

Sec. 3. And be it further cnafted. That every HOW to 
inventor, before he can receive a patent, fhall j^afafct 
fwear or affirm, that he does verily believe, ten p*- 
that he is the true inventor or difcoverer of tent - 
the art, machine, or improvement, for which 
he folicits a patent, which oath or affirmation 
may be made before any perfon authorized to 
adminifter oaths, and ihall deliver a written 
defcription of his invention, and of the man- 
ner of ufmg, or procefs of compounding the 
fame, in fuch full, clear and exact terms, as to 
diftinguiih the fame from all other things be- 
fore known, and to enable any perfon ikilled in 
the art or fcience, of which it is a branch,, or 

VOL. II. C a 



I 202 J 

with which it Is moil nearly connected, fo 
make, compound., and ufe the fame. And in 
the cafe of any machine, he mall fully explain 
the principle, and the feveial modes, in which 
he lias contemplated the application of thai: 
principle cr character, by which it may be dii- 
tinguifhed from other inventions ; and he fhall 
accompany the whole with drawings and writ- 
ten references, where the nature of the cafe 
admits of drawings, or with fpecimens of the 
ingredients, and of the cornpofition of mat- 
ter, fufficient in quantity for the purpofe of 
experiment, where the invention is of a^ com- 
pofition of matter ; which defcription, figned 
by himfelf, and attefted by two witnefles, mall 
be filed in the office of the Secretary of State, 
and certified copies thereof fhall be competent 
evidence, in all courts, where any matter pi- 
thing- touching fuch patent-right, fhall come 
in queflion. And fuch inventor ihall, more- 
over, deliver a model of his machine, provided 
the Secretary fhall deem fuch model to be ne- 
neceffary. 

Sec. 4. And be it further enatted^ That if 

inventors {hall be lawful for any inventor, his executor 

S tide". or adminiftrator, to affign the title and intereft 

in the faicl invention, at any time, and the 

affignee having recorded the faid ailignment ? 

in the office of the Secretary of State, flial! 

thereafter (land in the place of the original 

inventor, both as to right and refponfibility, 

and fo the aflignees of afligns, to any degree. 

Sec. 5. And be it further enacted. That if 

:- rfeiturc ari y.perfon fhall make, devife and ufe, or fell 

'ted the thing fo invented, the exclufive right of 

" ." i " which fhall, as aforefaid, have been fecured 

to any perfon by patent, without the confent 

of the patentee 3 his executors ? adminiflrator- 



or affigns, firft obtained in writing, every per- 
fon, fo offending, mail forfeit and pay" to the 
patentee, a fum~ that (hall be at leaft equal to 
three times the price, for which the patentee 
has ufually fold or licenced to other perfons, 
the ufe of the faid invention ; which mav be HOW recc 
recovered in an aclion on the cafe founded on 
this ad, in the circuit court of the United 
States, or any other co.urt having competent 
jurifdidion. 

Sec. 6. Provided always, and be it further Howde- 
'enaffed^ That the defendant in fuch adion fendant* 
ihall be permitted to plead the general iifue, thJauftii 
and give this ad and any fpecial matter, of evidence; 
which notice in writing may have been given 
to the plaintiff or his attorney, thirty days be- 
fore trial, in evidence, tending to prove, that 
the fpeci fi cation, filed by the plaintiff, does not 
contain the whole truth relative to his difco- 
very, or that it contains 'more than is neceffa- 
ry to produce the defcribed effed, which con- 
'cealnlent or addition mall fully appear to ha.\e 
been made, for the purpofe of deceiving the 
public, or that the thing, thus fecured by pa- 
teat, was not originally difcovered by the pa- 
tentee, but had been in ufc, or had been de- 
icribed in fom'e public work, anterior to the 
luppoied difcovery cf the patentee, or that he 
had furreptitioufiy obtained a patent for the 
difcovery of another perfon : in either of 
which cafes, judgment mall be rendered for 
the defendant, with cofts, and the patent mall 
be declared void. 

Sec. 7. And be it further enacted, That where 
any flate before its adoption of the prefent state rights 
fbrm of government, mail have granted an ^s"vhcn 
exclufive right to any invention, the party to be deem 
claiming that right, mall not be capable of ob- ed void 



taining an exclufive right under this aft, but 
on relinquishing his right under fuch particu- 
lar Mate, and of fuch relinquifhment, his ob- 
taining an exclufive right under this act ihall 
be fufficient evidence. 

Sec. 8. And bs it further enabled., That the 
er fo ns 3 wliofe applications for patents, were, 
at the time of paffing this act, depending be- 
fore the Secretary of State, Secretary at War, 
be and Attorney General, according to the aft, 
P a f ed thefecondfeffion of the firll Congrefs, 
intitled, " An aft to promote the progrcfs of 
ufeful arts,*' on complying with the condi- 
tions of this aft, and paying the fees herein re- 
quired, may purfue their relpeftive claims to 
a patent under the fame. 

Seft. 9. And be 'it further enatted, That 
j n ca f e o f interfering applications, the fame 

ingft to he n .. . ,. . , 7 r i 

had on in- ihall be lubmitted to the arbitration or three 
a'^licatl P er ^ ons ? one 'f whom (hall be choien by each 
s. 1C< of the applicants, and the third perfon (hall be 
appointed by the Secretary, of State ; and the 
decifion or award, of fuch arbitrators, deli- 
vered to the Secretary of State, in writing and 
fubfcribed by $\pm y or any two of them, ihall 
be final, as far as refpefts the granting of the 
patent : And if either, of the applicants (hall 
refufe or fail to choofe an arbitrator, the patent 
ihall iflue to the oppofite party. And where 
there mall be more than two interfering appli- 
cations, and the parties applying fhall not all 
unite in appointing three arbitrators, it (hall be 
in the power of the Secretary of State to ap- 
point three arbitrators for the purpofe. 

Sec I o. And bs it further enacted., That, up- 
on oath, or affirmation being made, before the 
judge of the diilrift court, where, the paten- 



C 205 ] 

tee, his executors, adminiftrators or afH^ns And *- 

' . . . . n . . . _P . gamft pcr- 

refide, that any patent, which ihall be iflued fonsfurr*^ 
in purfuance of this aft, was obtained furrep- l ' tlo ? fl y 

. . n r r r n obtaining 

'titiouily, or upon talie iugo-euion, and motion t ,a:cBts. 
made to the faid court, within three years af- 
ter iiluing the faid patent, but not afterwards, 
it (hall and may be lawful for the judge of the 
faid diftrict court, if the matter alledged fliall 
appear to him to be fufficient, to grant a rule, 
that the patentee, or his executor, admirii- 
ftrator or afiign, fhew caufe, why procefs fhould 
not ifiue againll him to repeal fuch patent. 
And if fufficient cau'e fliall not be (hewn to the 
contrary, the rule (hall be made abfolute, and 
thereupon the faid judge (hall order procefs to 
be iflued againft fuch pafenfee, or his execu- 
tors, adminiflrators or afligns, with cofts of 
fuit. And in cafe, no fufficient caufe mail be 
fhewn to the contrary, or if it (hall appear, 
that the patentee was not the true inventor or 
difcoverer, judgment (hall be rendered by 
fuch court for the repeal of fuch patent ; and 
if the party, at whofe complaint the procefs 
limed, mall have judgment given againfl him, 
he (hall pay all fuch cofts, as the defendant 
{hall be put to, in defending the fuit, to be 
taxed by the court, and recovered in due courfe 
of law. 

Sec. n. And be it farther enaftcd, That 
every inventor, before he prefents his petition i nventor ^ 
to the Secretary of State, fignifying his defire ^lo/e pr- 
of obtaining a patent, mall pay into the Trea- f"" g t< ? c 
fury thirty dollars, for which he fliall take pay thirty 
duplicate receipts; one of which receipts he fo't 
mail deliver to the Secretary of State, when flir y 
he prefems his petition : and the money, thus 
paid, mail be in full for the fundry fervices, 
to be performed in the office of the Secretary 



[ 206 ] 

of State, confequent en fuch petition, and fhall 
pafs to the account of clerk-hire in that office. 
Copying Provided neverthelefs , That for every copy, 
which may be required at the laid office, of 
any paper refpecting any patent, that has been 
granted, the perfon obtaining fuch copy, lhall 
pay at the rate of twenty cents, for every 
icopy-iheet of one hundred words, and for every 
copy of a drawing, the parly obtaining 1 the 
fame, fhall pay two dollars : of which pay- 
ments, an account mail be rendered, annually, 
TO the treafury of the United States, and they 
ihall alfo ipafs to .the account of clerk-hire, in 
the office of the Secretary of State. 

Seel:. 1 2. And be it further enatted^ That the 
act, pafled the tenth day of April, in the^year 
'one thoufand feven hundred and ninety, in- 
titled > " An aft to promote the progrefs of 
ufeful arts," be, and the fame is hereby re- 
pealed. Provided always. That nothing, Con- 
tained in this aft, mail be conifcrued to invali- 
date any patent, that may have been granted 
under the authority of the faid aft ; and all 
patentees under the faid aft, their executors, 
adrmniftrators and afligns, mail be confrdered 
xvithin the purview of this at, in refpeft to 
the violation of their rights : Provided, fuch 
violations fhall be committed, after the.pailing 
of-this ach 

JONATHAN TRUMBULL, Speaker 

of the Hpiife of Reprefeniativefs. 

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

Arr ROVED, February twenty-nrft, 1793^ 

GEORGE WASHINGTON, 

Prefident of the United States. 



C 207 ] 
CHAPTER XII. 

An Aft to authorize the Comptroller of the Trea- 
fury to fettle the Account of Thomas Viifhart, 
late^a Lieutenant in the Army of the United 
States. 

(PRIVATE.) 



CHAPTER XIII. 

An Acl to authorise the Adjuftmcnt of a Claim 

rfjofeph Hcnderfon again/I the United States. 

(PRIVATE.) 



CHAPTER XIV. 

An Acl making Provi/ion for the Perfons 

therein mentioned. 

WHEREAS Colonel John Harding, and 
Major Alexander Trueman, while 
employed in carrying meffages of peace to the 
hoflile Indians, were killed by the faid Indians: 

BE it enacled by the Senate and Ploufe of 
Reprefentatives of the United States of America? 
in Congrefs aj/embled> That four hundred and 
fifty dollars per annum for feven years, be al- d\vs 
lowed to the widow and orphan-children of P^ 
the laid Colonel John Harding, and the fum qf of j. 
three hundred dollars per annum, for the fame ^; 
terra of feven years, to the orphan-children man. 
^i the faid Major Alexander Truenian, to com- 
mence on the fir 11 day of July, one thoufand 
u hundred and ninety-two, and to be paid 



half yearly, at the Treafury, to the faid widow, 
and to the guardians of the faid orphan-chil- 
dren, or to their legal attornies. 

JONATHAN TRUMBULL, Speaker 

of the Honfe of Representatives. 

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

APPROVED, February twenty- fevesith, 1793: 

GEORGE WASHINGTON, 

Prefident of the United Stales. 



CHAPTER XV. 

n Aft for repealing the fev -*ral I nip -ft- Laws of 
the United States, fj far as they may be deemed 
to impofe a Duty on ufeful Beajls Imported for 
Breed. 

E It enatted by the Senate and Hwje of Re- 
prefentativfs of the Untied States of A me- 
Buty en r/r ^> /;z C n g re f s ajfembled, That the feveral la\vs 
fceafts im- of the United States, impofing duties on goods, 
br'eld^be wares anc ^ merchandize imported into the Uni- 
ted States, fo far as they may be deemed to 
impofe a duty on horfes, cattle, iheep, fvvine 
or other ufeful beads, imported into the Uni- 
ted States, for breed, {hall be repealed. 

JONATHAN TRUMBULL, Speaker 
of the Houfe of Reprefentativcs* 

JOHN ADAMS, Vice- Present of the United 

States, and Prefident of the Senate. 
APPROVED, February twenty-feveath, 1793; 
GEORGE WASHINGTON, 
Prefident of the United States. 



E 
CHAPTER XVt 



An Acl in Addition to, and Alteration of the 
Aft, intitled, " An Aft to extend the Time 
limited for .fettling the Accounts of the United 
States with the individual States.' 9 



Se&iori i. "O. E // criatted By the Senate and , d fec . O f 
\J Houfe of Representatives of the *a extend- 

TT ' jo '^ r A - y-i- f /r i:/ J ing powers 

United States of America, in Longrefs ajjemblea^ O f 
That the fecond feftion of the aft, intitled, 
" An al to extend the time limited for fet- 
tling the accounts of the United States with the 
individual ftatcs," which extended the pow- 
ers of the board of commiflioners to the fet- 
tlement of the accounts between the United 
States and the (late of Vermont, be and here* 
by is repealed- 



Sec. 2. And be it further tnacled, That the 
board of commiflioners eftabKfhed to fettle regarded 
the accounts between the Unked States and ^ w 01 "- 

T i rv . . tiomng ba- 

the individual {rates'., in apportioning the ag- lances, 
gregate of all the balances due to each ftate, 
between the ftates, agreeably to the acl, in- 
titled, "An acl to. provide more effectually 
for the fettlement of the accounts between the 
United States and the individual ftates," fliall 
have no regard to the ftate of Vermont* 



Sec. 3. And be it further cnafted. That in < d Ke - 
the apportioning of the balances aforefaid, the lauded C 
ftate of Kentucky (hall be deemed to be in- vv : jt . h vir - 
eluded in the ftate of Virginia, the admiflion 

VOL, II, D 2 



L 3 



10 



of the faid flate of Kentucky as a member of 
the union notwithstanding. 

JONATHAN TRUMBULL, Speaker 

of the Houfe of Reprsfentati-ves. 
JOHN ADAMS, Vice-Prefident of the United 

States, and Prefi dent of the Senate. 
APPROVED, February twenty-feventh, 1793 -, 
GEORGE WASHINGTON, 
Prcfidcnt eft be United States* 



C H AFTER XVII. 

A n Acl to regulate the Claims to Invalid Penfions. 



W 



HEREAS the aft, paired at the laft 
feffion of Congrefs, intitled, " An 
act to provide for the fett lenient of the claims 
of Widows and Orphans barred by the limi- 
tations heretofore eitablifhed, and to regulate 
the claims to Invalid Penfions," is found by 
experience inadequate to prevent the admif- 
fion of improper claims to invalid p/enfions, 
and not to contain a fufficient facility for the 
allowance of fuch as may be well founded : 
Therefore, 

sections of Sec. i. BE it enacled by the Senate and 

certain for- fJ ufe of Rcprefentatives of the United States of 

peaitxi r " America, in Congrefs affembled^ That the lecond, 

third and fourth feftions of the faid at, be 

repealed, and that in future, all claims to fuch 

penfions fliall be regulated in the manner foL 

lowing, to wit ; 



t ,11 ] 

Firft: All evidence relative to invalids (hall 
be taken upon oath or affirmation, before the invalids 
judge of the diftria, in which fuch invalids howta 
refide, or before any three perfons fpecially 
authorized by commiflion from the faid judge. 

Secondly : The evidence relative to any 
claimant muft prove decifive difability to have 
been the eft'eft of known wounds, received 
while in the sftyual line of his duty, in the fer- 
viceof the United States, during the late war. 
That this evidence muft be the affidavits of the 
commanding officer or furgeon of the fhip, 
v regiment, corps or company, in which fuch 
claimant ferved, or two other credible witnef- 
fes, to the fame effect, fetting forth the time 
and place of fuch known wound. 

Thirdly : Every claimant (hall be examined 
upon oath or affirmation, by two phyficians or 
furgeons, to be authorized by commiffton 
from the faid judge, who fhall report, in wri- 
ting, their opinion, upon oath or affirmation, 
of the nature of the faid difability, and, in 
what degree it prevents the claimant from ob- 
taining his livelihood by labour. 

Fourthly : Every claimant mail produce 
evidence of the time of his leaving the fervice 
of the United States. He mufl alfo produce 
evidence of three reputable freeholders of the 
city, town or county, in which he ufually re- 
fided, for the two years immediately after he 
left the fervice, as aforefaid, of the exiftence 
of his difability, during that period ; and af- 
certaining, of their own knowledge, the mode 
of life, employment, labour or means of fup- 
port of the claimant. 

Fifthly : And the faid claimant muft pro- 
duce the evidence of two credible witncflcs,, 



[ 212 ] 

of the continuance of his difability, from the 
expiration of the faid two years, to the time 
,of his application. 

Sixthly : Each claimant muft fhew a good 
and fufficient caufe why he did not apply for 
a penfion to the perfon or perfons authorized 
to examine his claim on or before the eleventh 
of December, one thoufand feven hundred 
and eighty-eight, the time limi^d for applica- 



tons of ts nature. 



Seventhly : No evidence of any claimant 
fhall be admitted whofe claim has been exa- 
mined and rejected, on or before the aforefaid 
eleventh of December, one thoufand fever* 
Jiundred and eighty-eight. 

Sec. 2. And be it further enafted^ That the 
judge of the diftricl mall tranfmit a lift of fuch 
trofiait P.^ ms accompanied by the evidence herein 
lift of direcled, to the Secretary for the department 
SwrctVr ^ W ar ' * n orc ler that the fame may be com- 
at War, pared with the mufter- rolls, and other docu- 
ments in his office ; and the faid Secretary fhall 
make a ftatement of the cafes of the faid claim- 
by whom ants to Congrefs, with fuch circumftances and 
ren *arks, as may be neceffary, in order to 
enable them to take fuch order thereon, as 
they may judge proper. 

Sec. 3. And be if farther enaflcd, That no 
P er ^ on not on t ^ le penfipn-lift, before the twen- 
ty-third day of March, one thoufand feven 
be entitled hundred and ninety- two, fhall be entitled to a 

to a pen- r ' ' n ./ '. .. 

fion under peiiiion, who ihall not have ccmphed with 
this a<a, the ru j e g anc | regulations herein prefcribed ; 
fa ving 'however to all perfons, all and fingular 
their rights founded upon legal adjudications 
under the aft, intitled " An a6t to provide 
for the fettlemeht :of the claims of Widows 
Orphans, barred by the limitations 



C 213 3 

t of ore eftablifhed, and to rcgukite the claims Duty of 
to invalid penfions :" But it fnall be the duty 2?wJJJ 
of the Secretary at War, in conjun&ion with Attorney^ 
the Attorney-General, to take fuch meafures GcncraL 
as may be neceflary to obtain an adjudication 
of the fupreme court of the United States, on 
the validity of any fuch rights claimed under 
the aft aforefaid, by the determination of cer- 
tain perfons ftyling themfelves commiffioners. 

Sec. 4. And be it further enafted^ That no Limitation 
claim to a penfion fhall be allowed under this of J lain ? s . 

o i i n 11 r V . under this 

act, which lhall not be prefented within two a a. 
years from the pafling the fame. 

JONATHAN TRUMBULL, Speaker 

of the Houfe of Reprefentati<ues. 
JOHN ADAMS, Vice-PreJident of the United 

States , and Prefident of the Senate. 
APPROVED, February twenty-eighth, 1793: 
GEORGE WASHINGTON, ' 
Prefident of the United States. 



CHAPTER XVIII. 

An Ad making Appropriations for the Support 
of Government for the Year one thonfand fe~ 
<uen hundred and ninety-three. 

Sec. i. "TY it enacted by the Senate and Houfe 
jj of Reprefentatives of the United 
States of America? in Congrefs aj/embledy That 
for the fervice of the year one thoufand feven 
hundred and ninety-three, there be appropri- 
ated a fum of money, not exceeding one mil- the 
lion five hundred and eighty-nine thoufand, I/93 
and forty-four dollars, and feventy-two cents 5 
that is to fay : 
For the compe.nfatioas granted by law to 



3 

specific ap- the Prefi dent and Vice-Prefident of the Uni- 
e <] States, thirty thoufand dollars : For the 
^ e compenfations to the members of the Se- 
nate and Houfe of Reprefentatives, their offi; 
cers and attendants, eitimated for a feflion of 
fix months continuance, one hundred and for- 
ty-three thoufand, five hundred and ninety- 
one dollars : For the falaries of the doorkeep- 
ers and alii ftant- doorkeepers of the Senate and 
Houfe of Representatives, under the at for 
their cornpenfation, palled the twelfth of April, 
one thouiand feven hundred and ninety- two, 
one thoufand two hundred and thirty-three 
dollars, and fixty-eight cents : For the ex- 
penfes of firewood, ftationary, printing work, 
and all ether contingent expenfes of the two 
Houfes of Congrefs, nine thoufand five hun- 
dred and fifty-two dollars : For making good a 
deficiency in the appropriation, in the year one 
thoufand feven hundred and ninety-two, for 
contingent expenfes in the office of the clerk 
of the Houfe of Reprefentatives, five hundred 
and feventy-eight dollars : For the compen- 
fations granted by law, to the chief juftke, 
affociate judges, diilricl judges, and the attor- 
ney general, forty-three thoufand two hundred 
dollars : For the additional falary of the attor- 
ney general, by the ad of the eighth of May, 
one thoufand feven hundred ana ninety-two, 
two hundred and fixty dollars, and eighty- two 
cents : For defraying the expenfe of clerks of 
courts, jurors and witneifes, in aid of the fund 
arifmg from fines, forfeitures and penalties, 
twelve thoufand dollars : For defraying the 
expenfes of profecutions for offences againft 
the United States, and for the fafe-keeping of 
pnfoners, four thoufand dollars : For compen- 
faticn to the fecretary of the treafury, clerks 



and perfons employed in his office, eight s ecI6d 
thoufand three hundred and fifty dollars : For propriati- 
falarv of the two principal clerks to the fecre- ons for tht 

r t r c i i r Tir >' ear *< 7 9> 

tary or the treafury, from the eighth or May 
to the thirty-firft of December, one thoufand 
feven hundred and ninety-two, one thoufand 
and forty-three dollars and twenty-eight cents: 
For expenfe of ftationary, printing, and all 
other contingent expenfes in the office of the 
fecretary of the treafury , five hundred dollars : 
For compenfationto the comptroller of the trea- 
fury, clerks and perfons employed in his office, 
nine thoufand four hundred aad fifty dollars : 
For the encreafed falary of the comptroller, 
from the eighth of May to the thirty-firft of 
December, one thoufand feven hundred and 
ninety-two, two hundred and fixty dollars and 
eighty-two cents : For expenfe of flationary, 
printing and all other contingent expenfes in 
the comptroller's office, fix hundred dollars : 
For compenfation to the auditor of the trea- 
fury, clerks and perfons employed in his office, 
ten thoufand four hundred and fifty dollars : 
For the encreafed falary of the auditor, from 
the eighth of May to the thirty-firft of Decem 
ber, one thoufand feven hundred and ninety- 
two, two hundred and fixty dollars, and eigh- 
ty-two cents : For expeafe of ftationary, 
printing, and other contingent expenfes, in the 
auditor's office, fix hundred dollars : For com- 
penfation to the regifter of the treafury, clerk? 
and perfons employed in his office, eighteen 
thoufand fix hundred dollars : For the er> 
creafed falary of the regifter of the treafury, 
from the eighth of May, to the thirty-firft of 
December, one thoufand feven hundred and 
ninety-two, three hundred and twenty-fix dol- 
lars and three cents, and for making good :. 



deficiency in the' appropriation of one thou- 

Specific ap- r 3 r J , , f r / . 

land Icven hundred and ninety-two, one nun- 
i r C ^ rec * dollars > Baking, in the whole,- four hun 
79j ' dred and twenty fix dollars and three cents :- 
For expenfes of ftationary, printing and other 
contingent expenfes, in the regifter's office, 
two thoufand dollars : For compenfation to 
the treafurer, clerks and perfons employed 
in his office, four thoufand one hundred dol- 
lars : For the encreafed falary of the treafurer, 
from the eighth of May, to the thirty-firft of 
December, one thoufand feven hundred and 
ninety-two, and for making good a deficiency 
in the appropriation of the year one thou- 
fand feven hundred and ninety -^two, for clerks 
in that office, five hundred and thirty dollars 
and fixty-eight cents: For expenfe of firewood, 
itationary, printing and other contingencies 
In the treafurer's office, four hundred and 
fifty dollars : For compenfation to the con> 
miffioner of the revenue, clerks and perfons 
employed in his office, four thoufand one hun- 
dred dollars : For the falary of the commiffi' 
oner of the revenue, clerks and perfons em- 
ployed in that office, from the eftablimment 
thereof, to the thirty-firft of December, one 
thoufand feven hundred and ninety*two, inclu- 
ding alfo contingent expenfes to the fame time, 
two thoufand eight hundred and feventy-three 
dollars and forty-fix cents : For the expenfe of 
itationary, printing and other contingent ex-^ 
penfes in the office of the commiilioner, three 
hundred dollars : To make good the defici- 
ency in the appropriation of the year one 
thoufarfd feven hundred and ninety -two, for 
the contingent expenfes of the treafary-depart- 
ment, two thoufand four hundred dollars : 
For the payment of rent for the feveral houfe* 



employed in the treafury department, one s P ecJ ? c p- 

L r J r I- J J J U J* 11 propriat*- 

thoufand four hundred and eighty- nine dollars 
and ninety-nine cents : For wood and candles y ear *'? > 
in the feveral offices in the treafury depart- 
ment (except the treafurer's office) one thou- 
land two hundred dollars : For compenfations 
to the feveral loan officers, thirteen thou- 
fand, two hundred and fifty dollars : For de- 
fraying the expenfes of ftationary, and for hire 
of clerks in the offices of the feveral commiffi- 
oners of loans, to the firft of March, one 
thoufand feven hundred and ninety-three, au- 
thorized by the aft of the eighth of May, one 
thoufand feven hundred and ninety two, thirty 
two thoufand feven hundred and twenty-nine 
dollars, and ninety-five cents : to make good 
deficiencies in former appropriations, for fimi- 
lar expenfes, one thoufand fix hundred and 
fifty dollars : For compenfation to the fecreta- 
ry of ilate, clerks and other perfons employed 
in his office, fix thoufand three hundred dol- 
.lars : For defraying the expenfe of collecting 
the laws of the feveral dates, publilhing and 
distributing the laws of Congrefs, and all other 
expenfes in the office of the Secretary of State, 
one thoufand eight hundred and fifty-one dol- 
lars and fixty-feven cents : To make good a 
deficiency, in the appropriation of the year one 
thoufand feven hundred and ninety-two, for the 
contingent expenfes in this office, ninety-three 
dollars and thirty-four cents : For compenfa- 
tion to the cemmiffioners for fettlement of the 
accounts between the United States, and the 
individual dates, clerks and perfons employed 
in their office, fix thouiand fix hundred and 
fifty dollars : For defraying the contingent ex- 
penfes of the board of commiflioners, four 
hundred and feven dollars ; ppr. Cvinpenfa- 
Vol, II, E 3 



-218 



t * ons to ^ ie g overnors > Secretaries and judges 
m& for the of the territory north-weft, and the territory 
} t*r 1793. f out h .of the river Ohio, ten thoufand three 
hundred dollars : For expenfes of ftationary, 
office-rent, printing patents for lands, andother 
contingent expcnies in both the faid territo- 
ries , feven hundred dollars: Forthe payment 
of the penfions granted to invalids, eighty two 
thoufend, two hundred and forty five dollars, 
d thirty two cents : For payment of the an- 
nual allowance granted by Congrefs to Baron 
euben, two thoufand five hundred dollars : 
For payment of fundry penfions granted by the 
fate government, two thoufand feven hundred 
and iixty (even dollars, and feventy three cents : 
For the maintenance and repair of light-houfes, 
beacons, piers, ftakes and buoys, twenty thou- 
fand dollars : For the farther expenfe of build- 
ing and equipping ten cutters, three thoufand 
dollars : For the purchafe of hydrometers, for 
the ufe of the officers of the cuftoms and in- 
fpeclors of the revenue, one thoufand five hun- 
dred dollars : To make good the deficiency 
in the appropriation of the year one thoufand 
ieven hundred and ninety- two, for the pur- 
chafe of hydrometers, fix hundred and ten dol- 
lars, and ten cents : For the payment of fuch 
demands, not otherwife provided for, as fhali 
have been duly allowed by the officers of the 
treafury, five thoufand one hundred and Iixty 
nine dollars : For compenfation to the fecreta- 
ry of war, clerks and perfons employed in his 
office, fcven thoufand and fifty dollars: For 
the encreafed 1 alary of the chief clerk in the 
\vur department, I Vein the ughth of May, to the 
tuii i fii'it of December, one thoufand feveu 
hundred and ninety two, one hundred and 
thirty doHan ::nd forty one cents ; For expert* 



fes of firewood, ftationary printing and other 
contingent expenfes in the office of the fecre- on$ for"the 
tary of war, fix hundred dollars : For com- y eiir 
penfation to the accountant to the war-depart- 
? it and clerks in his office, four thoufand. 
two hundred dollars : For falary to the ac- 
countant, clerks, and for contingent expenfes 
in that office, from the eftablifiiment thereof, 
to the thirty-firft of December, one thoufai; 
feven hundred and ninety-two, one thoufand 
one hundred and fixty five dollars and eighty 
nine cents : For contingent expenfes in the 
office of the accountant to the war department, 
three hundred dollars: For payment of four 
years rent for the buildings c for oflk 

of the fecrctary of war and accountant, one 
thoufand fix hundred and fixty- fix dollars, and 
fixty-fix cents : For falaries of the ftorekeep- 
ers at the feveral arfenals, rents for the build- 
ings occupied as magazines, for payment of 
the laborers, coopers, armorers* and other 
perfons employed in taking care of the ord- 
nance, arms and milkary-ftores, feven thou- 
fand eight hundred and thirty-five dollars and 
thirty two cents : For five hundred rifles, pur- 
fed in the year one thoufand feven hun- 
dred and ninety two, fix thoufand dollars : 
For cxpenfe of repairing arms, equipments of 
cannon, cartridge-boxes, f words and every 
other article in the ordnance-department, ten 
thoufand dollars : For defraying the expen- 
fes of the Indian department, fifty thoufand 
dollars : For the pay of the troops authorized 
by law, three hundred and four thoufand three 
hundred and eight 'dollars : For fubfiftence, 
three hundred aud twelve thoufand, five hun- 
i and fixty feven dollars, and feventy-nve 
: For forage, thin .-oufand 



220 

hundred and fifty-fix dollars : For clothing, one 
hundred and twelve thoufand dollars : For 
equipments for cavalry, five thoufand dollars : 
For horfes for cavalry, five thoufand dollars : 
For hofpital department, twenty-five thoufand 
dollars : For quarter-matter's department, one 
hundred thoufand dollars: For maps, hiring 
exprcffes, allowance to officers for extra-ex- 
penfes, printing, lofs of ftores, advertifmg, ap- 
prehending deierters, and every other contin- 
gent expenfe in the war-department, thirty 
thoufand dollars : For the defenfive protection 
of the frontiers, fifty thoufand dollars : For 
the payment of bounties, fifteen thoufand two 
hundred and forty dollars. 

Sec. 2. And be it further enaffed- That 

Out of . . J . 

what fund* the feveral appropriations herein before made 
payable {^^\\ be paid and difcharged out of the funds 
following, to wit : 

Firfl : The fum of fix hundred thoufand 
dollars refer ved by the acl: making provifion 
for the debt of the United States. Secondly, 
The furplus, which may remain unexpended, 
of the monies appropriated for the ufe of the 
war- department, in the year one thoufand fe- 
ven hundred and ninety-two : And, thirdly, 
The furplus of the exifting revenues of the Uni- 
ted States, to the end of the year one thou- 
fand feven hundred and ninety-three, except 
what may be otherwife appropriated, during 
the prefent feflion of Congrefs. 

preDdem ^ec. 3* ^ f: ^ ^ }e ' lt f lir ^ cr enabled, That 

maybor- the Prefidcnt of the United States be audio- 

exceeding nzcd to borrow, on account of the faid Hates, 

800,000 any fum or fums, not exceeding, in the whole, 

Ilars * eight hundred thoufand dollars, at a rate of 

intereft not exceeding five per centum pe 



num, and reimburfable at the pleafure of the 
United States, to be applied for the pufpcfes Twhom. 
aforefaid, and to be repaid out of the faid fur- 
plus of the duties on imports and tonnage, to 
the end of the prelent year, one thoufanci ie- 
ven hundred and ninety-three : And that it 
(hall be lawful for the bank of the United 
States to lend the faid fum. And the Prefident 
of the United States fhall caufe fo much of the 
loan, made of the bank of the United States, 
purfuant to the eleventh feftion of the aft, by o 
which it is incorporated, to be paid oif, in fums how to bc 
riot lefs than fifty thouland dollars, as, in his pal ' 
opinion, the ftate of the treafury may, from 
time to time, admit, out of any monies, \vhich 
may be in the treafury, having due regard to 
the exigencies of government, and the appro- 
priations made and to be made by law, 

JONATHAN TRUMBULL, Speaker 
of the Houfe ofRcprefentat'roes. 

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

APPROVED, February twenty- eighth, 1793 : 

GEORGE WASHINGTON, 

Prefident of the United States. 



CHAPTER XIX. 

An Aft to regulate Trade and Inter ccurfe with 
the Indian Tribes. 

(REPEALED.} 



C 

C H A P T E R 

An Aft to ascertain the Fees in Admiralty pro- 
ceedings in the Biftritt Courts of the United 
States^ and for other Purpofes. 

Seel. i'T> E // enacted by the Senate and Houfe 

JCl of Reprefentatives of the United 

Fees m States of America, in Gongrefs a fumbled. That 

courts of f rom an j a f tcr t i le r a d :l y O f ]yj a y next there 

admiralty n n TIT rr* 

or raari mail ncjt be taxed or adjuuged to any omcer 
or ot>ner perfon ? any greater ot other fee or 
reward, for, or in refpeQ of any fervice to be 
done or performed in any of the diftrift courts 
of the United States, in cafes of admiralty or 
maritime jurifdidion, than fuch as is herein 
after fpecified ; that is to lay : 

^ CS f^ e C ur fi^r or Attorney in the dijlrict 
court in admiralty and man '. : me proceedings. 

The ftated fee for drawing and exhibiting 
libel, claim or anfwer in each caufe, three 
dollars ; 

Drawing interrogatories, three dollars ; 
And all other fer vices in any one caufe, 
three dollars. 

Sec ' 2t Fees f ike c!erk fri je d \ft r ift court > 
in admiralty and maritime caufcs. 

For dra\ving every (lipulation, procefs, mo- 
nition or fubpcena, for each meet, containing 
ninety words, fifteen cents. 

And for engroffing each meet, ten cents ; 

Entering the return of procefs, fifteen cents ; 

Filing every libel, claim, pleading, or other 
paper, fix cents ; 

Copies of the pleadings, interrogatories, 
depositions and exhibits, when required, for 
each meet of ninety words, ten cents ; 



C "3 3 

Entering each proclamation, fifteen cents ; 

Entering each default, twelve cents ; 

Entering every rule of court, fifteen cents ; 

Examining each witnefs, and drawing his 
tiepofition, for each meet containing ninety 
words, fifteen cents ; 

Certifying each exhibit or writing fhew-n to 
a witnefs, at his examination, twenty- five 
cents ; 

Drawing every decree, or decretal order, 
for each fheet containing ninety words, fifteen 
cents ; 

And for entering the fame in the minutes, 
for each meet, as aforefaid, ten cents ; 

For drawing a record, or making a copy of 
the proceedings, for each meet containing 
ninety words, fifteen cents; 

But no pleading, depofition, exhibit, or 
other writing, to be infer ted therein verbatim, 
or in hasc verba, (hall be imputed as any part 
of fuch draft. 

Entering a record in the regifter, or en- 
growing or copying proceedings or records to 
be fealed or exemplified, for each fheet of nine- 
ty words, including all the pleadings, depofi- 
tions, exhibits and writings inferred therein, 
ten cents ; 

! y certificate, twenty cents ; 

Entering return of appraifement or fales, 
for each fheet of ninety words, ten cents ; 

Affixing the fc;il to any paper, when re- 
quired, twenty-five cents ; 

Drawing commiilion to examine \vitne r 
for each fheet containing ninety words, 
cents 



And for engroflmg the fame, if on parch- 
ment, including the parchment, twenty cents ; 

And if on paper, for each meet of ninety 
words, ten cents ; 

Swearing each witnefs in court, ten cents ; 

For every entry or writing not mentioned 
or defcribed, fuch allowance fhallbe taxed, as 
for fimilar fervices herein mentioned. 

All money depofited in court, one and a 
quarter per cent. 

or the Sec. 3. Fees of the marfoal In the difiricl court , 

in admiralty and maritime caufes. 

For fummoning every witnefs or appraifer, 
fifteen cents ; 

Making each proclamation, fifteen cents ; 

Serving every capias, attachment or fum- 
mons, one dollar and fifty cents ; 

Travelling each mile, going only, either to 
ferve procefs, or fubpcena witneifes, ten cents ; 

Cuftody fees of a veflel, for each day, one 
dollar and fifty cents : 

Sales, for any fum under five hundred dol- 
lars, two and an half per cent ; and for any 
larger fum, one and a quarter per cent, upon 
the excefs. 

Sec. 4. And bo it further enabled ^ That 
! there be allowed and Jaxed in the fupreme, 
on fu- circuit and diftrift courts of the United States, 
Sri in favour of the parties obtaining judgments 
courts therein, fuch compenfation for their travel 
afccrta?ntd. arid- attendance, and for attornies and coun- 
fellors' fees, except in the diftricl: courts in 
cafes of admiralty and maritime jurifdiclion, 
as are allowed in the fupreme or fuperior 
courts of the refpective flates* 



C **s 3 



Sec. 5. And be it further enafted, That 
this aft fhall continue and be in force for the 
term of one year, and from thence until the 
end of the next feflion of Congrefs thereafter, 
and no longer. 

JONATHAN TRUMBULL, Speaker 

oftbs Houfe of Reprefentatives. 
JOHN ADAMS, Vice-P reftdent of the United 

States, and Prcfident of the Senate. 
APPROVED, March firft, 1793 

GEORGE WASHINGTON, 

Prefident of the United States. 



CHAPTER XXL 

An Aft making an Appropriation U defray the 
Expenfe of a Treaty 'with the Indians North- 
Weji of the Ohio. 

(EXPIRED.) 



CHAPTER XXII. 

An Aft in addition to the Aft^ intitled, " An Aft 
to ejiablijh the Judicial Courts of the United 
States: 9 

Sect, i . TJ E it enafted by the Senate and Houfe 

fj of Reprefentatives of the United Attendance 
States of America^ in Congrefs affembled, That of onc fu - 
the attendance of only one of the juftices of j^a^Tata 
the fupreme court, at the fevcral circuit courts circuit 
of the United States, to be hereafter held, 
Vol. II, F 2 



fliail be fufficient, any law requiring the at*. 
tendance of two of the laid juflices notwith- 
in Handing : Provided, That it (hall be lawful 
eertair a- Qr ^ f u p, reme CO nrt, in cafes where fpecial 
circumflances fliail, in their judgment, render 
the fame neceffary, to aflign two of the faid 
. juflices to attend the circuit court or courts, 
and it fliail be the duty of the juflices fo aflign'- 
ed, to attend accordingly. And provided alfo> 
That when only one judge of the fupreme 
court fliail attend any circuit court, and the 
cliflricl: judge fhall be abfent, or {hall have 
been of counfel, or be concerned in interefl in 
any caufe, then pending, fuch circuit court 
may confifl of the faid judge of the fupreme 
court alone. 

Fuie for Sec. 2. And be it further enaffcd, That if at 
giving any time only one judge of the fupreme court, 
the u de of the diftrifl: fhall fit in a cir- 



cuit court, and upon a final hearing of a caufe, 
emam ca- Qr Q r a ^^ to ^ jurifdiftion of the court, 
they fliail be divided in opinion, it mall be con- 
tinued to the fftcceeding court ; and if upon 
the fecond hearing when a different judge of 
the fupreme court fliail be prefent, a like di- 
vifion fhall take place, the diflricl judge ad- 
hering to his former opinion, judgment fliail 
be rendered in conformity to the opinion of 
the prefiding judge. 

Sec. 3. And be it further enabled, That 
fupreme f t^ e fupreme court, or when the fupreme court 
court may fjiali not be fitting, any one of the juflices 
ci-Iftffiem thereof, together with the judge of the diflricb 
of circuit within which a fpecial feffion, as hereafter au- 
trTaPof erU thorized, fhall be holden, may direct fpecia! 
ir.mai cau.- feflions of the circuit courts to be holden for 
the trial of criminal caufes, at ?iny convenient 



[ 227 ] 

place '-within the diftrift, nearer to the place 
where the offences may be faid to be commit- 
ted, than the place or places, appointed by 
law for the ordinary feflions : That the clerk 

nn i/ii- j doty oi 

! or fuch circuit court ihall, at leait thirty days clerk in 
i before the commencement of fuch fpecial fef- iuch calcs 
| fion, caufe the time and place for holding the 
; fame, to be notified for at lead three weeks 
I fucceffively, in one or more of the news-pa- 
I pers publimed nearefl to the place where the 
feffion is to be holden : That all procefs, writs 
and recognizances of every kind, whether re* 
1 fpecting juries, witnefles, bail or otherwife, 
| which relate to the cafes to be tried at the faid 
| fpecial feffions, fhall be confidered as belong* 
j ing to fuch ieffions, in the fame manner as if 
j they had been iflued or taken in reference 
i thereto : That any fpecial feffion may be ad- 
journed to any time or times previous to the fuch frfli- 
next Hated meeting of the circuit court : That ^" * 
all bufmefs depending for trial at any fpecial 
court, fhall at the clofe thereof be confidered 
as of courfe removed to the next dated term 
of the circuit court : And that the d^ftrid 
courts of Maine and Kentucky, fhall have like p r ivHe<r e$ 
power to hold fpecial feflions for the trial of f rant( , ^ to 
criminal caufes, as hath been heretofore given, courts of 
or is hereby given to the circuit courts, fub- M^ieand 
jeft to the like regulations and reftriclions. 

Sec. 4. And be it further enafted. That bail Ba u f or ap . 
For appearance in any court of the United 

o^ i r i 'i i -' ' 

States, in any criminal cauie m which bail is ta ken. 
by law allowed, may be taken by any judge of 
the United States, any chancellor, judge of a 
fupreme or fuperior court, or chief or fir ft 
judge of a court of common pleas ef any ftate, 
er mayor of a city in either of them, and by 



C 

any perfon having authority from a circuit 
court, or the diftricl: courts of Maine or Ken- 
tucky to take bail ; which authority, revoca- 
ble at the difcretion of fuch court, any circuit 
court or either of the diftricl: courts of Maine 
or Kentucky, may give to one or more difcreet 
perfons, learned in the law, in any diftricl: for 
which fuch court is holden, where, from the 
extent of the diftricl:, and remotenefs of its 
parts from the ufual refidence of any of the 
before-named officers, fuch provifion (hall, in 
the opinion of the court, be necefiary. Provi- 
ded, That nothing herein mall be conftrued to 
extend to taking bail in any cafe where the pu- 
niihment for the offence may be death ; nor 
to abridge any power heretofore given by the ; 
laws of the United States, to any defcriptiou 
of perfons to take bail. 

Sec. 5. Andbeit further enafled. That writs 

f ne exeat anc * f m j un &i n mav t> e granted 
by whom by any judge of the fupreme court in cafes 
& ram e e d. wn ere they might be granted by the fupreme 
or a circuit court ; but no writ of ne exeat 
fhall be granted unlefs a fuit in equity be com- 
menced, and fatisfa&ory proof fhall be made, 
to the court or judge granting the fame, that 
the defendant defigns quickly to depart from 
the United States ; nor (hall a writ of injunc-i 
tion be granted to flay proceedings in any court 
of a ftate; nor mail fuch writ be granted in any 
cafe without reafonable previous notice to the 
adverfe party, or his attorney, of the time', 
and place o|fnoving for the fame. 

Sec. 6. And be it further enatted^ Thatfub-, 

pcenas for witneffes who may be required to 

?o U rTv?tneff- attend a court of the United States in any 

S how far diftricl: thereof, may run into any other dif- 

to extend. trift . p rovided ^ That in civil caufes, the wit- 



t ^9 ] 

nefies living out of the diftritt in \vhlch the 
court is holden, do not live at a greater diftance 
than one hundred miles from the place of 
holding the &;ic. 

Sec. 7. And be it farther enacted. That it 
fhall be lawful for the feveral- courts of the ma k e rules 
United States, from time to time, as occafion [^ r ^" 
may require, to make rules and orders for &c. 
their refpeclive courts, directing the returning 
of writs and proceffes, the filing of "declara- 
tions and other pleadings, the taking of rules, 
the entering and making up judgments by 
default and other matters in the vacation and 
otherwife in a manner not repugnant to the 
laws of the United States to regulate the prac- 
tice of the faid courts refpeclively, as mall be 
fit and neceflary for the advancement of juftice 
and efpecially to that end to prevent delays in 
proceedings. 

Sec. 8. And be it further enafted, That where 
it is now required by the laws of any ftate, that p oods fa ". 

. , * . J . . J ^ r . p ken on writ 

goods taken in execution on a writ or hen faci- of fieri fa- 
as, {hall be appraifed, previous to the fale there- f ia8 how .? 

r n 11 i f r i r i *r DC annraii- 

of, it lliall be lawful for the appraifers appoint- cd. 
ed under the authority of the ftate, to appraife 
goods taken in execution, on a fieri facias iffued 
,out of any court of the United State?, in the 
fame manner as if fuch writ had imied out of 
a court held under the authority of the ftate ; 
and it (hall be the duty of the marfhal, in 
whofe cuftody fuch goods may be, to fummon 
the appraifers, in like manner, as the fherifF is 
by the laws of the ftate required to fummon 
them : and the appraifers mall be entitled to 
the like fees, as in cafes of appraifements un- 
der the laws of the ftate : and if the appraifers, 
being duly fummoned, fhall fail to attend and 



C 2 3 3 

perform the duties required of them, the inar- 
ihal may proceed to fell fuch goods without 
an appraifement. 

JONATHAN TRUMBULL, Speaker 

of the Houfe of Reprefentatives. 
JOHNLANGDON, Preftdent pro 
tempore of the Senate. 

APPROVED, March fecond, 1793 : 
GEORGE WASHINGTON, 

Prefident of the United States* 



CHAPTER XXIII. 

An Ad to alter the 'Times and Places of holding 
the Circuit Courts, in the E after n Diftrici., 
and In North-Carolina, and for other Pur- 
pofcs. 

Sec. i. 1O E it enacled by the Senate and 

JL) Houfe of Reprefentatives of the 

United States of America, in Congrefs qffembled, 

That the fpring circuit courts of the eaftern 

Times for diftricl, inftead of being held at the times and 

fpring cir- places now eftablifhed by law for holding the 

cuks ofeaf- f ame? f na ii from henceforth, be held at the 

^N^ro- times and places following refpedively, name- 

cd a alter " ^ r ; ^ or t ^ le ^^"^ ^ New- York, at New- 
York, on the fifth day of April ; for the dif- 
trift of Connecticut, at New-Haven, on the 
twenty-fifth day of April ; for the diftrict of 
Vermont, at Windfor and Bennington alter- 
nately, beginning at the firft, on the twelfth 
day of May ; for the diftrid of New-Hamp- 
fhire, at Portfmouth, on the twenty-feventh 
day of May ; for thediftrict of Maflachufetts, 
at Boffion, on the feventh day of June ; and 
for the diftrift of Rhode-Ifland, at Newpprt, 



on the nineteenth day of June. And if any 
of the faid days (hall happen on a Sunday, the 
courts, refpe&ively, (hall commence and be 
holden on the day following. And all caufes 
now pending in the faid courts, and all ap- 
peals, proceifes and recognizances returned, or 
returnable to the fame, and all officers, jurors, 
parties and witnefles, fhall be conformable to 
this act. 

Sec. 2. And be it further cnaftcd. That from 
and after the expiration of the feflion of the N. 
circuit court of the flate of North-Carolina, 
which is to commence on the firfl day of June June where 
next (which feflion fhall be held, any thing in to 
this act notwithstanding, at Newbern) the ita- 
ted feflions of the faid court fhall be held at 
Wake court-houfe, either in the court-houfe 
belonging to the faid county, or in fome con- 
venient building" contiguous thereto, until 
there mall be convenient accommodations for 
the faid purpofe in the city of Raleigh, in the 
faid flate ; after which, and upon its being 
made fo to appear to the faid court, the faid 
court is hereby authorized and directed at the 
clofe of the feflion then depending, to adjourn 
the faid court to meet at its next flated feflion 
in the city of Raleigh ; which faid city of 
Raleigh iliall thereafter be the place at which 
the flated feflions of the faid court fhall be 
ronflantly held. 

Sec. 3. And be it further cnafted, Inafmuch 
as there was not a fufficient quorum of judges 
to hold the circuit court for the diflrict o 
North-Carolina, for the purpofe of doing bufi- iu> 
nefs, at November term, one thoufand feven 
hundred and ninety-two, that it fhall and may moned for 
be lawful for the diflrift judge of the flate of ^ r d m jun ' 
North-Carolina, to direct the elerk of the 



court to iiTue fuch procefs for the purpofe of 
^ av i n g jurymen fummoned to attend the faid 
court, at the term to commence on the firit 



the like purpofe, returnable to November term 
above mentioned ; that the jurymen ordered 
by the faid procefs to be fummoned, mall be 
ordered to be fummoned in the fame propor- 
tion, and from the fame counties, as thofe ju- 
rymen who were ordered to be fummoned by 
the procefs returnable at November term above 
mentioned : And the marfhal is to execute the 
faid procefs, and the jurymen legally fummon- 
ed in confequence thereof, are to attend the 
faid court, under the like penalties for difobe- 
dience, as if the faid procefs had been ordered 
to be iiuied as ufual by the faid court ; and 
the marfhal and the jurymen, who attend at 
the faid court, mail be entitled to the like al- 
lowance for their fervices refpectively. And it 
is hereby declared, that all fuits and proceed- 
ings of what nature or kind foever, which 
have been commenced in the faid court, and 
not finifhed, ihall be proceeded on at the en- 
luing tern, in the fame manner and to the 
fame effect, as if the faid circuit court had 
been regularly held at November term as 
aforefaid, and continuances had been regular- 
ly held of all fuch fuits and proceedings from 
the faid lad-mentioned term to the enfuing 
term. 

JONATHAN TRUMBULL, Speaker 

of the Houfe cf Reprefentatives. 
JOHN LANGDON, Prefidcnt pr* 

tempore of the Senate. 
APPROVED, March fecond, 1793: 
GEORGE WASHINGTON, 

Prejident of the United States*. 



CHAPTE XXIV. 



An Acl f implement ary to the Afi,. intitled^ " An 
Aft to provide more effectually for the Cclletiion 
of the Duties impofed by Law on Goods , Wares , 
and Merchandize imported Into the United 
States, and on the Tonnage of Ships or Vejftls" 

Sec. i . TJ E it enacled by the Senate and Houfe 

jfj of Reprefentatives of the United Hardwicfc 
States of America, in Congrefs affemblcd, That 
there ihall be in the (late of Georgia, a dif- 
tricl, to be called the diftrict of Hardwick, to 
comprehend all the waters, fhores, bays, har- 
bours, creeks, and rivers, between the fouth 
point of Oifabow iiland, and the fouth point 
of Warfaw Ifland ; that in the faid diftricl: the 
town of Hardwick fhall be the only port of One port of 
entry, and a collector for faid diftrict fhall be therein & 
appointed to refide at Hardwick, and the faid a 
collector fhall be entitled to receive the like 
fees, and the fame yearly allowance which is 
paid to the collector of the diftritt of St. Ma- 
ry's in the faid flate. 

Sec. 2. And be it further enacled ', That fo 
much of Lake Champlain, with the fliores, 
bays and rivers connected therewith as lieth 
within the ftate of New- York, fhall be one a 
entire diftricl:, to be called the diftrict of 
Champlain ; and the Prefident of the United 
States, be, and hereby is authorifed to ap- 
point fuch place within faid diftricl: to be the 
port of entry and delivery within the fame as 
he may deem expedient ; and a collector for Pre{ - lden ,. 
the faid difiricl fhall be appointed to refide at to 
fuch place within faid diftria as the Prefi- ^ 
dent of the United States (hall direct, \vho coiieao 
fhall be allowed the fame fees as are allowed th - ria ' 
the collector in the diftricl of Vermont : Pre* 

VOL. I>I. G 2 



C 234 3 



Allow 

l.o cv.! I ro- 
tors of Ver- 
& 



nce 



after June 
next : 



and to the 
collectors 
of Pennf. 
N. York, 
Bofton, 
Charlef- 
town & 
Baltimore. 



videdneverthelefs) That the exception contain- 
ed in the fixty- ninth fection of the act above- 
mentioned, relative to the diftrict of Louif- 
ville, mail be, and hereby is extended to the 
diftrict of Champlain. 

Sec. 3. And be it further enafted. That from 
and after the laft day of June next, the collec- 
tors in the diftricts of Vermont and Champlain, 
in addition to the fees and emoluments which 
may accrue to them in the collection of the 
duties of impoft and tonnage by the provifions 
already made, fhall feverally have and be en- 
titled to receive the yearly fum of one hun- 
dred dollars each. 

Sec. 4. And be it further enacted \ That from 
and after the laft day of June next, the allow- 
ance of one half per centum to the collectors 
of the diftricts of Pennfylvania and of the city 
of New- York, and the allowance of one per 
centum to the collectors of the diftricts of Bof- 
ton and Charleftown, arid of Baltimore, on 
the amount of all the monies by them refpec- 
tively received, on amount of the duties of 
impoft and tonnage, fhall ceafe, and inftead 
thereof, from and after the faid laft day of June 
next, the collectors of the diftricts of Penn- 
fylvania, and of the city of New- York, fhall 
be entitled to three-eighths of one per centum, 
and the collectors of the diftricts of Bofton 
and Charleftown, and of Baltimore, fhall be 
entitled to three-fourths of one per centum, 
on all fuch monies by them reflectively re- 
ceived. 

Sec. 5. And be it further ena fled, That from 
and after the firft day of January next, no of- 
ficer of the cuftoms, or other perfon employ- 
ed under the authority of the United States, 



C *35 ] 

in the collection of the duties impofeJ by law 

i i j* j v^ ' 

on goods, wares and merchandize imported in- oi r ;ct r 

to the United States, and on the tonnage of 



mips or veffels, mall own, in whole or in part, f 
any faip or veifel, or act as agent, attorney or ter lft J- n - 
confignee for the owner or owners of any {hip * 
or vefiel; or of any cargo or lading on board 
the fame : Nor fhall any officer of the ciiiloms, 
or other perfon employed in the collection of 
the duties as aforeiaid, import, or be concern- 
ed directly or indirectly in the importation of 
any goods, wares or merchandize into the 
United States, on penalty that every perfon 
fo offending and being thereof convicted, fhall 
forfeit the fum of five hundred dollars. 

Sec. 6. And be it further enacted^ That fo And 12 tec. 
much of the twelfth lection of an act, intitled, ^^^ 
" An act making alterations in the treafury 
and war departments, as rcftricted all officers ; h , c d , ll f l ?" 

lal r 

of the United States employed in the collec- intcrcftia 

tion of the duties imnofed by law on Foods, ' he f 

. *,..' , . c . 

wares and merchandize imported into the 

United States, and on the tonnage of (hips or 
veifels, from buying or difpofmg of the funds 
or debts of the United States, or of ;any mite, 
or of any public property of either, be and 
the fame is hereby repealed ; fo far as the 
fame prohibits them from difpofmg of their 
intereft in the funds or debts of the United 
States, or of any of thefaid dates. 
. Sec. 7. And be it further enafted, That the prci-dent 
Prefident of the United Stater, mav, if he mall " la y, in - 

, . , -,,.-'. f\ creale ma- 

judge it conducive to the pumic mtefeft, m- 
creafe the complement of ffrariners to the fe- 
veral revenue cutters, .fo that the number do 
not exceed feven mariners'' to each, cutter ; and 
that from and after the'rirlt day of April next. 



, t ^ iere b e allowed, in lieu of the compenfations 
the officers now eftahlHhed, to die mailer of each reve- 
ttr'iirrt^' nue cutter > f rt 7 dollars per month, and the 
April. fubfiflence of a captain in the army of the 
United States ; to a firit mate, twenty-fix dol- 
lars per rnon h; to a fecond mate, twenty dol- 
lars per month ; to a third mate, eighteen 
dollars per month ; to every mate, the fubilf- 
tence of a lieutenant of the laid army ; and to 
each mariner, not exceeding ten dollars per 
month, to be paid by the collectors of the re- 
venue, who (hall be defignated for that pur- 
pofe : And that the Secretary of the Treafury 
be, and he is hereby authorized to contract: 
for the fupply of rations for the officers and 
men of the faid cutters, on fuch terms, as 
ihall, from time to time, appear reafonable. . 

JONATHAN TRUMBULL, Speaker 
of the Houfe of Reprefentativcs. 

JOHN LANGDON, Preftdent prt 

tempcre of the Senate. 
APPROVED, March fecond, 1793: 

GEORGE WASHINGTON, 

Prefident of the United States. 



C H AFTER XXV. 

An Act providing for the Payment of the Firft 
Inftalment due on a Loan made of the Bqnk 
cf the United Stales. 

BE // enacted by the Senate and Houfe of 
Reprefentqtives of the United States of 
America, in Congrefs qffembled^ That the Pre- 



C 237 ] 

fident of the United States be, and he hereby 
is authorized and empowered to apply two 
hundred thoufand dollars, of the monies which monies 
may have been borrowed, in purfuance of the 
fourth feflion of the ad, intitled, " An aft to pay firft 
making provifion for the reduction of the pub-'. } 
lie debt," in payment of the firft inftalment, u - s - 
due to the bank of the United States, upon a 
loan made 'of the faid bank, in purfuance of 
the eleventh feftion of the act for incorpo- 
rating the fubfcribers to the faid bank. 

JONATHAN TRUMBULL, Speaker 
of the Houfe of Reprefentati-ves. 

JOHNLANGDON, Prefident pro 

tempore of the Senate. 

APPROVED, March fecond, 1793: 

GEORGE WASHINGTON, 

Prefident of the United States. 



C H A P T E R XXVI. 

A n Aft for extending the Time for receiving on 

Loan that Part of the Dome/tie Debt of the 

United States, which may not be fubfcribcd^ 

prior to the firft Day of March, one thoufond 

feven hundred and ninety-three. 

(EXPIRED.) 



CHAP T E R XXVII. 

. An Aft fupplementary to the Ad for the Ejta- 
blijh?nent and Support cf Light l -Houfes, Bea- 
cons, Buoys and public Piers. 

Sec. i . T> E /'/ -enacled by the Senate and Houfe 
JL3 of Representatives of the United 
States of America^ in.Gongrefs a/fefiibled, .That 
all expenfes, which (hall accrue from the firft 
day of July next inclufively, for the neceflary 
fupporty maintenance and repairs of all light-- 
hour**, &c, noufes ? beacons, buoys, the flakeage of chan- 
cipcnfes nels on the fea-cbaft, and public piers, mall 
tremtoVe 11 continue to be defrayed by the United States, 
dcfrayedby until the fir'ft day of July, in the year one 
tnou ^ an( i ^ even hundred and ninety-four, not- 
withftanding fuch light-houfes, beacons, or 
public piers, with the lands and tenements 
thereunto belonging, and the jurifdiclion of 
the fame, mail not, in the mean time, be ceded 
to, or veiled in the United States, by the ftate 
or ftates refpeftively, in which the fame may 
be : and that the laid time be further allowed 
to the ftates refpeclively, to make fuch ceffion. 
Secretary ^ ec ' 2 * ^ n< ^ ^ e it further enabled ^ That the 
of Trcafi- Secretary of the Treafury be authorized and 
beacomhT directed to caufe a floating beacon or buoy to 
the chefa- be provided and placed on Smith's point fhpal, 
N " ^ n tae Chefapeak bay, and a beacon or float- 
ing buoy at the fouth-weft ftraddle on the 
Royal-fhoal, near Ocracoke inlet, in North- 
Carolina. 

JONATHAN TRUMBULL, Speaker 

of the Houfe of Representatives. 
JOHN LANGDON, Prefident fro 

tempore of the Senate. 
APPROVED, March fecond, 1793 : 

GEORGE WASHINGTON, 

Prejideni of the United States. 



CHAPTER XXVIII. 

An Acl providing an annual Allowance for the 
Education of Hugh Mercer. 

E // enabled by the Senate and Houfe of 
Representatives of the United States of 
America , in Congrefs affemblcd^ That the an- f or educati- 
nual allo\vance to be made for the education on of Hugh 
of Hugh Mercer, fon of the late general Mer- 
cer, purfuant to the refolution of the former 
Congrefs of the date of the eighth of April 
one thoufand feven hundred and feventy-feven, 
(hall be four hundred dollars from the time 
for which he has been lad paid until his edu- 
cation mail be finifhed, or he fhall arrive at 
the age of twenty-one years. And that the 
Comptroller of the Treafury be authorized to 
revife and fettle the account of the faid Hugh 
Mercer for his penfion to the prefent time ; fettle his 
the balance of which, as alfo the annual allow- account - 
ances aforefaid, as they mall become due, mail 
be paid to his guardian at the treafury. 

JONATHAN TRUMBULL, Speaker 
of the Houfe of Reprefentatives. 

JOHN LANGDON, Prefident pro 

tempo re of the Senate. 
APPROVED, March fecond, 1793: 

GEORGE WASHINGTON, 

Prefident of the United States. 



CHAPTER XXIX. 

An Aft far the Relief of Elijah Boftwick. 



[ 24 ] 

CHAPTER XXX. 

An Ad making certain Appropriations therein 
mentioned. 

BE It enabled by the Senate and Houfe of Re* 
prefent at ives of the United States of Ame- 
rica> in Congrefs affbmbled, That there be ap- 
Approprl- proprialed to the purpofes herein-after men- 
taln'montcs tioned, to be paid out of any monies, which 
for Defray- ihall come into the treafury of the United 
fpfcifi'cde" States, to the end of the prefent year, (not 
proceeding from the duties on imports and 
tonnage) and not heretofore appropriated, and 
out of the furplus of any of the duties of im- 
poil and tonnage, which may accrue, during 
the prefent year, the fum of fifty-nine thou- 
fand one hundred and feven dollars, and forty- 
one cents : 

For purchafing two lots of ground, with 
the buildings thereon, and for ere&ing other 
buildings, and purchafing fundry materials and 
ncceiTaries for the ufe of the mint, twelve 
thoufand and feventy-nine dollars, and feven- 
ty-eight cents : for the ialaries of the officers 
of the mint, from the firil day of July to the 
thirty-firft day of December, one thoufand 
fevcn hundred and ninety -two, two thoufand 
fix hundred and ninety-four dollars, and eighty- 
eight cents : for the f alary of the following 
officers of the mint, for the year one thou- 
fand feven hundred and ninety-three ; the di- 
rector, two thoufand dollars ; the aflayer, fif- 
teen hundred dollars ; the chief coiner, fif- 
teen hundred dollars ; the engraver, twelve 
hundred dollars ; the tr afurer, twelve hun- 
dred dollars ; three clerks, five hundred dol- 
lars each, fifteen hundred dollars : for de- 
fraying the expenfes of workmen, for the year 



one ttioufand feven hundred and ninety-three, 
a fum not exceeding two thoufand fix hun- 
dred dollars : for defraying the expenfes of C 
bringing to the feat of government,- the votes f p- ci [ lc 

<- / 3 V ~ r i n r -r r> mand*. 

of the electors in the feveral itates, for rrefi- 
dent and Vice-Prefident, a fum not exceeding 
one thoufand four hundred and ninety-nine 
dollars : for difcharging the claim of Return 
Jonathan Meigs, and the legal representatives 
of Chriflopher Greene, the fum of four hun- 
dred dollars : for the pay, fubfiftence and 
forage due to Winthrop Sargent, as adjutant 
general to the troops late under the command of 
general St. Clair, five hundred and fixty-nine 
dollars, and forty- five cents : for paying Dun- 
iap and Claypoole, for printing performed un- 
der the direction of a committee of the conven- 
tion of theUnited States, four hundred and twen- 
ty dollars : for defraying certain extra- expen- 
fes of the doorkeeper of the Houfe of Reprefen- 
tatives, and for clerk-hire, and allowance to 
vitneffes attending the late committee appoin- 
ted, to inquire into the failure of the expedi- 
tion under general St. Clair, four hundred dol- 
lars : for paying the principal clerk to the 
Secretary of the Senate* for Ills fervices, from 
the firft of July to the fourth of November^ 
one thoufand feven hundred and ninety two, 
one hundred and twenty feven days, at three 
dollars per day, three hundred and eighty-one 
dollars : for paying the fame clerk for his fer- 
vices, for fix months, over and above his 
former allowance, five hundred and forty-fe- 
ren dollars and fifty cents : for fix months 
additional pay to the engroffing clerk, three 
hundred and iixty five dollars : for extra-fer- 
vices of the door-keeper^ during the prefent 
feffion, ninety-one dollars and fifty cents r. 

VOL. II. H 2 



C 34* ] 
f or deira\m t l ie expenfe attending the ftatlng 

tor t '.' -;i i 

Defraying and printing the public accounts, in purfuasice 

~ of the order ^ the Houfe of Reprefentatives, 
of the thirtieth of December, one ihoufand 
fevcn hundred and ninety-one, a fum not ex- 
ceeding eight hundred dollars : for paying 
the account of the truftees of Wilmington 
public grammar-fchool and academy, two 
thoufand five hundred and fifty- three dollars, 
and fixty-four cents : to make good fo much 
deficient in the appropriation of the year one 
thoufand feven hundred and ninety-one, for 
defraying the expenfes of light-houfes, bea- 
cons, buoys and public piers, a fum not ex- 
ceeding nine hundred and fifty-five dollars and 
fixty-fix cents : for building a light-houfe on 
Montok point, a fum not exceeding twenty 
thoufand dollars : for completing the light- 
houfe on Bald-head, at the mouth of Cape 
Fear river, two thoufand dollars : for the Sa- 
laries of clerks, not exceeding three, to be em- 
ployed in the office of the commiilioner of 
the revenue, at the rate of five hundred dol- 
lars per annum, fifteen hundred dollars : for 
defraying the expenfe of books and printing, 
incident to the acls for recording the regifter- 
Ing of mips or veifels, and enrolling and licen- 
fing veflels employed in the coafting trade, 
three hundred and fifty dollars. 

JONATHAN TRUMBULL, Speaker 
of the Houfe of Reprefentatives. 

JOHN LANGDON, Prefident pro 
tempore of the Senate* 

APPROVED, March fecond, 1793: 

GEORGE WASHINGTON, 

Prefident of the Unijed States. 



C 

CHAPTER XXXI. 

An Acl making Addition to the Co?npcnfation of 
certain public Officers. 

BE it enafted by the Senate and Houfe of 
Reprefentatives of the United States of Addltional 
America, in Congrefs affembled^ That there be Annual ai- 
allowed to the Auditor of the Treafury, the 
fum of five hundred dollars ; to the Commif- 
fioner of the Revenue, the fum of five huru 
dred dollars ; to the Comptroller oftheTrea* 
fury, the fum of two hundred and fifty dol- 
lars, and to the Regifler of the Treafury, the 
fum of two hundred and fifty dollars, per an- 
num, in addition to the compenfation already 
allowed to them refpe&ively, to commence on 
the firfl day of April next, payable in like 
manner as the prefent compenfations are pay* 
able. 

JONATHAN TRUMBULL, Speaker 

cf the Hoitfe of Reprefcntatives. 
JOHN LANGDON, Prefident fro 

temper e cf the Senate. 
APPROVED, March fecond, 1793 : 

GEORGE WASHINGTON, 

Prefident of the United States* 



CHAPTER XXXIL 

An Acl for the Relief of Simeon Thaycr*. 



THE 



TREATIES 



MADE BY THE 



UNITED STATES 



AMERICA, 



WITH 



Other Nations. 



TREATY 

O F 

AMITY A'ND COMMERCE 

CONCLUDED BETWEEN 

His Majefty the King of Sweden 

AND THE 

UNITED STATES OF NORTH- AMERICA* 



TRANSLATION OF THE 

TREATY of AMITY and COMMERCE, 

concluded between his Majefly the King of 
Sweden and the United States of North- 
America. 

THE King of Sweden, of the Goths and 
Vandals, &c. &c. &c. and the Thirteen 
United States of North-America ; to wit : : 
Nevv'-Hamplhire, MalTachufetts-Bay, Rhode- 
Ifland, Connecticut, New- York, New-Jerfey* 
Pennfylvania, the counties of New-Caftle y 
Kent and SufTex on Delaware, Maryland, Vir- 
ginia, North-Carolina, South- Carolina, and 
Georgia, defiring to eftablifh, in a liable and 
permanent manner, the rules which ought to 
be obferved relative to the correfpondence and 
commerce which the two parties have judged 
eecefifcry to eilablifh between their refpeclive 
countries, dates and fubjecls ; his Majefly and 
the United States have thought that they could 
not better accomplifh that end, than by taking 
for a balls of their arrangements the mutual, 
interefl and advantage of both nations, there- 
by avoiding all thole burthenfome preferences, 
which are ufually fources of debate, embarrail- 
ment and difcontent, and by leaving each par- 
ty at liberty to make, refpecling navigation 
and commerce, thofe interior regulations which 
ihall be mofh convenient to itfelf. 

With this view, his Majefty the King of 
Sweden has nominated and appointed for his 
plenipotentiary Count Guilavus Philip de 
Creutz, his ambaflador extraordinary to his 
Moil Chriftian Majefly, and knight com- 
mander of his orders ; and the United States, 
on their part, have fully emppwered Benja- 



ORIGINAL. 

TRAITE D'AMITIE et de COMMERCE, 

Conclu entre fa Majefte le Roi de Suede ct'les 
Etats Unis de /'Amerique Septentrionale. 

LE Roi de Suede, des Goths at des' Van- 
dales, &-C..-&C. &c. et les treize Etats 
Unis dc 1'Amerique Septentrionale, .fgav-oir, 
Newrllanipfhire, Maitachufetts-Bay, RJbdde- 
Ifland, Connecticut, New- York, New-Jerfey, 
Penfylvanie, les coint^s deNew-Caftle, de Kent 
et de Sufiex fur la Delaware, Maryland, Vir- 
ginie, Caroline Septentrionale, Caroline Meri- 
dionale, et Georgie, defirant d'etablir d'une 
maniere flable et permanente les regies qui 
doivent etre iuivies relativement a la corref- 
pondance et au commerce que les deux par- 
ties ont juge neceflaire de fixer entre leurs pays, 
etats et fujets refpeclifs, fa Majefle et les Etats 
Unis ont cru ne pouvoir mieux remplir ce but 
qu'en pofant pour bafe de leurs arrangemens, 
Tutilite et Tavantage reciproques des deux na- 
tions, en evitant toutes les preferences onereu- 
fes qui font ordinairement une fource de dif- 
c unions, d'embarras et de mecontentements ; 
et en laiffant a chaque partie la liberte de faire 
an ujet du commerce et de la navigation, les 
reglemens interieurs qui feront a fa conve- 
nance. 

Dans cette vue fa Majefte le Roi de Suede: 
a ncmme et ccnilitue pour fon plenipotentiaire 
]e Comte Guflave Philippe de Creutz, fon am- 
bafladeur extraordinaire pres fa Majefte tres 
.Chretienne et Chevalier commandeur de fes 
ordre's ; et les Etats Unis ont de leur cote 
pourvu de Isurs pkinpouvoirs le Sieur Benia-. 

VOL. II, I 3 



c 



Pcscc and 
friend fliip 
;(: \\ccn 
the two 



her 

, to 

^rant fa- 
to 

otlicr na- 
^ions that . 
{\VA\\ no: 
become 
common to 
tlic otSier 
party 



Subjects 01 

titled to 
the futr.c 

in U. S. a*: 



vourcd nr 



ram .Franklin, .their, mimfter 
to his Moft Chrirtian Majerty : the laid plrni- : 
potentiaries, after exchanging their full pow- 
ers, and after mature deliberation in confe- 
quence thereof, have agreed upon, .concluded 
and %ned the following articles ; 

ARTICLE I. 

Thefc foall be a firm, inviolable and univer- 
fal peace, and a true and fmcere friendfhip be- 
. tween the King of Sweden, his heirs and fuc- 
*:effors, and the United States of America, 
and the iubjecb of his Majefty, and thofe of 
the faid States, and between the countries, 
iOands, cities, and towns fituated under the ju- 
rifdiclion of the King and of the faid United 
States, without any exception of perfons or 
places; and the conditions agreed to in this 
prefent treaty, (hall be perpetual and perma- 
nent between the Ring, his heirs and fuccef- 
fors, and the faid United States. 

ARTICLE IT. 
The Kinp" and the United States en^a^e 

o o o 

. mutually, not to grant hereafter any particu- 
lar favour to ether nations in refpecl to com- 
merce and navigation, which fliall not imme- 
diately become common to the other party, 
who fhnll enjoy the fame favour freely, if the 
conceflion was freely made, or on allowing 
the fame compenfation, if the conceflion : w<ls 
conditional. 

ARTICLE III. 

The fubjecls of the King of fvsvHen fhall 
not pay in the ports, havens, roads, countries, 
ifiands, cities and towns of the United States, 
or in either of them, any other nor greater 
or imports of what nature foever they 
K\ than thofe which the moil favoured 



L 2 5>* 



min Franklin, "kirr miv lenipotentiaire 

; la M^fcffc.':trcs [Uctienne>; le-s qiv. 
i ipotentiuhvs; 'apris 4 avoir ech?nge k 

pleinpouvoirs ct 'en cxxnftkp&nce d-une m 



, ct %ne Ics arJ 

1 

' :: 'ARTia : 

r . . . , . , 

II y aura une paix ferme, inviolable efuni- 

vcrielle et une.^uiiiic vraic et fincerc entre le 
Roi doSuede,ies heritiers et fucceffeurs, et en- 
i-Auts Unis de TAmerique, ainfi qu'en- 
tre les .{ujets de fa Majefte et ceux des dits 
Etats., ,connne auffi entre les pays, ifles, villes 
et places, fituees fous la jurifdiclion du Roi, 
et des diis Etats Unis, fans exception aucune 
de perfonnes et de lieux ; les conditions (h- 
pule.es dans le prefent traite devant etrc perr 
petuelles et permaneates entre le Roi, fes -he* 
ritiers et fucceifeurs et les dits Etats Unis. 



ARTICLE II. 

Le Roi et Tes Etats Unis s'engagent niutu- 
ellement a n'accordef par la fuite aucune fa- 
veur particuliere en fart de commerce et de 
navigation a d'autres nations, qui ne devienru? 
auffitot commune a 1'autre p^rtie ; et celle- 
ci. jouii-a de cette faveur gratuitement fi la 
conceiTion eft gratuite ; ou en accordant la 
meme compenfation fi la CicncsfTion eft condi- 
tionelle. 

ARTICLE '.'III.' 

Les fujets du Roi de Suede ne payerbnt- dans 
3fs ports, harres, rades, Cvontrees, ifles, villes 
et places des Etats Unis, ou dans aucun d'- 
iceux, d'au.tres ni de plus grands droits et 
impots de quelque nature qu'ils piiijient etre, 
que ceux; ciie les nations les plus 



nations are -of fhalf ;be obUgfcd to pay; 
they fhall enjoy all the<rights,Jibertie8, privi- 
leges, immunities and exemptions in trade,, 
navigation and commerce which the faid na- 
tions do or mall enjoy; whether in pa-fling 
from one port to another of the United States, 
or in going to or from the fame, from or to 
any part of the world whatever. 

' 
ARTICLE W. 

citizens of The fubjecls ' and inhabitants of the faid 
u. s!ind- United States (hall not pay in the ports,-. hsU 
iLmcrhi vens ? r ads, iflands, cities and towns und^f 
leges in the dominion of the King of Sweden,' any 

tiTmoVfa- o ^ ei ' ^ g reater duties or imports of what na- 
voured na- ture fo'ever they may be, or by what name 
tion. foever called, than thofe which the mofl fa- 
voured nations are or fhall be obliged to pay \ 
and they fhall enjoy all the rights, liberties, pri- 
vileges, immunities and exemptions in trade, 
navigation and commerce which the faid na- 
tions do or mall enjoy, whether in paffing from 
one port to another of the dominion of his 
faid Majefty, or in going to or from the fame, 
from or to any part of the world whatever. 

ARTICLE V. 

Liberty of There fhall be granted a full, perfeft and 
&"c.fe- nce> entire liberty df confcience to the inhabitants 
cured. anc j fubjects of each party, and no perfon mall 
be molefted on account of his worfhip, pro- 
vided he fubmits fo far as regards the public 
derhonftration of it to the laws of the country. 
Moreover, liberty fhall be granted, when any 
of the fubjefts'or inhabitants of either party 
'die in the territory of the other, to bury them 
in convenient and decent places, which mall 
-be affigned for the piirpofe; and the two coil- 



t *53 I 

font ou feront tenues de payer ; et Us jouiront 
de tous les droits, liber tes, privileges, immu- 
nites et exemptions en fait de negoce, naviga- 
tion et de commerce dontjouiflent ou jouiront 
les dites nations, foit en paifant d'un port a 
i'autre des dits Etats, foit en y allant ou en 
revenant de quelque partie ou pour quelque 
partie du mondeque ce'foit. 

ARTICLE IV. 

Les fujets et habitants des dits Etats Unis 
ne payeront dans les ports, havres, rades, ifles, 
villes et places de la . domination du Roi de 
Suede, d'autres ni de plus grands droits on 
impots, de quelque nature- mi'ils phiitent^tre 
et queique nom qu'ils puienfavoir, que ceufc 
que ks nations; les plus favorifees font on fe- 
ront ! t^nues de payer ; et J-ls jouiront -de tous 
les droits, libertes, privileges, immunites,^ et 
exemptions en fait de ne'goce, navigaticm.et 
commerce dont jouilTent on jouiront ks dites 
nations-, foit en paflant d'un port a. tsri autne 
de la domination de fa dite Majefte, foit en y 
allant ou en revenant de quelque partie .du 
mxmde ou pour quelque partie du monde que 
ce foit, 

ARTICLE V. 

II fera accordc une pleine, parfaite et ejitiere 
iiberte d-e confcience aux habitants et fujets de 
chaque partie, et perfonne ne fera molefle a 
Tegard de fon culte, moyennant qu'il fe fou- 
mette^ quant a la demonftratioH pubiique, aux 
loix du pays. "De plus on'permettra aux habi- 
tans et fujets de chaque partie, qui decedent 
dans le'temtoire de Tautre pirtie, d'etre en- 
terres fk;is les-en-droits convenables et decent^ 
qui" feront afli^neb a-cet diet, et les deux puif- 

chacune 'd* 



C *54 '1 



^iticr prsrrif \: ']] nrovlde ; ~each in its ] 
dl'dtioii, that the Tub] eels and inhabitants re- 
fpectivcly may obtain certificates of the death, 
in cafe the delivery of them is required. ' 

ARTICLE VL 






The fubjecls of the contracting parties in. 
the refpeclive dates, may freely difpofe of tlieir 
goods and e (Feels cither by teflament, dona- 
tion or other wife, in favour of iuch perfons as 
they think proper ; and their heirs in whatever 
place they (hall refjde, mall receive the fuo 
jdeflion even ab inte/tdto, either in perfon or by 
.their attorney, without, having occafion to 
take oiitdcttcrs of naturalization. Thefe in- 
heritances, as well as the capitals and effects, 
-which the fubjecls of the two parties, in chang* 
ing their abode, fhall be defirous of remov- 
ing- from the place of their abode, fliall be ex- 
empted -from all duty called " dr oit.de xlelrac* 
-.tictt^ en the part of. the government of the 
two ftates refpectively. But it is at the fame 
time j agreed,; that .nothing contained m_this- 
article ihall in any manner derogate from the 
ordinances .-publiflied in Sweden again.il. emi- 
grations, or which may hereafter be puhtiftied, 
which (hall rem^iii ki full force and vigour,,. 
The United States" on their part, or any of 
fl I've at liberty to make receding 

:"er, Jtich hws;aVthcv think proper. 

:.. | VII. . 

i.ibt!-. ' - ; - .els and inhabitant^ 

ty to trade :n of Sweden, as' well as thofe. of 

vitii a na- tkb :> Uriitipd Suites, ikill be. permitted to navi- 

wtth 3 ar veilels in all fafety and freedom., 

other. and without an.y -regard' to thofe to whom, -the 

raerchandizes^and car-goes may belong, from 

any port whatever j and the fubjecls and in- 



I 355 J 

fa jurifdi&ion, a ce que les fujets . et habitant 
refpeftifs puiffent obtenir les certificats .dc 
mort en cas qu'il foit requis de les IJvrei . 

ARTICLE VI. 

Les fujets des parties contraftantes pv 
ront dans les e.tats refpeclifs difpofer librem:-nr 
xle leurs funds ct bicns, foit par teftament, do- 
nation ou autrement en faveur dc tJK-s per- 
fonnes que bon lenr femblera, et leurs heritl. 
dans quelqueenclroit ou ils demeureront, pour- 
ront recevoir ces fuccellions,mr 
foit en perfonne, foit par un prccureur, fans 
qu'ils a'ient befoin d'obtenir des leltrcs de na- 
turalifation. Ces heritages, aufTi bien quo 
cnpitaux et foriJs que les fujets des deux par- 
ties, en changeant de demeure, vcuclront fair-e 
fortir de rendroit de leur domicile, feront ex- 
emts'de tout dfoit de detraction, de la part dn 
gouvernement des deux etats relbeclifs. Mais 
il eft convenu en mcme terns, que fp contenu 
de cet artiele ne derogera en aucune manicre 
nux ordonnancec promulguees en Suede con- 
tre les emigrations, ou qui pourront par la fuite 
etre promulguees, les quelles demeureront 
dans tcnitc leur force et vigueur. Les Eta't.s 
Unis de leur cote, ou aucim d ? entre eax, feront 
libres de ft atuer fur cette matiere telle loi qu'ils* 
jugeront ; a propos. 

ARTICLE VII. 

II fera permis a tons et un chacun des fujets 
ct habitans du Royaume de Suede, ainfi qu* 
a ceux ,dcs Etats Unis, de naviguer avec leur* 
batimens en toute furete et liberte, et fans dif- 
tinclion de ceux a qui les marchancliies et leur? 
chargemens appartiendront, de quelque port 
que ce foit. II fera perm-. ent aux 



I 355 

liabitants of the two Hates mall likewiie be 
permitted to fail and trade with their veiTels, 
and with the fame liberty and fafety to fre- 
quent the places, ports and havens of pov/ers, 
enemies to bath or either of the contracting; 
parties, without being in any wife molefted or 
troubled, and to carry on a commerce not 
only direclly from the ports of an enemy to a 
neutral port, but even from one port of an 
enemy to another port of an enemy, whether 
it be under the jurifdicqon of the fame or of 
different princes. And as it is acknowledged 
by this treaty, with refpecl: to mips and mer- 
chandizes, that free {hips mall make the mer- 
chandizes free, and that every thing which 
ftall be on board of (hips belonging to fub- 
ex- jecls of the one or the other of the contracting 
parties, ihall be conlidered as free, even though 
tides. th e cargo or a part of it mould belong to the 
enemies of one or both ; it is neverthelefs pro- 
vided, that contraband goods fhall always be 
excepted ; which being intercepted, {hall be 
proceeded againll according to the fpirit of 
the following articles. It is likewife agreed, 
that the fame liberty be extended to perfons 
who may be on board a free {hip, with this ef- 
fect, that although they be enemies to- both or 
either of the parties, they {hall not -be taken 
out of the free {hip, unlefs they are foldiers 
in the actual fervice of the faid enemies. 



ARTICLE VIII. 

This liberty of navigation and Commerce 



toaifkhfds ^ a ^ extcn d to all kinds of merchandizes, ex- 
of mer- cept thofe only which are expreifed in the fo!~ 

^ owm g article, and are diftinguifeqd by the 

name gf contraband goods, 






I 257 ] 

jets et habitans des deux Etats de naviguer et 
de negocier avec leurs vaiffeaux et marchan- 
clifcs, et c-ie frequenter avec la meme liberte' e: 
ftiretc, les places, ports et havres des puifTan- 
ces ennemies des deux parties contraclantes, 
ou de i'une d'eiles, fans etre aucunement in- 
quietcs-ni troubles, et de faire le commerce nou 
feulcmcnt direftement des ports de Tennemi 
u un port ncutre, mais encore d'un port enne- 
mi a un autre port ennemi ; foit qu'il fe trouve 
{bus la jurifdiclion d'un meme ou de difFe'rents 
princes. Et comme ii efc 1-0911 par le prefeni 
traitc par rappart aux navires et aux marchan- 
difes, que les vaifleaux libres rendront les 
marchandifes iibres, et que Ton rcgardera com- 
me iibre tout ce qui fera abord des navires ap- 
partenants aux fujets d'une ou dc 1'autre des 
parties contradantes, quand meme le charge- 
rnent, ou partie d'icelui appartiendroit aux en- 
nemis de Tune des deux ; bien entendu nean-* 
moins que les rnarchandiies de contrebande fe- 
ront toujours exceptces ; les quelles etant in- 
ter ceptees, il fera precede conformement a 
1'efprit des articles fuivants. II eft egalement 
convenu que cette meme liberte s'etendra aux: 
perfonnes qui naviguent fur un vaiffeau Iibre ; 
de maniere que quoi qu'eiles foient ennemies 
des deux parties ou de Tune d'elles, elles ne 
feront point tirees du vaiffeau Iibre, fi ce n'eft 
que ce fuffent des gens de guerre acluellenieiy: 
an fervice des dits ennemis. 

ARTICLE VIII. 

Cette liberte de navigation et de commerce 
s'etendra a toutes fortes de marchandiles, a la 
referve feulement de celles qui font exprimees 
dans 1'article fuivant et defignees fous le nom 
de marchandifes de contrebande. 

VOL. II. K 2 



C 253 ] 

ARTICLE IX. 

Under the name of contraband or pro; 
bedeemed ^^ goods, (hall be comprehended arms, great 
contra* guns, cannon balls, arquebufes, inuikets, mor- 
tars, bombs, petards, granadoes, fauciifes, 
pitch balls, carriages for ordnance, mulket 
refts, bandoleers, cannon powder, matches, iah - 
petre, fulphur, bullets, pikes, fabres, fvvord j, 
morions, helmets, cuiralTes, halberds, javelin?., 
piftols and their holders, belts, bayonets, 
horfes with their harnefs, and all other likekinds- 
of arms and inllmments of war for the ufe of 
troops. 

ARTICLE X. 

what Thefe which follow mall not be reckoned in 

notte^ 11 the number of proliibited goods ; that is to 
deemed fay : All forts of cloths, and all other Inanu- 
fattures of wool, flax, (ilk, cotton or any 
other materials, -all kinds of wearing -apparel, 
together with the things of which thfey are 
commonly made, gold, filver coined or un- 
coined, brafs, iron, lead, copper, latten, coals, 
wheat,, barley, and all forts of corn or pulfe, 
tobacco, all kinds of fpices, faked and fmoked 
fieih, faired nih, cheefe, butter, beer, oil, 
..wines, . fugar, all forts of fait and provifions 
which ferve for the notirifhrnent and fufte- 
nance of man, all kinds of cotton, hemp, .flax, 
.tar, pitch, ropes, cables, fails, fail-cloth, an- 
chors, and any parts of anchors, fhip-mafts, 
planks, boards, beams, and all forts of trees 
and other things proper for building or re- 
pairing fhips ; nor mail any goods be conll- 
dered as contraband, which hare not been 
worked into the form of any inflrument or 
thing for the purpofe of war by land or by fea, 
much lefs fuch as have been prepared or 
wrought up for any other ufe : all which ihall 



ARTICLE IX. 

On comprendra fous ce nom de marchan- 
<iiies de contrebande ou def endues, les armes, 
canons, boulets, arquebuies, moufquets, mor- 
tiers, bombes, petards, grenades, fauciffes, 
cercles poifles, afFuts, fourchettes, bandou- 
Heres, poiulrca canon, mcches,falpetre, fouf- 
fre, balles, piques, fabres, epees, morions, 
caiques, cuirafles, halbardes, javelines, pifto- 
lets et leurs fourreaux ? baudriers,bayonettes, 
chevaux avec leurs harnois, ct tous autres fem- 
blables genres d'armes et d'inftruments de 
guerre iervant a 1'ufage des troupes. 

ARTICLE X. 

On ne mettra point au nombre des marchan- 
dife.^ defendues celles qui fuivent, fcavoir, 
outes fortes des draps, et tons autres ouvrages 
de manufadures de laine, de lin, de foye, d.e 
coton et de toute autre matiere, tout genre 
d'habillement avec les chofes qui fervent ordi- 
nairement a les faire ; Or, argent monnoyc 
GU non r.ionnoye, etain, fer, piom>b, -cuivre, 
laiton, charbon a fcurneau, bled, orge, et toute 
autre forte de grains et de legumes, la nicotianc, 
vulgairement appellee tabac, toutes fortes d'a- 
romates, chairs falees et fumees, poiiTons fales, 
fromage et beurre, bierre, huile, vins, fucres, 
toutes fortes defels et deprovifions fervant a la 
nourriture et a, la fubiiftance des hommes ; tous 

ires de colon, chanvre, lin, poix, tant liquide 
que feche, cordages, cables, voiles, toiles, pro- 
pres a faire des voiles, ancres et parties d'ancres 
quelles qu'elles puiffent etre, mats de navire, 
plas.ches, madriers, poutres et toute forte d* 
arbres, et toutes autres chofes neceffaires pour 
conftruire ou pour radouber les vaiffeaux. On 
ne regardera pas non plus comme marchandifes 
rontrebande, celles qui n'auront pas pris la 



C 

be reckoned free goods, as likewife all others 
which are not comprehended and particularly 
mentioned in the foregoing article ; fo that 
they (hall not by any pretended interpretation 
be comprehended among prohibited or con- 
traband goods; on the contrary, they may 
be freely tranfported by the fubjecis/of the 
Xing and cf the United States, even to places 
belonging to an enemy, fuch places only cx- 
cepted as are befieged, blocked cr mvetted, 
and thofe places only ftiall be considered as 
fuch, which are nearly furrcunded by one of 
the belligerent powers,. 






ARTICLE XL 

in cafe of In order to avoid and prevent on both fides 
Tnd'xSiel aN difputes and difcord, it is agreed, that in 
to be fur- cafe one of the parties mall be engaged in a 
^Scfters war, the ihips and veffels belonging to the lub- 
and ccrtifi- jexls or inhabitants of the other ihall be fur- 
nifhed with lea-letters or pailports, exprefiing 
the name, property and port of the veifel, and 
alfo the name and place of abode of the matter 
or commander of the faid veiiel, in order that 
it may thereby appear that the faid velTel real- 
ly and truly belongs to the fubjects of the one 
or the other party. Thefe paifports, which mall 
be drawn up in good and due form, mail be 
renewed every time the veiTel returns home in 
the courfe of a year. It is alfo agreed, that 
the faid veifels when loaded mall be provided 
not only with fea-letters, but alfo with certi- 
ficates containing a particular account of the 
cargo, the place from which the voffel failed, 



C 

forme de quelque inftrument ou attirail, fer- 
vant a 1'ufage de la guerre fur terrc on fur rner j 
encore moins celles qui font preparees on tra- 
vaillees ,pour tout autre ufage. Toutes ces 
chofes feront cenfees marchandifes libres, dc 
nicme que toutes celles qui ne font point com- 
prifes ct fpecialement defignces dans Particle 
precedent, de forte qu'elles ne pourront fous 
aucuiie interpretation pretendue d'icelles, etre 
compriles fous les effets prohibes, ou de con- 
trebande ; au contraire clles pourront etre 
librement tranfportees par les Tujets du Roi et 
des Etats Unis, mcme dans les lieux ennemis, 
excepte feulement dans les places adiegees, 
bloquees bu inveities; et pour telles, i'eront 
tenues uniquemeiu les places entourecs de 
pres par quelqu'une de puiilimces bellige- 
r antes. 

ARTICLE XL 

Afm d'ecarter et de prevenir de part e T : 
d'autre toutes fortes de difcufiions et de dif- 
corde, il a etc convenu que dans le cas ou 
1'une des deux parties fe trouveroit engagee 
dans une guerre, les vaiffeaux et batimens ap- 
pertenants aux fujets ou habitans de 1'autre' 
devront etre munis de lettres de mer ou paffe- 
ports, exprimant le nom, la propriete et le 
port du navire, ainfi que le nom et la demeure 
du maitre ou commandant du dii: vaiffcau afin 
qu'il apparoiiTe par-la, que le ciit vaifleau ap- 
partient reellement et veritablement aux fujets 
de Tune ou de 1'autre partie. Gss pafleports 
qui feront dreffcs et expedies en due et bonne 
forme, devront egalernent etre renouvelles 
toutes les fois que le vaifleau revient chez lui 
dans le cours de Fan. II eft encore convenu 
que ces dits vaifleaux charges devront etre 
pourvi-: noil feulement de iettres de mer, mais 



' 



[ 262 J 

and that of her defunation, in order that it 
may b'e known whether they carry any of the 
prohibited or contraband merchandizes, men- 
tioned in the oth article of the prefent treaty ; 
which certificates (hall be made out by the 
officers of the place from which the veiTei {hall 
depart. 

ARTICLE XII. 

Although the vellels of the one and of the 
other party may navigate freely and wilh all 
required ^ fafety, as is explained in the 7th artic.Lj, they 
bk their 1 (hall neverthelefs be bound at all times when 
fea- letters, required, to exhibit as well on the high fca as 
i* 1 Prt, their pafiports and certificates above- 
mentioned. And not having contraband mer- 
if no con- chandize on board for an enemy's port, they 
mav freely and without hindrance purfue their 
voyage to the place of their destination. Never- 
thelefs, the exhibition of papers fhall not be 
demanded of merchant-fhips under the convoy 
of veifcls of war, but credit fhall be given to 
the word of the officer commanding the con- 
voy. 

ARTICLE XIII. 

If on producing the faid certificates 1 , it be 
difcovered that the veflel carries fome of the 
contraband goods which are declared to be prohibited or 
contraband, and which are configned to an 
enemy's port, it mall not however be lawful 
to break up the hatches of fuch mips, nor to 
open any chefl, coffers, packs, cafks or veffels, 
nor to remove or difplace the fmallell part of 
the merchandizes, until the cargo has been 
landed in the pretence of officers appointed 
for the purpofe, and until an inventory thereof 
has been taken ; nor fhall it be lawful to feJl, 
exchange or alienate the cargo or any part 



[ 263 ] 

de cercificats contenant les details de fii 
cargaifon, le lieu d'ou le vaifleau eft parti e 
celui de fa deftination, afin que Ton puifle 
connoitre s'ils ne portent aucune des marchan- 
Jifes delendues ou de contrebande fpecifiees 
dims 1'article 9 da prefent traite, lefquels 
certiricats feront egalement expedies par les 
officiers du lieu d'ou le vaiileau fortira. 

ARTICLE XII. . 

Quoique les vaifleaux de Tune et de 1'autre 
partie potirront naviguer librement et avee 
toute furete comnie il eft explique a Particle 
7, ils feront neanmoins tenus toutes les fois 
qu'on Pexigera, d'exhiber tant en pleine mer 
que daas lesportvS, leurs paflfeportvS et certincats 
cy-deflus mentionncs. Et n'ayant pas charge 
des marchandifes de contrebande pour un port 
ennemi, ils pourront librement et fans em- 
pechement pourfuivre leur voyage vers le lieu 
de leur deftination. Cependant on n'aura 
point le droit de demander 1'exhibition des 
papiers aux navires marchands convoyes par 
Jes vaifleaux de guerre ; mais on ajoutera foi. 
a Li parole de 1'officier commandant le convoi. 
ARTICLE XIII. 

Si en produifant les dits certiricats it eft 
Je'couvert que le na\ire porte quelques uns de 
ccs eflets qui font declares prohibcs ou de 
contrebamie, et qui font confignes pour un 
port ennemi, il ne fera cependant pas permis 
de rompre les ecoutilles des dits navires, ni 
'd'ouvrir aucune caiffe, cofFre, malle, ballot 
et tonneau, ou d'en de'placer, ni d*en detour- 
'ner la moindre partie des ma'rchandifes, jufqu* 
,a ce que la cargaifon ait ete mife a terre en 
prefence des officiers prepofe's a cet effet, et 
que 1'inventaire en ait ete fait. Encore ne 
-k-ra-t-il pas permis de vendre, echanger ou ali- 



C 264 ] 

thereof, until legal procefs fhall have beer- 
had againft the prohibited merchandizes, and 
fentence (hall have pafled declaring them lia- 
ble to confifcarion, faving neverthelefs as well 
the fliips themfelvcs, as the other merchan- 
dizes which mall have been found therein, 
which by virtue of this prefent treaty are. to 
be.efteemed free, and which are not to be de- 
tained on pretence of their having been loaded 
with prohibited merchandize, and much lefs 
confifcated as lawful prize. And in cafe the 
contraband merchandize be only apart of the 
cargo, and the mailer of the vcllcl agrees, c6n- 
fents and offers to deliver them to the veffel 
that has difcovered them, in that cafe the lat-~ 
ter, after receiving the merchandizes which are 
good prize, fhall immediately let the veffei go, 
and fliall not by any means hinder her from 
purfuing her voyage to the place of her defti- 
nation. When a veiTei is taken and brought 
into any of the ports of the contracting par- 
ties, if upon examination me be found to be 
loaded only with merchandizes declared to be 
free, the owner or he who has made the prize, 
fhall be bound to pay all cofts and damages 
to the mailer of the veffei unjuilly detained. 

ARTICLE XIV. 

Ooeds It is likewife agreed that whatever {hall be 

found man found to be laden by the fubjecls of either of 
Salable the two contracting parties, on a mip belong- 
fifc-tedra" * n S to ^ e eneirn 'es of the other party, the 
icfspnt on whole effects, although not of -the number of 
board be- t h o f e declared contraband, fhall be confifcated 

iore decla- T i i i i -i 

ration of as if they belonged to the enemy, excepting 
^Thin'fix neve # ne l e f s fuch goods and merchandizes as 
months 'af- were put on board before the declaration of 
tcr - war and even fix months after the declara- 



C 265 3 

ener la cargaifon ou quelque partie d'icelk, 
avant qu'on aura precede legalement au fujet 
des marchandifes prohib^es et qu'elles auront 
etc declarees confifc^bles par fentence; a la 
refcjve neanmoins, tant des navires meme que 
des autres marchandifes qui y auront ete trou- 
vees et qui en vertu du prefent traite doivent 
etre ceniees libres ; lesquelles ne peuvent etre 
retenues fous pretexte qu'elles ont ete char- 
gees avec des marchandifes defendues, et en- 
core moms etre confifquees comme une prife 
legitime. Et fuppofe que les dites marchan- 
diies de contrebande, ne faifant qu'une partie 
de la charge, le patron du navire agrcat, con- 
fentit etoffrit de les livrer au vaiflfeau qui les 
aura decouvertes ; en ce cas, celui-cy, apres 
avoir recu les marchandifes, de bonne prife, 
fcra tenu de laiffer aller auflitot le batirnent,, 
et ne Tempechera en aucune maniere de 
pourfuivre fa route vevs le lieu de fa deftina- 
tion. Tout navire pris et amene dans un des 
ports des parties contraclantes, fous pretexte 
de contrebande, qui ie trouve par la vifite faite 
n'etre charge^que de marchandifes declarees 
libres, Tarmateur ou celm qui aura fait la prife, 
fera tenu de payer tous les frais et dom mages 
au patron du navire retenu injuftement. 

ARTICLE XIV. 

On eft egalement convenu que tout ce qui 
fe trouvera charge par les fujets d'une des 
deux parties clans un Vuifleau appartenant aux 
ennemis de 1'autre partie, fera confifque en 
entier, quoique ces effets ne foient pas au nom- 
bre de ceux declares de contrebande, comme 
fi ces effets appartenoient a 1'ennemi meme ; 
a ('.exception neanmoins des effets et marchan- 
difes qui auront ete chargees fur des vaiffeaux 
ennemis avant la declaration de guerre, et 

VOL. IJ. I 2 



which, term none {hall-be prefunied* 
to be 4,;norant of it, which merchandizes 
Aall not in any manner be fubject to connfca- 
tion, butfhail be faithfully and fpecifkally de- 
livered to the owners, "who mall claim or 
caufc them to be claimed before confifcation 
arid fale, as alfo their proceeds, if the claim 
be made within eight months, and could not 
be made fooner after the fale, which is to be 
public : provided neverthelefs, that if the laid 
merchandizes be contraband, it mall not be 
in any wife lawful to carry them afterwards 
^ to a port belonging to the. enemy. 

ARTICLE XV. 

of And that more effectual care may be taken 
war & pri- f ol - the fecurity of the two contracting parties, 
flfdTdo no that they fufier no prejudice by the men of 
injurytoei- W ar of the other party or by privateers, all 
if "they^oj captains and commanders of Ihips of his Swe- 
^i>!cd P and ^ l ^ a i e % anc * * t ^ ie United States, and 
make n-pa- all their -fubjets, mall be forbidden to do any 
sation. injury or damage to thofe of the other party, 
and if they at to the contrary, dhaving been 
found guilty on examination by their proper 
judges, they mail be bound to make fatisfac- 
tion for all damages and the intereft thereof,, 
and to make them good under pain and obli- 
gation of their perfons and goods. , 

ARTICLE XVI. 

ptKon fit- F r this caufe, every individual who is de- 
;inp out a fr/ous of fitting out a privateer, mall before 
SaiTbefor ne receives letters patent, or fpecial commif- 
ie rcccive s f iO n, be obliged to give bond with fufficient 
fureties, before a competent judge, for a fuf- 
ficientfum to anfwer all damages and wrongs 
which the owner of the privateer, his officers 



'mcme fix mois aprcs la declaration, aprc's 
lequel terme, 1'on ne fera pas cenfe d'avoir 
pu 1'ignorer ; les quelles marchandifes ne fe- 
ront en aucunc maniere fujettes a confifcation, 
mais feront rendues en nature fidelement aux 
jTroprietaires qui les reclameront ou feront re- 
clamer avant la confifcation et vente ; comme 
auffi leur provenu, fi la reclamation ne pouvoit 
fe faire que dans Pintervalle de huit mois apres 
la vente, laquellc doit etre publique ; bien 
entendu neanmoins, que fi les dites marchan- 
difes font de contrebande, il ne fera nulle- 
ment permis de leo tranfporter enfuite a au- 
cun port appartenant aux ennemis. 

ARTICLE XV. 

Et afin de pourvoir plus erlicacement a la 
furete des deux parties contrnftantes, pour 
qu'il ne leur foit fait aucun prejudice par les 
vaiffeaux de guerre de 1'autre partie ou par 
f-es armateurs particuliers, il fera fait dc fen I e 
a tons les capitaines et commandanrs de vaif- 
fsaux de fa Majefte Saedoife et des Etats Uriis. 
et tous leurs fujets, de faire aucun dornmage 
ou infulte a ccux de 1'autre partie ; et au cas 
qu'ils y contreviennent, ayant etc trouves cou- 
pables, apres 1'examcn fait par leurs propres 
juges, ils feront tenus de donner fatisfaclioil 
de tout dommage et int-:ret ; et de les bonifief 
foas peine et obligation de leurs perfonnes et 
biehsf. 

ARTICLE XVI. 

Pour cette c-aufe chaque particulier, vou- 
lant armer en courfe fera oblige, avant que 
de recevoir les patentes ou fes commiflions 
fpeciales, de donner par dcvant un juge com- 
petent, caution de perfonnes folvables, chacun 
iolidairement pour une fomme fuffifante, afin 
:-c rcpondre de tons les dommages et torts que 



r 

or others in his employ fnay commit during 
the cruife, contrary to the tenor of this trea- 
ty, and contrary to the edids publifhed by ei- 
ther party, whether by the King of Sweden 
or by the United States, in virtue of this fame 
treaty, and alfo under the penalty of having 
the faid letters patent and fpecial commiilion 
revoked and made void. 

ARTICLE XVII. 

^ ne ^ t ^ le contracting parties being at war 
and the other remaining neuter, if it mould 
na PP en tnat a merchant fhip of the neutral 
power be taken by the enelfcy of the other 
party, and be afterwards retaken by a fhip of 
war or privateer of the power at war, alfo (hips 
and merchandizes of what nature foever they 
may be, when recovered from a pirate or fea 
rover, mall be brought into a port of one of 
the two powers, and (ball be committed to the 
cuftody of the officers of the faid port, that 
they may be reftored entire to the true propri- 
etor as foon as he mall have produced full 
proof of the property. Merchants, mafters 
and owners of fhips, feamen, people of all forts, 
Ihips and veflels, and in general ail merchan- 
dizes an< ^ effects of one of the allies or their 
tobede- fubje&s, (hall not be fubjed to any embargo, 
nor detained in any of the countries, territo- 
ries, iflands, cities, towns. -ports, rivers or do- 
mains whatever, of the other ally, on account 
of any .military expedition, or any public or 
private purpofe whatever, by feizure, by force, 
or by any fuch manner ; much lefs lhall it be 
lawful for the fubjecis of one of the parties to 
feize or take any thing by force, from the 
fubjecis of the other party, without the con- 
fent of the owner. This however is not to be 
xmderftood to comprehend feizures, detcn- 



not 



I'armateur, fes officiers, ou autres ctant a fon 
fervice, pourroient faire en leurs courfes, con- 
tre la teneur du prefent traite et centre les 
edits faits de part et d'autre en vertu du meme 
traite par le Roi de Suede et par les Etats 
Unis, meme fous peine de revocation et caf- 
fation des dues patentes et commifTions fpe- 
ckles. 

ARTICLE XVII. 

Une des parties contraftantes ctant en gu- 
erre, et Pautre reftant neutre, s'il arrivoit qu* 
un navire marchand de la puiflance neutre tut 
pris par 1'ennemi de 1'autre partie, et repris 
enfuite par un vaiffeau ou par un armateur de 
la puifiance en guerre ; de meme que les na- 
V'ires et marchandifes de quelle nature qu'elles 
puiflent etre lors qu'elles auront etc enlevees 
des mains de quelque pirate ou ecumeur de 
mer, elles feront eminences dans quelque port 
de 1'un des deux Etats, et feront remifes a la 
garde des officiers du dk port, afin d'etre ren- 
dues en entier a Icur veritable proprietaire, 
auffitot qu'il aura produit des preuves fuffifan- 
tes de la propnete. Les marchands, patrong 
et proprietaires des navires, mateiots, gens dc 
route forte, vaifleaux et batimens et en gene- 
ral aucunes marchandifes ni aucuns effets dc 
chacun des allies ou de leurs fnjets, Re pour- 
ront etre aflujetis a aucun embargo, ni reten- 
us dans aucun des pays, territcires, ifles, villes, 
v places, ports, rivages ou domaines quelcon- 
ques de 1'autre allie, pcur quelque expedidon 
militaire, ufage public ou parliculier de qui 
que ce foit, par faifie, par force, o.u de quelque 
maniere femblable. D'aut'ant moins fera-t-il 
permis aux fujets de chacune des parlies de 
prendre, ou enlever par force, quelque 
aux fujets de 1'autre partie, fans le coniente- 



[ 27 ] 

tions and arrefts, made by order and by the 
authority of juftice, and according to the or- 
dinary courfe for debts or faults of the fubjecU 
for which procefs fhall be had in the way of 
right according to the forms of juftice. 



ARTICLE XVIII. 

If it fliould happen that the two contraft- 
' m % P art ^ es Should. be engaged in a war at the 
fame time with a common enemy, the follow- 
in S P ints {ha11 be obferved on both fides. 

i ft. If the mips of one of the two nations, 
re- taken by the privateers of the other, have 
not been in the power of the enemy more than 
twenty-four hours, they mall be reftored to 
the original owner, on payment of one-third 
of the value of the {hip and cargo. If on the 
contrary, the veilel retaken has been more 
than twenty-four hours in the power of tire 
enemy, it fhall belong wholly to him who has 
retaken it. 

ad. In cafe, during the interval of twenty- 
four hours, a veflel be retaken by a man of 
war of cither of the two parties, it mall be 
reitored to the original owner, on payment of 
a thirtieth part of the value of the veffel and 
cargo, and a tenth part of it has been retaken 
after the twenty-four hours, which fums mail 
fee diftributed as a gratification among the 
crew of the men of war that mail have made 
the recapture. 

3d. The prizes made in manner above- 
mentioned, mall be reflored to the owners, 

..;r proof made of the property, upon giving 
fecurity for the part coming to him who has 
recovered the veffel from the hands of the 
enemy. 



ment du proprletaire ; ce qui neanmoins, ne 
doit pas s'entendre des failles t detentions et 
arrets qui fe feront par ordre et autorite de la 
juilice et felon les voyes ordinaires pour det- 
tes ou delits, au fujet defquels il devra r 
precede par voye de droit felon les formes de 
juflice. 

ARTICLE XVIII. 

S'il arrivoit que les deux parties contrac- 
tantes fuifent en mcme terns en guerre centre 
un ennemi commun, oto obfervera de part el* 
rl'autre les points fuivants. 

i.> Si les batimens de Pime des deux na- 
tions repris par les armateurs de 1'autre n'ont 
pas etc au pouvoir de 1'ennemi, au del a de 
vingt-quatre heures, ils feront reftitucs au pre- 
mier proprfetaire, moyennant le payement du 
tiers de la valeur du batiment et de celle de 
la cargaifon. Si au contraire le vaiifeau repris- 
a etc plus de vingt-quatre heures au pouvoir 
de Tennerm, il appartiendra en entier a celui 
qui 1'aura repris. 

2. Dans les cas que dans 1'intervalle de 
vingt-quatre heures un navire eft repris par 
un vaifleau cle guerre de Tune des deux par- 
ties, il fera rendu au premier proprietaire, 
moyennant qu'il paye un trentieme de la valeur 
du navire et de fa cargaifon, et le dixieme, s'il 
a etc repris apres les vingt-quatre heures, lei 

| q-uelles fommes feront diftribue'es en guife de 
gratification aux equipages des vaiifeaux qid 
1'auront repris. 

3. Les prifesfaites de la maniere fufdite fe- 
ront reilituees aux proprietaires, apres !c^ 
preuves faites de la propriete, en donnant cau- 
tion pour la part qui en revient a celui qui a 

le navire des inaines de 1'ennemi, 



C 272 ] 

4th. The men f war and privateers of the 
two nations fhall reciprocally be admitted with 
their prizes into each other's ports ; but the 
prizes fhall not be unloaded or fold there until 
the legality of a prize made by Swedilh fhips 
lhall have been determined according to ths 
laws and regulations eftablifhed in Sweden, as 
a!fo that of the prizes made by American vef- 
lels (hall have been determined according to 
the laws and regulations eftablifhed by the 
United States of America. 

5th. Moreover, the King of Sweden and 
the United States of America mail be at li- 
berty to make fuch regulations as they lhall 
judge neceffary refpeftiifg the conduct which 
their men of war and privateers refpe&ively 
fhall be bound to obferve, with regard to vef- 
fels which they mail take and carry into the 
ports of the two powers. 

ARTICLE XIX. 

^ e ^P S ^ war ^ kis Swedifli Majefly 
and thofe of the United States, arid alfo thofe 
may bring w frich their fubjecls fhall have armed for war, 

prizes into i_ n r i -\ 

pom of rnay with all freedom conduct the prizes 
cither which they fhall have made from their ene- 
mies into the ports which are open in time of 
war to other friendly nations ; and the faid 
prizes upon entering the faid ports mall not 
be fubjed to arrefl or feizure, nor fhall the 
officers of the places take cognizance of the 
validity of the faid prizes, which may depart 
and be conducted freely and with all liberty to 
the places pointed out in their commiffions, 
which the captains of the faid vefTels fhall be 
obliged to mew. 

ARTICLE XX. 

In cafe any veffel belonging to either of the 
two States, or to their fubjefts, fliall be 



C 273 ] 

4. Les vaifleaux dc guerre et armateurs des 
deux nations feront reciproquement admis 
avec leurs prifes, dans les ports refpeftifs clc 
chacune, mais ces prifes ne pourront y etre 
dechargees ni vendues qu'apres que la legiti- 
mite de la prife fake par des batimens Suedois 
aura ete decidee felon les loix et reglemens 
ctablis en Suede ; tout comme celle des prifes 
faites par des batimens Americains, fera jugee 
felon les loix et reglemens determines par 
les Etats Unis *de PAmerique. 

5. Au furplus il fera libre au Roi de Suede, 
ainfi qu'aux Etats Unis de 1' Amerique de faire 
tels reglements qu'ils jugeront necelTaires rela- 
tivement a la conduite que devront tenir leurs 
vaifTeaux et armateurs refpedifs, a Pegard des 
batimens qu'ils auront pris et conduits dans 
les ports des deux puifiances. 

ARTICLE XIX. 

Les vaifleaux de guerre de fa Majefle Sue- 
doife et ceux des Etats Unis, de meme que 
ceux que leurs fujets auront armes en guerre, 
pourront, en toute liberte conduire les prifes 
qu'ils auront faites fur leurs ennemis, dans les 
ports ouverts en terns de guerre aux autres na- 
tions amies, fans que ces prifes, entrant dans les 
dits ports, puilfent etre arre^ees ou faifies, ni que 
les officiers des lieux puiflent prendre conoif- 
fance de la validite de dites prifes, les quelles 
pourront fortir et eti e conduites franchement 
et en toute liberte aux lieux portes par les 
commiflions, dont les capitaines des dits vaif- 
feaux feront obliges de faire montre. 

ARTICLE XX. 

Au cas que quelque vaifleau appartenant a 
Pun des deux etats, ou a leurs fujets aura 
VOL. II. M 2 



tn cafe of branded, fhipwrecked, or fuffer any other 
fdTef {hau' d arna g e on tn e coafts or under the dominion 
be afforded, of either of the parties, all aid and affiftance 
rd?o?ed. dS ^ a11 be S iven to the perfons fhipwrecked, or 
who may be in danger thereof, and paffporh; 
ihall be granted to them to fecure their return 
to their own country. The fhips and merchan- 
dizes wrecked, or their proceeds, if the effects 
have been fold, being claimed in a year and a 
day, by the owners or their attorney, mail be 
reftored, on their paying the cofts of falvage, 
conformable to the laws and cufloms of the 
two nations. 

ARTICLE XXL 

when ref- When the fubjects and inhabitants of the 
ieisfhaiibc two parties, with their veflels, whether they 
toc^of 7 b e P u blic and equipped for war, or private 
weather, or employed in commerce, mall be forced by 
port^&c, tempeft, by purfuit of privateers and of ene- 
they fhaii mies, or by any other urgent neceffity, to re- 

ed, P anti CA " ^ re ^ n< ^ enter an Y of the rivers, bays, roads or 
permitted ports of either of the two parties, they (hall 
be received and treated with all humanity and 
politenefs, and they fhall enjoy all friendfliip, 
protection and affiftance, and they mall be at 
liberty to fupply themfelves with refrefhments, 
provisions and every thing neceflary for their 
fuftenance, for the repair of their veflels, and 
for continuing their voyage ; provided always 
that they pay a reafonable price : and they 
mail not in any manner be detained or hinder- 
ed from failing out of the faid ports or roads, 
but they may retire and depart when and as 
they pleafe, without any obftacle or hindrance. 

ARTICLE XXII. 

In order to favour commerce on both fides 
as much as poffible, it is agreed, that in cafe 
a war fhouid break out between the faid two 



C 275 ] 

cchoue, fait naufrage on fouffert quelque au- 
tre dommage fur les cotes ou Ibus la domina- 
tion de Fune des deux parties, il fera donne 
toute aide et afliflance aux perfonns naufragees 
ou qui fe trouvent en danger, et il leur fera 
accorde des pa.Teports pour afiurer leur retour 
dans leur patrie. Les navires et marchan4ifes 
naufragees ou leur provenu, fi ces eftets euffent 
etc vendus, etant reclames dans Tan et jour 
par les proprietaires, ou leur ayant caufe, fe- 
ront reftitues, en payant les frais du fauvement, 
conformement aux loix et coutumes des deux 
nations. 

ARTICLE XXL 

Lorfque les fujets et habitants de 1'une des 
deux parties avec leurs vaiffeaux foit publics, 
foit equipes en guerre, foit particuliers, ou 
employes an commerce, feront forces, par une 
tempete, par la pourfuite des corfaires et des 
ennemis, ou par quelqu'autre ncceffite ur- 
gente, de fe retirer et d'entrer dans quelqu'une 
des rivieres, bayes, rades ou ports de Fune 
des deux parties, ils feront recus et trakes avec 
humanite et honnetete, et jouiront de toute ami- 
tie, protection et alliftance, et il leur fera permis 
de fe pour^voir de rafraichiffemens, de vivres et 
de toutes chofes neceifaires pour leur fubfif- 
tance, pour la reparation de leurs vaiiTeaux et 
pour continue! leur voyage, le tout moyennant 
un prix raifonable, et ils ne feront retenus en 
aucune maniere, ni empeches de fortir des dits 
ports ou rades, mais pourront fe retirer et par- 
tir quand, et comme il leur plaira, fans aucun 
obftacle ni empechenient. 

ARTICLE XXII. 

Afin de favorifer d'autant plus le commerce 
des deux cot^s, il eft convenu que dans le cas 
ou la guerre furviendroit entre les deux na- 



C 276 3 

in cafe of nations, which God forbid, the term of nine 
month" 16 months after the declaration of war, fliall be 
fliaii be aU allowed to the merchants and fubjects refpec- 
chizensto tively on one fide and the other, in order that 
fell, and they may withdraw with their effects and 
moveables, which they mail be at liberty to 
carry off or to fell where they pleafe, without 
the leaf! obflacle ; nor mail any feize their ef- 
fects, and much lefs their perfons, during the 
faid nine months; but on the contrary, pail- 
ports which (hall be valid for a time neceffary 
for their return, fliall be given them for their 
veffels, and the effects which they (hall be wil- 
ling to carry with them. And if any thing is 
taken from them, or if any injury is done to 
them by one of the parties, their people and 
fubjects, during the term above prescribed, 
full and entire fatisfaction mall be made to 
them on that account. The above-mentioned 
paffports mail alfo ferve as a fafe conduct 
againft all infults or prizes which privateers 
may attempt againft their perfons and effects. 

ARTICLE XXIII. 

citizens of No fubject of the King of Sweden mail take 
neither a commiflion or letters of marque for arming 

p.my fliall ^ , _ . ' n. i- 

take' com- any veilel to act as a privateer againit the 
mifiions or United States of America, or any of them, 

letters ot A i_ r r i * i i 

marque or againit the iubjects, people or inhabitants 
from any o f tne f a ij United States, or any of them, or 

prince, or . ' . J . ' 

itate, with againit the property of the inhabitants or the 
faid States, from any prince or ftate whatever, 

war. with whom the faid United States mall be at 
war. Nor fliall any citizen, fubject or inha- 
bitant of the faid United States, or any of them, 
apply for or take any commiflion or letters of 
marque for arming any veffel to cruize againft 
the fubjects of fyis Swedifh Majefty, or any of 
them, or their property, from any prince or 



tions fufdites, ce qu'a Dieu ne plaife, il fera 
accorde un terns de neuf mois apres la decla- 
ration de guerre, aux marchands et fujets re- 
fpe&ifs de part et d'autre, pour pouvoir fe re- 
tirer avec leurs e'ffets et meubles, lefquels ils 
pourront transporter, ou faire vendre, ou ils 
voudront, fans qu'on y mette le moindre ob- 
ftacle, ni qu'on puifle arreter les effets, et en- 
core moins les perfonnes pendant les dits neuf 
mois ; mais qu'au contraire on leur donnera, 
pour leurs vaiffeaux et effets qu'ils voudront 
prendre avec eux, des paffeports valables pour 
le terns qui fera neceffaire pour leur retour ; 
mais s'il leur eft enleve quelque chofe, ou s'il 
leur a ete fait quelque injure, durant le terme 
prefcrit cy-deffus, par Tune des parties, leurs 
peuples et fujets, il leur fera donne a cet egard 
pleine et entiere fatisfa6lion. Ces pafleports 
furmentionnes ferviront egalement de faufcon- 
duits contre toutes infultes ou prifes que les 
armateurs pourront intenter de faire contre 
leurs perfonnes et leurs effets. 

ARTICLE XXIII. 

Aucun fujct du Roi de Suede ne prendra 
de commiilion ou lettre de marque pour armer 
quelque vaiifeau, afin d'agir comme corfaire 
contre les Etats Unis de 1'Amerique ou 
quelques uns d'entre eux, ou contre les fujets, 
peuole?, ou habitans d'iceux, ou contre la pro- 
priete des habitans de ces Etats, de quelque 
prince ou etat que ce foit, avec lequel ces dits 
Etats Unis feront en guerre. De me me, au- 
cun citoyen, fujet ou habitant des dits Etats 
Unis, et de quelqu'un d'entre eux, ne deman- 
dera ni n'acceptera aucune commiilion cu let- 
tre de marque, afm d'armer quelque vaiiTcau 
pour courre fus aux fujets de fa Majefte Sue- 
doife ou quelqu'un d'entre eux ou leur pro- 



t 278 ] 

ftate whatever with whom His faid Majefly 
fhall be at war. And if any perfon of either 
nation fhall take fuch commiflions or letters of 
marque, he fhall be punifhed as a pirate. 

ARTICLE XXIV. 

ships and The veflels of the fubje&s of either of the 
P arties coming upon any of the coafts belong- 
ing to the other, but not willing to enter into 
P ort > orbem g entered into port, and not wil- 
par- ling to unload their cargoes or to break bulk, 
^ a11 not be oWiged to do it, but on the con- 
trary, fhall enjoy all the franchifes and exemp- 
tions which are granted by the rules fubfifling 
with refpeft to that object. 

ARTICLE XXV. 

HOW fhips When a veflel belonging to the fubje&s and 
treated^ inhabitants of either of the parties, failing on 
when met the high fea, fliall be met by a fhip of war or 
P r i yateer f tne other, the faid fhip of war or 
privateer, to avoid all diforder, fhall remain 
out of cannon fhot, but may always fend their 
boat to the merchant fhip, and caufe two or 
three men to go on board of her, to whom the 
matter or commander of the faid veflel fhaii 
exhibit his paflport, ftating the property of 
the veflel ; and when the faid veflel mall have 
exhibited her paflport, me fhall be at liberty 
to continue her voyage, and it fhall not be 
lawful to moled or fearch her in any manner, 
or to give her chace or force her to quit her 
intended courfe. 

ARTICLE XXVI. 

The two contracting parties grant mutually 
Slowed L tbe ^ bert y f having each in the ports of the 
the ports of other, confuls, vice-confuls, agents and com- 

miflfaries, whofe functions fliall be regulated 

by a particular agreement. 



C 

priete, de quelque prince ou etat que ce foit 
avec qui fa dite Majefte fe trouvera en guerre. 
Et fi quelqu'un de 1'une ou de 1'autre nation 
prenoit de pareilles commiflions ou lettres de 
marque, il fera puni comme pirate.. 

ARTICLE XXIV. 

Les vaifleaux des iujets ou habitans d'une 
des deux parties, abordant a quelque cote de 
la dependance de 1'autre, mais n'ayant point 
deflein d'entrer au port, ou y etant entre, ne 
defirant pas de dccharger leur cargaifon ou 
rompre leur charge, n'y feront point obliges, 
mais au contraire jouiront de toutes les fran- 
chifes et exemtions accordees par les regle- 
mens qui fubfiflent relativement a cet obiet. 

ARTICLE XXV. 

Lorfqu'un vailfeau appartenant aux fujets et 
habitans de Tune des deux parties, naviguant 
en pleine mer, fera rencontre par un vaifleau 
de guerre ou armateur, de 1'autre, le dit vaif- 
feau de guerre ou armateur, pour eviter tout 
defordre, fe tiendra hors de la portee du canon, 
mais pourra toutes fois envoyer fa chaloupe 
abord du navire marchand et y faire entrer 
deux ou trois hommes, auxquels le maitre ou 
commandant du dit navire, montrerafon paffe- 
port, qui conftate la propriete du navire ; et 
apres que le dit batiment aura exhibe le pafle- 
port, il lui fera libre de continuer fon voyage; 
et il ne fera pas perniis de le molefter ni de 
chercher en aucune maniere a lui donner la 
chaiTe ou a le forcer de quitter la courfe qu'il 
s*etoit propofe. 

ARTICLE XXVI. 

Les deux parties contraclantes fe font accor- 
de mutueliement la faculte de tenir dans leurs 
ports refpeclifs des confuls, vice-confuls, a- 
gents et.commiffaires, dont les foncl:ions feront 
rcglees par une convention particuliere. 



[ 280 ] 

ARTICLE XXVII. 

The prefent treaty (hall be ratified on both 
tion - fides, and the ratifications (hall be exchanged 
in the fpace of eight months, or fooner if 
poffible, counting from the day of the figna- 
ture. 

In faith whereof, the refpeftive Plenipoten- 
tiaries have figned the above articles, and 
have thereunto affixed their feals. 

Done at Paris the third day of April, in the 
year of our Lord one thoujand feven hun- 
dred and eighty-three. 

GUSTAV PHILIP Comte de Creutz. (L. s.) 



1 v Separate Article. 

The King of Sweden and the United States 
Time of of North- America, agree that the prefent 

uration. treaty fl^ hay ^ fojj ^3. for the fpace Q f 

fifteen years, counting from the day of the 
ratification, and the two contracting parties re- 
ferve to themfelves the liberty of renewing it 
at the end of that term. 

Done at Paris, the third day cf April, in the 
year of our Lord one thoufand feven him- 
dred and eighty-three* 

GUSTAV PHILIP Comte de Creutz. (L. s.) 



Separate Articles. 

ARTICLE I. 

His Swedifh Majefty mail ufe all the means 
in his power to protect and defend the veffels 



L **' ] 

ARTICLE XXVII. 

Le prefent traite fera ratifie de part et 
fe-e et les ratifications feront echangees dans 
1'efpace de huit mois, ou plutot, ii faire fe 
peut, a compter du jour de la fignature. 

En foi de cpoi les Plenipotentiaires refpectifs 
ont figne les articles cy-defTus et y ont; ap- 
pofe le cachet de leurs armes. 

FAIT a Paris le trois Avrll^ Van de Grace mil 
fept cent guatre-vitigt-trois. 

GUSTAV PHILIP Comte de Creiti-z. (L.S.) 
BENJAMIN FRANK^IX. (L, ; 



Article Separe. 

Le Roi de Suede et les Etats Unis de PA- 
merique Septentrionale font convenus que le 
prefent traite aura fon plein effet pendant Tef- 
pace de quinze ans confecutifs, a compter du 
jour de fa ratification ; et les deux parties con- 
traftantes fe refervent la faculte de le renou- 
veller a.u bout de ce'tems. 

FAIT a Paris le trois Avril, I 9 an de Grace mil 
fept cent quatrc-'uingt-trois. 

GUSTAV PHILIP Comte de Creutz. (L.S.) 
BENJAMIN FRANKLIN. (L. s.) 



Articles Separes. 

ARTICLE I. 

Sa Majefte Suecloife fera ufage de tons les 
moyens qui font dans fon pouvoir pour prote- 
VOL, II. 1 2 



f 28* ] 

of effects belonging to citizens or inhabitants 

to of the United States of North America, and 

evel T of them > which fa* 11 be m the Ports, 
of havens, roads, or on the feas near the countries, 
C iflands, cities and towns of His faid Majefty, 
and fhall ufe his utmoft endeavours to recover 
and reflore to the right owners, all fuch veffels 
and effects which fhall t?e taken from them 
within his jurifdiction, 

ARTICLE II. 

In like manner, the United States of North 
America (hall protect and defend the veiTels 
and effects belonging to the fubjects of His 
of d Swedim Majefty, which mail be in the ports, 
havens, or roads, or on the feas near to the 
Sweden, countries, iflands, cities and towns of the faid 
States, and mall ufe their utmoft efforts to re- 
cover and reftore to the right owners, all fuch 
veffels and effects which fhall be taken from 
them within their jurifdiction. 
ARTICLE III. 

to cafe of *f * n an y f uture war at f a > tne contracting 
war at fca, powers refolvc to remain neuter, and as fuch, 
io'prot^a, 1 " to obferve the ftriaeft neutrality, then it is 
and aiiift ' agreed, that if the merchant-fhips of either 
P art y fhould happen to be in a part of the fea 
where the mips of war of the fame nation are 
not ftationed, or if they are met on the high 
fea, without being able to have recourfe to 
their own .convoys, in that cafe the comman- 
der of the Ihips of war of the other party, if 
required, (hall in good faith and fincerity 
give them all neceffary afiiftance ; and in fuch 
cafe, the mips of war and frigates of either of 
the powers fhall protect and fupport the mer- 
chant-fhips of the other ; provided neverthe- 
jiefs, that the Ihips claiming afiiftance are no|: 



ger et defendre les vaifleaux- et effcts, apparte- 
nans aux citoyens ou habitans des Etats Unis 
de P Amerique Septentrionale et a chacun d'i- 
ceux, qui feront dans les ports, havres ou rades' 
ou dans les mers pres des pais, ides, contrees, 
villes et places de fa dite Majefte, et fera tous 
fes efforts pour recouvrer et faire reftituer aux 
proprie'taires 1 'gitimes tous les vaifleaux et ef- 
fets qui leur feront pris dans Te'tendue de fa 
jurisdiction. 

ARTICLE II. 

De meme les Etats Unis de 1* Amerique Sep- 
tentrionale prott'geront et d<. fendront les vaif- 
feaux et effets, appartenans aux fujets dc fa Ma* 
jefte Suedoife qui feront dais les ports, havres 
ou rades, ou Sans les mers pres des pais, ifles, 
contrees, ville's et places des dits Etats, et fe- 
ront tous leurs efforts pour recouvrer et faire 
reflituer aux proprietaires legitimes, tous les 
vaifleaux et effets qui leur feront pris dans Te- 
tendue de leur jurifciiclion, 

ARTICLE III, 

Si durant line guerre maritime a venir, les 
deux puiflances contralantes prennent le parti 
derefter neutres et d'obferver, commetelles,la 
plus exa&e neutralite, alors on eft convenu 
que s'il arrivoit que les vaifleaux rnarchands. 
de Tun des puiflances, fe trouvaflent dans un 
parage ou les vaifleaux de guerre de la meme 
nation ne fuflent pas ftationnes, ou bien s'ils fe 
rencontrent en pleine rner fans pouvoir avoir 
recours a leurs propres convois, dans ce cas le 
commandant des vaifleaux de guerre de 1'autre 
puiflance, s'il en eft requis, doit de bonne foi 
et fmcerement leur preter les fecours dont ils 
pourront avoir befoin, et en tel cas les vaif- 
feaux de guerre et fregates de Tune des puif- 
fances ferviront de foutien et d'appui aux vatf- 



[ 2*4 ] 

..^i^ed in any illicit commerce contrary tx> 
the principles of the neutrality. 



ARTICLE IV. 

It rs agreed and concluded that all mer- 
enants ? captains of merchant-fhips or other 
by fubjecls of His Swediih Majeily, mail have 
171 n - ( ; : full liberty in all places under the dominion or 
tedtJ jurifdidion of the United States of America, 
f to mana S e ^eir own affairs, and to employ in 
the management of them, whomfoever they 
pleaie ; and they (hall not be obliged to make 
ufe of any interpreter or broker, nor to pay 
them any reward unleis they make ufe of 
them. Moreover, the mailers of (hips mall not 
be obliged, in loading or unloading their vef- 
fels, to employ labourers appointed by public 
authority for that purpofe j but they (hall be 
at full liberty, themielves, to lo-ad or unload 
their verTels, or to employ in loading or unload- 
ing them whomfoever they think proper, with- 
out paying reward under the title of falary to 
any other peribn whatever ; and they mall not 
be obliged to turn over any kind of merchan- 
dizes to other veffels, nor to receive them on 
board their own, nor to wait for their lading 
longer than they pleafe ; and all. and every of 
the citizens, people and inhabitants of the Uni- 
ted States of America fliall reciprocally have 
and enjoy the lain c privileges and liberties in 
ail places, under the jurifdicl-ion of the faid 
realm. 

ARTICLE V. 

It is agreed that when merchandizes fhall 
: . ve been put on board the fhips or veflels of 
<Jrhcr oi the contracting parties, they mall not 
be ;i to any examination 5 but all ex- 



C 

feaux marchands de 1'autre : bien entendu ce- 
pendant, que les reclamans n'auroient fait au- 
cun commerce illicite ni contraire aux prin- 
cipes dc la neutralite. 

ARTICLE IV. 

II eft convenu et arrete que tous les mar- 
chands, capitaines des navires marchands ou 
autres fujets de fa Majefle Suedoife, auront 
1'entiere liberte dans toutes les places de la do- 
mination ou jurifdiclion des Etatg Unis de i'A- 
merique, de conduire eux-memes leurs propres 
affaires, et d'employer qui-il leur plaira pc 
les conduire, et qu'ils ne feront point obliges 
de fe fervir d'aucun interprcte ou courtier, ni 
leur payer aucun honoraire a moins qu'ils ne 
s'en fervent. En outre, les maitres des navires 
ne feront point obliges, chargeant ou dechar- 
geant leurs navires, de fe fervir des ouvriers 
qui peuvent etre etablis pour cet effe't par l^au- 
torite publique ; mais ils feront emierement li- 
bres de charger ou dccharger eux-memes leurs 
vaifleaux et d'employer pour charger ou de- 
charger ceux qu'ils croiront propres pour cet 
efFet, fans payer aucuns honoraires a titre.de fa- 
laire a aucune autre perfonne que ce foit, et ih 
ne pourront etre force's de verfer aucune efpece 
de marchandifes dans d'autres vaificaux ou d- 
les recevoir a leur bord, et d'attendre pour Gtr<? 
charges, plus long-terns qu'il ne leur plaira; et 
tous et un chacun des citoyens, peuples et habi- 
tans des Etats Unis de PAmt'rique auront et 
jouiront reciproquement des memes privileges 
etlibertes dans toutes ies places de lajurifdic- 
tion du dit royaume. 

ARTICLE V. 

II eft convenu que lorfque les marchandifes 
auront etc chargees fur les vaifleaux ou bati- 
mens de Tune des deux parties contraftantes. 



286 



animation and fearch mud be before lading, 
P r n it>ited merchandizes mufl be ftop- 



in ped on the fpot before they are embarked, un~ 
fraud f Re- e fs tnere ' 1S ^ u ^ evidence or proof of fraudu- 



lent practice on the part of the owner of the 

iuch cafe. Q kJ m W J 10 nas j-he commanc j o f hgj. .- 



in which cafe, only he (hall be refponfible and 
fubjecl to the laws of the country in which he 
may be. In all other cafes, neither the fubjects 
of either of the contracting parties, who mall 
be with their vefTels in the ports of the other, 
nor their merchandizes, fhallbe feized or mo- 
lefted on account of contraband goods, which 
they mall have wanted to take on board, nor 
mall any kind of embargo be laid on their mips 9 
fubjects or citizens of the ftate whofe mer- 
chandizes are declared contraband, or the ex- 
portation of which is forbidden ; thofe only 
who (hall have fold or intended to fell or ali- 
enate fuch merchandize, being liable to pu- 
nifhment for 'fuch contravention. 

Done at Paris ^ the third day of Apr 11^ in the 
2 'ear of our Lord one thoufand feven hun- 
dred and eighty -three. 

OUSTAV PHILIP Comte de Creutz. (L. s.) 
BENJAMIN FRANKLIN. (L. s.) 



[ 28; ] 

cllcs ne pourront plus etre afiujetties & aucune 
vifite ; toute vifite et recherche devant etre 
faite avant le chargement, et les marchandifes 
prohibees devant etre arretees fur la plage 
avant de pouvoir etre embarquees, a moins 
qu'on ait des indices manifefles on des preu- 
ves de verfement frauduleux de la part du 
proprictaire du navire ou de celui qui en a le 
commandement. Dans ce cas feul, il en fera 
refponfable et foumis aux loix du pai's ou il fe 
trouve. Dans aucun autre cas, ni les fujcts d* 
une des parties contractantes, qui fetrouveront 
.avec leurs navires clans les ports de 1'autre, 
ni leurs marchandifes, ne pourront etre arre- 
tes ou mo'efles pour caufe de contrebande, 
qu'ils auront voulu prendre a leur bord, ni 
aucune efpcce d'embargone fera misc fur leurs 
navires ; les fujets ou citoyens de 1'etat ou les 
marchandifes font declarees de contrebande, 
dont la fortie eft defendue, et qui neanmoins 
auront vendu ou voulu vendre et aliener les 
dites marchandifes, devant etre les feuls qui 
feront duement punis pour une parcille con- 
travention. 

FAIT a Paris le trois Avril, Pan de Grdce 
milfept cent qiiartre-i)ingt-trois. 

OUSTAV PHILIP Comtedc Creutz. (L. s.) 
BENJAMIN FRANKLIN. (L. s,) 



ARMISTICE 

DECLARING 

A Ceflation of Hoftilities 

BETWEEN THE 

UNITED STATES 

AND 

GREAT-BRITAIN. 
VOL. ft 4 






ARMISTICE 

DECLARING 

A CESSATION OF HOSTILITIES 

BETWEEN THE 

UNITED STATES 

AND 

GREAT- BRITAIN. 



TRANSLATION. 



WE, the underfigned Minifters Plenipotenti- 
ary of the United States of North-America, 
having received from Mr. Fitz Herbert, 
Minifler Plenipotentiary of his Britannic 
Majefly, a declaration, relative to a fufpen- 
fion of arms, to be eftablifhed between his 
faid Majefly and the faid States, the tenor 
whereof is as follows : 



the Preliminary articles 
agreed upon and figncd this day, 
between his Majefly the King of Great-Britain 
and his Majefly the mofl Chriflian King on the 
one part, and likewife between his faid Britan- 
nic Majefly and his Catholic Majefly on the 
other part, contain the flipulation of a cefla- 
tion of hoflilities between thofe three powers, 
which is to take place after the exchange of 
the ratifications of the faid preliminary arti- 
cles : AND WHEREAS, by the provifional treaty 
figned on the thirtieth day of November lafl, 
between his Britannic Majefly and the United 
States of North- America, it hath been flipu- 






ARMISTICE 

DECLARANT 

UNE SUSPENSION D'ARMES 

. ENTRE 

LES ETATS UNIS 

ET 

LA GRANDE BRETAGNE. 



NOUS fouffignes Miniftres Plenipotentiairas 
des Etats-Unis de 1'Amerique Septentrib- 
nale, aiant rec,u de la part de M. Fitzhei> 
bert, Miniftre Plenipotentiaire de fa Ma- 
jefte Britannique, line declaration relative 
a une fufpenfion d'armes a etablir entre fa 
dite Majefte et les dits Etats, dont la teneur 
s'cn fuit : 



OMME les articles prelirninaires arretes 
et fignes aujourd'hui entre fa Majefie 
le Roi de la Grande Bretagne et fa Majefie le 
Roi Tres Chretien d'une part, et aurli entre 
fa dite Majefte Britannique et fa Majefte Ca- 
tholique d'autre part, renferment la Ilipula- 
tion de la celTation des hoftilites entre ces trois 
Puiflances ; laquelle doit commencer apres 
1'echange des ratifications des dits articles pre- 
liminaires : et comme par le traite provifionel 
figne le 30 Novembre dernier entre fa Ma- 
jefte Britannique et les Etats-Unis deTAme- 
rique Septentrionale, il a etc ftipule, que ce 
traite fortiroit fon effet auflitot que la paix en- 



292 

lated that, that treaty mould take eiFed as 
foon as peace mould be eftablifhed between 
the faid crowns : The underfigned Minifter 
Plenipotentiary of his Britannic Majefty, does 
declare, in the name and by the exprefs order 
of the King, his matter, that the faid United 
States of North- America, their fubjefts and 
their poifeflions, mail be comprehended in the 
above-mentioned fufpenfion of arms, and that, 
in confequence, they fhall enjoy the benefit of 
the cenation of hoflilities, at the fame epochs, 
and in the fame manner as the three crowns 
above-mentioned, their fubjects, and their re- 
fpeclive pofTeffions ; the whole upon condi- 
tion, that on the part and in the name of the 
faid United States of North- America, a fimi- 
lar declaration ihall be delivered exprefsly, 
declaring their affent to the prefent fufpenfion 
of arms, and containing the amirance of thq 
moil perfe& reciprocity on their part. 

IN FAITH WHEREOF, we, the Minifter Ple- 
nipotentiary of his Britannic Majefty, 
have figned the prefent declaration, and 
have caufed the feal of our arms to be; 
thereto affixed. 

Verf allies, zotb January, 1783. 

(Signed) 
(L. s.) ALLEYNE FITZ HERBERT." 

HAVE, in the name of the faid United 
States of North- America, and by virtue of 
the powers with which they have vefted as, 
accepted the above declaration, do by thefe 
prefents merely and fimply accept it, and do 
reciprocally declare that the faid States fhall 
caufe all hoftilities to ceafe againft his Britan- 



t *93 1 

tre les dites couronnes feroit retablie; le fouf- 
figne Miniflre Plenipotentiaire de <ia Majefle 
Britannique, declare au nom, et par ordre 
expres du Roi fon maitre, que les dits Etats- 
Unis de PAmerique Septentrionale, leurs fu- 
jets, et leurs poffeflions, feront cxmipris dans 
la fufpenfion d'armes fufmentionnee, et qu'ils 
jouiront en confequence du benefice de la cef- 
fation des hoftilitcs aux memes epoques, et 
de la meme maniere que les trois couronnes 
fufdites, leurs fujets et leurs porTeflions refpec- 
tives ; le tout a condition, que de la part et 
au nom des dits Etats-Unis de 1'Amerique Sep* 
tentrionale, il foit delivre une declaration iem- 
blable qui conflate leur arTentiment a la pre- 
fente fufpenfion d'armes et renferme I'arTurance 
de la plus parfaite reciprocite de leur part. 



EN FOI DE QUOI, nous Miniflre Plenipoten- 
. tiaire de fa Majefle Britannique, avons 
figne la prefente declaration et y avon$ 
fait appofer le cachet de nos armes. 






A Verf allies le 20, Jan. 1783. 
(L. s.) (Signe) ALLEYNEFITZ HERBERT.' 



AVONS au nom des dits Etats-Unis de 
PAmerique Septentrionale et en vertu des 
pouvoirs dont ils nous ont munis, accepte la 
declaration ci-defTus, Pacceptons par ces pre^ 
fentes purement et fimplement et declarons re- 
ciproquement que les dits Etats feront cefTer 
toutes hoflilites contre fa Majefle Britannique, 



C 294 ^ 

nic Majefty, his fubjeds and his poffeffions, at 
the terms and epochs agreed upon between his 
faid Majefty the King of Great-Britain, his 
Majefty the King of France, and his Majefty 
the King of Spain, fo, and in the fame man- 
ner, as has been agreed between thofe three 
crowns, and to rjroduce the fame effects. 



IN FAITH WHEREOF, we, the Minifters Pleni- 
potentiary of the United States of North- 
America, have figned the prefent declara- 
tion, and have affixed thereto the feal of 
our arms. 
Verf allies, the zoth of January ^ one thoufand 

feven hundred and eighty -three. 
(Signed) JOHN ADAMS, (L. s.) 

B. FRANKLIN, (L. s.) 

Copy of the Jirfl and twenty-fecond of the Preli- 
minary Articles^ between France and Great- 
Britain^ figned at Verf allies the twentieth ja- 
nuary, 1783. 

TRANSLATION. 

ART. i. As foon as the preliminaries mall 
be figned and ratified, fincere friendship fhall be 
re-eftablifhed between his moft Chriftian Ma- 
jefty and his Britannic Majefty, their king- 
doms, ftates, and fubjeclis by fea and by land, 
in all parts of the world ; orders fhall be fent 
to the armies and fquadrons, as well as to the 
fubje&s of the two powers, to ceafe all hofti- 
lities, and to live in the moft perfect union, 
forgetting the paft, according to the order 
and example of their fovereigns; and for the 
execution of this article, fea-paffes fhall be 
given on each fide to the mips which fhall be 
.difpatched to carry the news to the poffeflion^ 
of the faid powers. 



C 295 3 

fes fujets et fes pofTeflions, aux termes et aux 
epoques convenus entre fa elite Majefle le Roi 
de la Grande Bretagne, fa Majefle le Roi de 
France et fa Majefle le Roi d'Efpagne, ainfi, 
et de la meme maniere qu'il a etc convenu en- 
tre ces trpis couronnes, et pour produire le 
meme efFet. 



EN FOI DE QUOI nous Miniftres Plenipoteti- 
tiaires des Etals-Unis de T Amerique Sep- 
tentrionale avons figne la prefente decla- 
ration et y avons appofe les cachets de 
nos-armes. 

A Verf allies le vingt Janvier ; mil fept cent 
quatre-vingt trcis. 

JOHN ADAMS, (L. s.) 

B. FRANKLIN, (L. s.) 

Copie du premier et duvingt deuxicme des articles 
prellminaires entre la France et la Grande Bre- 
tagne, fignes a Verf allies le 20 yanvier, 1783. 



ART. i. Auffitot que les preliminaires fe- 
ront fignes et ratines, Pamitie fmcere fera re- 
tablie entre fa Majefle Tres Chretienne et fa 
Majefle Britannique, leurs Royaumes, Etats 
ct Sujets par mer et par terre, dans toutes les 
parties du monde; il fera envoy e des ordres 
aux armees, et efcadres, ainfi qu'aux fujets des 
deux Puiflances de ceffer toute hoflilite, et de 
vivre dans la plus parfaite union en oubliant le 
paffe, dont leurs fouverains leur donnent 
1'ordre et Texemple ; et pour Pexecution de 
cet article, il fera donne, de part et d'autr* 
des paifeports de mer aux vaiffeaux qui feront 
expedies pour en porter la nouvelle dans les 
fofseffions des dites puifTances. 



ART. 22. To prevent all the caufes of 
plaint and difpute which might arife on ac- 
count of the prizes which may be taken at lea 
after the %ning of thefe preliminary articles, 
it is reciprocally agreed, that theveiTets and ef- 
fects which may be taken in the Channel and 
in the North Seas, after the fpace of twelve 
days, to be computed from the ratification of 
the prefent preliminary articles, thall be re- 
ftored on each fide. That the term (hall be of 
one month from the Channel and the North 
Seas to the Canary Iflands inclufively, whether 
in the Ocean or in the Mediterranean; of two 
months from the faid Canary Iflands to the 
Equinoxial Line or Equator'; andlaftly, of five 
months in all other parts of the world, with- 
out any exception, nor other more particular 
diftinction of times and places. 



2 97 

ART. 22. Pour prevenir tous les fujets de 
plaintes et de conteflation qui pourroient naitre 
a Toccafion des prifes qui pourroient etre 
faites en mer depuis la fignature de ces articles 
preliminaires, on eft convenu reciproquement 
que les vaifleaux et efFets qui pourroient etre 
pris dans la Manche et dans les Mers du Nord, 
apres Pefpace de douze jours a compter de- 
puis la ratification des ^refens articles preli- 
minaires, feront de part et d'autre reftitues ; 
Qiie le terrne fera d'un mois depuis la Manche 
et les Mers du Nord, jufqu'aux Ifles Canaries 
inclufivement, foit dans Tocean, foit dans la 
Mediterrannee ; de deux mois depuis les dites 
Ifles Canaries, jufqu'a la ligne Equinoxiale ou 
1'Equateur ; et enfin de cinq mois dans tous 
les autres endrcits du monde, fans aucune ex- 
ception ni autre diftkuftion plus particuliere 
de terns et de lieux. 

VOL. II. P 2 



Articles of a Tieaty 

BETWEEN "fHE 

UNITED STATES OF AMERICA, 

AND THE 

SACHEMS AND WARRIORS 

OF THE 

SIX NATIONS. 



ORIGINAL. 



ARTICLES 

Concluded at Fort Stanwix, on the tiventy-fc- 
cond Day of Oftober, one thoufand feven hun- 
dred and eighty-four^ between Oliver Wol- 
cott, Richard Butler, and Arthur Lee, 
Commiffioners Plenipotentiary from the United 
States, in Congrefs ajftmbled, on the one Party 
and the Sachems and Warriors of the Six 
Nations, on the other. 

THE United States of America give peace 
to the Senecas, Mohawks, Onondagas 
and Cayugas, and receive them into their pro- 
tection upon the following conditions : 

ARTICLE I. 

Six hoftages fhall be immediately delivered 
to the commiffioners by the faid nations, to re- 
main in poffeffion of the United States, till all 
the prifoners, white and black, which were Kvercd up- 
taken by the faid Senecas, M >hawks, Onon- 
dagas and Cayugas, or by any of them, in the 



[ 3 







late war, from among the people of the United 
States, mall be delivered up* 

ARTICLE II. 

poffcffion T^ e Qneida. and. Tufcarora nations mall be 
of lands fc- fecured in the pofTeflion of the lands on which 
they are fettled. 

ARTICLE III. 

Eounda- A line fhall be drawn, beginning at the 
* ies - mouth of a creek about four miles eaft of 
Niagara, called Oyonwayea, or Johnfton's 
Landing-Place, upon the lake named by the 
Indians Ofwego, and by us Ontario ; from 
thence foutherly jn a direction always four 
miles eail of tlie carrying-path, between Lake 
Erie and Ontario^ to the mouth of Tehofero- 
ron or. Buff aloe Greek)on|Lake Erie; thence 
fouth to the north boundary of the ftate of 
Pennfylvania ; thence weft to the end of the 
faid north boundary ; thence fouth along the 
weft boundary of the faid ftate, to the river 
Ohio ; the faid line from the mouth of .the 
Oyonwayea to the Ohio, fhall be the weftern 
boundary of the lands of the Six Nations, fo 
that the Six Nations fhall and do yield to. the 
United States, all claims to the country weft 
of the faid boundary, and then they mall be 
fecured in the peaceful porTeflion of the lands 
they inhabit eaft and north of the fame, re- 
fer ying only fix miles fquare round the fort of 
Ofwego, to the United States, for the lup- 
port of the fame. 

ARTICLE IV. 

Good* The Commiflioners of the United States, 

j.jvm to j n consideration of the prefent circumftances 

diansf" of the Six Nations, and in execution of the 

humane and liberal views of the United States 

upon the figning of the above articles, will 



C 3' 3 

order goods to be delivered to the faid Six 
Nations for their ufe and comfort. 

Oliver Welcott, (L. s.) 

Richard Butler, (L. s.) 

Arthur Lee, (L. s.) 

Mohawks. 

Qnogwendahonji, his M mark. (L. s.) 
Towighnatogon, his W mark. (L. s.) 

Onondagas. 

Oheadarighton, his M mark. (L. s.) 

Kendarindgon, his M mark. (L. s.) 

Senecas. 

Tayagonendagighti, his ><{ mark. (L. s.) 
Tehonwaeaghriagi, his M mark. (L. s.) 

Oneidas. 

Otyadonenghti, his H mark. (L. s.) 

Dagaheari, his kl mark. (L. s.) 

Cayuga. 
Oraghgoanendagen, his M mark. (L. s.) 

Tufcarora. 

Ononghfawenghti, his X mark. (L. s.) 
Tharondawagen, his M mark. (L. s.) 

Seneca Abeal. 
Kayenthoghke, his M mark. (L. s.) 

Witnefles : Sam. fo. Atlee, Wm. Maclay, 
Fras. Johnfton, Pennfylvania Commiflioners. 
Aaron Hill, Alexander Campbell, Saml. Kirk- 
land, Miff'y. James Dean, Saml. Montgome- 
ry, Dcrick Lane, Capt. John Mercer, Lieut. 
William Pennington, Lieut. Mahlon Ford, 
Enfign. Hugh Peebles. 



Articles of a Treaty 

BETWEEN THE 

UNITED STATES OF AMERICA, 

AND THE 

SACHEMS AND WARRIORS 

OF THE 

Wiandot, Delaware, Chippawa and Ottawa 
Nations. 



ORIGINAL. 



ARTICLES 

Concluded at Fort M'lntofh, the twenty-fir/l 
Day of "January, one thoufand feven hun- 
dred and eighty -five, between the Commif- 
fioners Plenipotentiary of the United States 
of America, of the one Part, and the Sa- 
chems and Warriors of the Wiandot, Dela- 
ware, Chippawa and Ottawa Nations of the 
other. 

THE Commiffioners Plenipotentiary of the 
United States in Congrefs aflembled, give 
peace to the Wiandot, Delaware, Chippawa, 
and Ottawa nations of Indians, on the fol- 
lowing conditions. 

ARTICLE I. 

Three chiefs, one from among the Wian- 
dot, and two from among the Delaware na- b * 1T . e r n ' 

n. 11 i rr- till pnfon- 

tions, ihall be delivered up to the Commimon- ers are re- 
ers of the United States, to be by them re- Ilored> 
tained till all the prifoners, white and black, 
taken by the faid nations, or any of them, 
Ihall be reftored. 

ARTICLE II. 

The faid Indian nations do acknowledge Indians ac- 
themfelves and all their tribes to be under the ^ t ^f g n c 
protection of the United States, and of no Su. sT 
other fovereign whatsoever. 



34 

ARTICLE III. 

Bounda- The boundary line between the United States 
and the Wiandot and Delaware nations, fhall 
begin at the mouth of the river Cayahoga, 
and run thence up the laid river to the portage 
between that and the Tufcarawas branch of 
Mufkingum ; then down the faid branch to the 
forks at the croffing place above Fort Law- 
rence ; then wefterly to the portage of the Big 
Miami, which runs into the Ohio, at the 
mouth of which branch the fort flood which 
was taken by the French in one thoufand feven 
hundred and fifty-two; then along the faid 
portage to the Great Miami or Ome river, 
and down the fouth-eaft fide of the fame to its 
mouth; thence along the fouth fhore of lake 
Erie, to the mouth of Cayahoga where it began. 

ARTICLE IV. 

The United States allot all the lands con- 
Rcfervcs. ta j ne( j within fa Q f^j i; nes to t h e \Viandot and 

Delaware nations, to live and to hunt on, and to 
fiich of the Ottawa nation as now live thereon ; 
faving and referring for the eftablifhment of 
trading pofts, fix miles fquare at the mouth. of 
Miami or Ome river, and the fame at the port- 
age on that branch of the Big Miami which 
runs into the Ohio, and the fame on the lake 
of Sandufke where the fort formerly flood, 
and alfo two miles fquare on each fide of the 
lower rapids of Sandufke river, which pofls 
and the lands annexed to them, fhall be to the 
ufe and under the government of the United 
States. 

ARTICLE V. 

No citizen ^ an 7 c ^ zen of the United States, or 
of u. s.to other perfon not being an Indian, fhall attempt 
Indian to ^ ett ^ e on an Y ^ tne lands allotted to the Wi- 
nd. andot and Delaware nations in this treaty, ex-i 



C 35 J 

cept on the lands referved to the United States 
in the preceding article, fuch perfon lhall for- 
feit the protection of the United States, and 
the Indians may punifh him as they pleafe. 
ARTICLE VI. 

The Indians who fign this treaty, as well in Indians re- 
behalf of all their tribes as of themfelves, do S^ofu.s" 
acknowledge the lands eaft, fouth and weft of to certain 
the lines defcribed in the third article, fo far as lands" e 
the faid Indians formerly claimed the fame, to 
belong to the United States ; and none of their 
tribes mail prefume to fettle upon the fame, or 
anv part of it. 

ARTICLE VII. 

The pofl of Detroit, with a diftrict begin- Pert at De- 
ning at the mouth of the river Rofme, on the j.g c [ c ~ 
weft end of lake Erie, and running weft fix 
miles up the fouthern bank of the faid river-, 
thence northerly and always fix miles weft of 
the ftrait, till it ftrikes the lake St. Clair, (hall 
be alfo referved to the fole ufe of the United 
States. 

ARTICLE VIII. 

In the fame manner the poft of Michilli- Poft at 
machenac with its dependencies, and twelve machenae 
miles fquare about the fame, mall be referved referved. 
to the ufe of the United States. 
ARTICLE IX. 

If any Indian or Indians mall commit a rob- Robbers & 
bery or murder on any citizen of the United be'deT 
States, the tribe to which fuch offenders may leered to 
belong, mail be bound to deliver them up at 
the neareft poft, to be punifhed according to 
the ordinances of the United States. 
ARTICLE X. 

The Commiflioners of the United States, Goods f . 
in purfuance of the humane and liberal views buted. * 
of Congrefs, upon this treaty's being figned, 

VOL/II. (2 



direct goods to be diftributed among the 
different tribes for their ufe and comfort. 

Separate Article. 

It is agreed that the Delaware chiefs, Kele- 
Jj; ccr s tain lamand or lieutenant-colonel Henry, Hengue 
Pulhees or the Big Cat, Wicocalind or Cap- 
tain White Eyes, who took up the hatchet for 
the United States, and their families, fhall be 
received into the Delaware nation, in the fame 
fituation and rank as before the war, and en- 
joy their due portions of the lands given to the 
Wiandot and Delaware nations in this treaty, 
as fully as if they had not taken part with 
America, or, as any other perfon or perfons in, 
the faid nations. 

Geo. Clark, . ( L . s .) 

Richard Butler, (L. s.) 

Arthur Lee, (L. s.) 

Daunghquat, his M mark. (L. s.) 

Abraham Kuhn, his M mark. (L. s.) 

Qttawerreri^ his M mark. (L, s.) 

Hobocan, his M mark. (L. s.) 

Walendightun, his >< mark. (L. s.) 

Talapoxie, his M mark. (L. s.) 

Wingenum, his M mark. (L. s.) 

Packelant, his M mark. (L. s.) 

GingewannO) his M mark. (L. s.) 

Waanoos, his ^ mark. L. s.) 

Konalwaffse, his M mark. (L. s.) 

Shawnaqum, his ^ mark. (L. s.) 

Quecookkia, his M mark. (L. s.) 

Witnefles : Saml. J. Atlee, Francis John- 
flon, Pennfylvania Commiffioners. Alexander 
Campbell. Jofiah Harmar, Lieut. Col. Com't. 
Alexander Lov/rey. Jofeph Nicholas, inter- 
preter. I. Bradford. George Slaughter. Van 
Swearingen. John Boggs, G. Evans. D. 
Lilckett. 



TREATY 

O F 

AMITY AND COMMERCE 

BETWEEN 

His Majefty the King of Pruffia 

AND THE 

UNITED STATES OF AMERICA. 



ORIGINAL. 

TREATY of AMITY and COMMERCE, 

between his Majejiy the King of Pruflia 
and the United States of America. 

HIS Majefty the King of Pruflia, and the 
United States of America, defiring to 
lix, in a permanent and equitable manner, the 
rules to be obferved in the intercourfe and 
commerce they defire to eftablifh between their 
refpe&ive countries ; His Majefty and the Uni- 
teq States have judged that the faid end can- 
not be better obtained than by taking the mod ;] 
perfect equality and reciprocity for the bafis j 
of their agreement. 

With this view, His Majefty the King off 
Pruffia has nominated and conftituted as his j 
Plenipotentiary, the Baron Frederick William] 
de Thulemeier, his Privy Counfellor of Em- ; 
bafiy, and Envoy Extraordinary with |their 
High Mightineffes the States General of the 
United Netherlands ; and the United States ! 
have, on their part, given full powers to John \ 
Adams, Efquire, late one of their Minifters 
Plenipotentiary for negociating a peace, here-j 
tofore a Delegate in Congrefs from the flate of 
MaiTachufetts, and Chief Juftice of the fame, 
and now Minifter Plenipotentiary of the Uni- . 
ted States with His Britannic Majefty ; Doftor 
Benjamin Franklin, late Minifter Plenipotenti- j 
ary at the court of Verfailles, and another of 
their Minifters Plenipotentiary for negociating 
a peace ; and Thomas JefFeribn, heretofore a 
Delegate in Congrefs from the ftate of Virginia, 
and Governor of the faid ftate, and now Minif-i 
ter Plenipotentiary of the United States at the: 
court of His Moft Chriflian Majefty, which. 



ORIGINAL. 
/ 



TRAITE D'AMITIE et de COMMERCE, 

entrefa Majefte le Roi de Pruile et les Etats 
Unis de /'Ame'rique. 

SA Majefte le Roi de Prufle, &c. &c. et les 
Etats Unis de PAmerique, defirant de fix- 
er d'une maniere permanente et equitable les 
regies qui doivent etre obfervees relativement 
a la correfpcndance et an commerce a etablir 
entre les Etats refpe&ifs des deux parties ; fa 
Majefte et les Etats Unis ont cru ne pouvoir 
mieux remplir ce but, qu'en pofant pour bale 
de leurs engagemens la plus parfaite egalittj' et 
reciprocite. 

Dans cette vue fa Majefte le Roi de PnuTe 
a nomine et conftituc pour fon Plenipotentiaire 
le Baron Frederic Guillaume de Thulcmeier, 
fon Confeiller Privc d'Ambaffade et Envoye 
Extraordinaire aupres de leurs Haut.es Puif- 
fonces les Etats Gcneraux dcs Provinces U- 
nies ; et les Etats Unis ont de leur cote pour- 
vu de leurs pleinpouvoirs le Sieur John Adams 
ci-devant Tun de leurs Miniflrcs Plcriipotenti- 
aires pour traiter de la paix, Delegue au Con- 
gres de la part de 1'etat de Maflachufetts et 
Chef de Juftice du dit etat, aftuellcment Mi- 
niilre Plenipotentiaire des Etats Unis pres fa 
Majefte le Roi de la Grand l^etagne, le Doc- 
teur Benjamin Franklin en dernier lieu leur 
Miniftre Plenipotentiaire a la cour de fa l\Ta- 
jefle tres Chretienne et aufli Tun de leurs IVli- 
niftres Plenipotentiaire^ pour traiter de la pi 
et le Sieur Thomas Jetferfon, ci-dcvant dele- 
gue au Congres de la part de 1'etat de Virgi- 
wie et gouverneur du dit etat, actu^llcment 

Pienipotentiaire a la cour Je fa Maicfte 



C 31* 3 

refpe&ive Plenipotentiaries, after having ex- 
changed their full powers, and on mature de- 
liberation, have concluded, fettled and figned 
the following articles. 

ARTICLE I. 

Peace and There (hall be a firm, inviolable and univer- 
^ P eace anc ^ fincere friendfhip between His 
Majefty the King of Pruffia, his heirs, fuccef- 
f ors an j fubjefts, on the one part, and the Uni- 
ted States of America, and their citizens, on 
the other, without exception of perfons or 
places. 

ARTICLE II. 

The fubjects of His Majefty the King of 
en- Pruffia may frequent all the coafls and coun- 
fame pri- tr i es f tne United States of America, and 
viieges in refide and trade there in all forts of produce, 
states, as manufactures and merchandize ; and mail pay 
themoftfa- within the faid United States no other or grea- 
tjbo. *' ter duties, charges or fees whatfoever, than 
the mod favoured nations are or fhall be o- 
bliged to pay ; and they mail enjoy all the 
rights, privileges and exemptions in navigation 
and commerce, which the mofl favoured na- 
tion does or mail enjoy ; fubmitting themfelves 
neverthelefs to the laws and ufages there eftab- 
lifhed, and to which are fubmitted the citizens 
of the United States, and the citizens and fub- 
jecls of the moil favoured nations. 

ARTICLE III. 



united 8 * ^ n ^ e Hiamier the citizens of the United 
states en- States of America may frequent all the coafts 
!ri anc * countr ^ es of his Majefty the King of Pruf- 
fia, and refide and trade there in all forts of 



P roc ^ uce 3 manufactures and merchandize, and 
na- mall pay in the dominions of his faid Majefty 
no other or greater duties, charges or fees 



C 3" ] 

trcs Chrctienne, lefqueis Plenipotentiaires re- 
fpeclifs, apres avoir ^change leurs pleinpou- 
voirs, et en confequence d'une mure delibera- 
tion, ont conclu, arrete et figne les articles fui- 
vans. 

ARTICLE I. 

II y aura une paix ferine, inviolable et uni- 
verfelle et une amitic fmcere, entre fa Majefte 
le Roi de PrufTe, fes heritiers, fucceficurs et 
fujets, d'une part, et les Etats Urn's d'Arne- 
rique et leurs citoyens, d'autre part, fans ex- 
ception de perfonnes ou de lieux. 

ARTICLE II. 

Les fujets de fa Majefce le Roi de PruiK; 
pourront frequenter toutes les cotes et tous les 
pays des Etats Unis de 1'Amerique, y refider 
et trafiquer en toutes fortes de productions, 
manufactures et marchsndifes, et ne payeront 
d'autres ni de plus ions impots, charges ou 
droits dans les dits Etats Unis, que ceux que 
les nations les plus favorifees font, ou feront 
obligees de payer ; et ils jouiront de tous les 
droits, privileges et exemptions dans la navi- 
gation et le commerce dont joui't, ou joui'ra la 
nation la plus favorifee ; fe foumettant nean- 
moms aux loix et ufages y etablis, et auxquela 
font foumis les citoyens des Etats Unis et les 
citoyens et fujets des nations les plus favorifees. 

ARTICLE III. 

Pareillement les citoyens des Etats Unis de 
1'Amerique pourront frequenter toutes les co- 
tes et tous les pays de fa Majefle le Roi de 
Pruffe, y refider et trafiquer en toutes fortes 
de productions, manufactures et marchandifes, 
et ne payeront d'autres ni plus forts impots, 
charges ou droits dans les domaines de faditc 



C 

whatfosver than the moft favoured nation is 
or (hall be obliged to pay ; and they fhall en- 
joy all the rights, privileges and exemptions 
in navigation and commerce which the moft 
favoured nation does or fhall enjoy ; fubmit- 
ting themfelves neverthelefs to the laws and 
ufages there eftablifhed, and to which are fub- 
mitted the fubje&s of his Majefty the King of 
PrufTia, and the fubjecls and citizens of the 
inoft favoured nations. 

ARTICLE IV. 

Regulation More efpecially each party fhall have a right 
of cummer- t o carry their own produce, manufactures and 
merchandize, in their own or any other veffels 
to any parts of the dominions of the other, 
where it fhall be lawful for all the fubjects or 
citizens of that other freely to purchafe them ; 
and thence to take the produce, manufactures 
and merchandize of the other, which all the 
faid citizens or fubjc&s fhall in like manner be 
free to fell them, paying in both cafes fuch du- 
ties, charges and fees only, as are or mall be 
paid by the moft favoured nation. Neverthe- 
lefs the King of Pruffia and the United States, 
and each of them, referve to themfelves the 
right, where any nation reftrains the tranfpor- 
tation of merchandize to the veflels of the 
country of which it is the growth or manufac- 
ture, to eftablifh againft fuch nation retaliating 
regulations ; and alfo the right to prohibit, in 
their refpedive countries, the importation and 
exportation of all merchandize whatlbever, 
when reafons of ft ate (hall require it. In this 
cafe, the fubj eels or citizens of either of the con- 
tracting parties fhall not import or v export the 
merchandize prohibited by the ot^er ; but. if 
one of the contracting parties permits any other 
nation to import or export the fame merchan- 



3'3 

j Majefte, que ceux que la nation la plus favori- 
I fee eft, ou fera obligee de payer, et ils jouiront 
i des tons les droits, pivileges et exemptions 
! dans la navigation et le commerce, dont joint 
ou jouira la- nation la plus favorifee ; fe fou- 
mettant neanmoins aux lois et ufages y etablis, 
et aux quels font foumis les fujets de fa Ma- 
jefte le Roi de PriuTe, et les fujets et citoyens 
des nations les plus favoriic 

ARTICLE IV. 

En particulier, chacime des deux nations 
aura le droit d'importer fes propres producti- 
ons, manufactures et marchandifes a bord de 
fes propres batimens ou de tel autre, dans 
toutes les parties des domaines de 1'autre, oil il 
fera permis a tous les fujets et citoyens de 1'au- 
tre nation de les acheter librement ; comme 
auili d'y charger les productions, manufactures 
et marchandifes de 1'autre que tous les dits fu- 
jets ou citoyens auront la liberte de leur ven- 
dre ; en payant dans Tun et 1'autre cas, tels 
impots, droits et charges feulement, que ceux 
qui font, ou feront payes par la nation la plus 
favorifee. Cependant le Roi de Pruffe et les 
Etats Unis de TAmerique, et chacun d'eux en 
particulier, fe refervent le droit, au cas que 
quelque nation reftreigne le tranfport des mar- 
chandifes aux vaiffeaux des pays dont elles font 
la production ou la manufacture, d'etablir en^ 
vers cette nation des reglemens reciproques. 
Se refervant de plus le droit de prohiber dans 
leurs pays refpedifs Timportation ou 1'expor- 
tation de toute marchandife quelconque, des 
t^ue la raifon d'etat Texige. En ce cas, les fu- 
jets ou citoyens d'une des parties contraclantes 
ne pourront importer ni exporter les marchan- 
difes prohibees par 1'autre. Mais fi Tune des 

VOL. II.. R 2 



I 3'4 3 

dize, the citizens or fubjects of the other mall 
immediately enjoy the i^me liberty. 



ARTICLE V. 

refills not The merchants, commanders of veffels, or 
cd !o C un- C " otner fubjefts or citizens of either party, ihall 
load mer- not, within the ports or jurifdiclion of the 
ehandize, Q^er, be forced to unload any fort of mer- 
chandize into any other veffels, nor to receive 
them into their own, nor to wait for their be- 
ing loaded longer than they pleafe. 

ARTICLE VI. 

woods to That the veffels of either party loading with- 

ed before 11 " in the ports or j urifdiclion of the other, may 

loaded, and no t be ufelefslv haraffed or detaind, it is agreed, 

uniefs fn* that all examinations of goods required by 

cafe^of t h e l aw s, mall be made before they are laden 

on board the veffel, and that there mail be no 

examination after; nor mall the veffel be 

fearched at any time, uniefs articles mail have 

been laden therein clandeflinely and illegally, 

in which cafe the perfon by whofe order they 

were carried on board, or who carried them 

without order, mall be liable to the laws of the 

land in which he is ; but no other perfon mail 

be molefted, nor mail any other goods, nor 

the veffel be feized or detained for that caufe. 



ARTICLE VII. 

Each party Each party mall endeavour, by all the means 
to protea i n their power, to protect and defend all vef- 

thc Veffels 



Vees -, ."- rroil 1 

effeas fels and other effects belonging to the citizens 
of the or f u bjecl:s of the other, which (hall be within 



C 315 ] 

parties contraclantes permet a quelqu'autre 
nation d'importer ou d'exporter ces memes 
marchandifes, les citoyens ou fujets de Tautre 
partie contraclante jouiront tout aumtot d'une 
liberte pareille. 

ARTICLE V. 

Les marchands, commandans de vaiffeaux, 
et autres fujets ou citoyens de chacune des 
deux -nations, ne feront pas forces dans les 
ports ou dans la jurifdicHon de 1'autre, de de- 
charger aucune forte de marchandifes dans d' 
autres vaiileaux, ni de les recevoir a bord de 
leurs propres navires, ni d'attendre leur charge- 
ment plus long-temps qu'il ne leur plaira. 
ARTICLE VI. 

Pour eviter que les vailTeaux de 1'une des 
deux parties contraclantes ne foyent point 
inutilement moleftes ou detenus dans les ports 
ou fous la jurifdiclion de 1'autre, il a etc con- 
venu que la vifite des marchandifes, ordonnee 
par les loix, fe fera avant qu'elles ne foyent 
chargees fur le navire, et qu*enfuite elles ne 
feront plus affujetties a aucune vifite. Et en 
general il ne fe fera point de recherche a bord 
du vaiifeau, a moins qu'on n'y ^t charge clan- 
deflinement et illegalement des marchandifes 
prohibees. Dans ce cas, celui par Tordre du- 
quel elles ont ete portees a bord, ou celui qui 
ks y a portees fans ordre, fera foumis aux loix 
du pays ou il fe trouve, fans que le rede de 1'e- 
quipage foit molefte, ni les autres marchan- 
difes, ou le vaiffeau faifis ou detenus par cette 
raifon. 

ARTICLE VII. 

Chacune des deux parties contraclantes ta- 
chera, par tons les moyens qui feront en fon 
pouvoir, de proteger et de defendre tous les 
yaiiTeaux et autres effets appartenans aux ci- 



their do- 
nuiiioiis. 



t 

the extent of their jurifdiclion, by fea or by land ; 
and ill all ufe all their efforts to recover, and 
caufe to be reftored to the right owners, their 
veffels and effects which fhall be taken from 
them within the extent of their faid jurifdic- 
tion. 

ARTICLE VIII. 

The veifels of the fubjecls or citizens of 
coming on either party, coming on any coail belonging 
Centering to ^ e o^^but n t willing to enter into port, 
the ports or being entered into port, and not willing to 
nltTonSow unload tne ^ r cargoes or break bulk, fhall have 
to be treat- liberty to depart and to purfue their voyage, 
without moleflation, and without being oblig- 
ed to render account of their cargo, or to 
pay any duties, charges or fees \vhatfoever, 
except thofe eftablifhed for veffels entered into 
port, and appropriated to the maintenance of 
the port itfelf, or of other eftablimments for the 
fafety and convenience of navigators, which 
duties, charges and fees fhall be'the fame, and 
fhall be paid on the fame footing as in the cafe 
offubjeclsor citizens of the country where they 
are eilablifhed. 

ARTICLE IX. 

in cafe of Vv 7 hen any veffel of either party mall be 
wrecked, foundered or otherwife damaged on 
the coafts, or within the dominion of the other, 
cd, and their refpeciive fubjects or citizens fhall receive, 
ftored. re " as we ^ f r themfelves as for their veilels and 
effects, the fame ailiftance which would be due 
to the inhabitants of the country where the 
damage happens, and fhall pay the fame 
charges and dues only as the faid inhabitants 
would be fubjeft to pay in a like cafe : and if 
the operations of repair fhall require that the 
whole or any part of their cargo be unladed. 



C 317 ] 

toyens ou fujets de 1'autre, et fe trouvant dans 
1'etendue de fa jurifdiction par mer ou par 
terre : et elle employera tcus fes efforts pour 
recouvrer et faire reilituer aux proprietaires 
legitimes Ies vaiffeaux et cffets qui leur auront 
ete enleves dans Petendue de fa dite jurifdiction. 
ARTICLE VIII. 

Les vaiffeaux des fujets ou citoyens d'unc 
des deux parties contraftantes, arrivant fur une 
cote appartenante a 1'autre, mais n'ayant pas 
deffein d'entrer au port, ou y etant entres, nc 
defirant par de decharger leurs cargaifons, on 
de rompre leur charge, auront la liberte dc 
repartir et de pourfuivre leur route fans em- 
pechement, et fans etre obliges de rendre 
compte de leur cargaifon, ni de payer aucuns 
Illinois, charges et droits quelconques, excepte 
ceux etablis fur Ies vaiffeaux une fois entres 
dans le port, et deftines a Tentretien du port 
meme ou a d'autres etabliffemens qui ont pour 
but la fur etc et la commbdite des navigateurs, 
lefquels droits, charges et impots feront Ies 
memes et fe payeront fur le meme pied qu'ils 
font acquittes par Ies fujets ou citoyens de 1'itat 
ou ils font etablis. 

ARTICLE IX. 

An cas que quelque vaiffeau appartenant a 
Tune des deux parties contraclantes auroit fait 
naufrage, echouc ou fouffert quelque autre 
dommage fur Ies cotes ou fous la domination 
de 1'autre, Ies fujets ou citoyens refpe&ifs re- 
cevront, tant pour eux que pour leurs vaif- 
feaux et effets, la meme affiflance qui auroit 
ete fournie aux habitans du pays ou Taccident 
arrive ; et ils payeront feulement Ies memes 
charges et droits, auxquels Ies dits habitants 
auroient ete affujettis en pareil cas. Et fi la 
reparation du vaiffeau exigeoit que la cargai- 



c 3'S : 



The Citi- 
zens or 
Subjefts of 
each party, 
maydifpole 
of their 
perfonal 
eftate by 
will or 
therwile. 



Regula- 
tions con- 
cerning the 
fame. 



they mail pay no duties, charges or fees on 
the part which they fhall relade and carry 
away. The ancient and barbarous right to 
wrecks of the fea fhall be entirely abolifhed, 
with refpect to the fubjects or citizens of the 
two contracting parties. 

ARTICLE X. 

The citizens or fubjecls of each party (hall 
have power to difpofe of their perfonal goods 
within the jurifdiction of the other, by tefta- 
ment, donation or otherwife ; and their repre- 
fentatives, being fubjecls or citizens of the 
other party, (hall fucceed to their faid perfonal 
goods, whether by teftament or ab inicjlato^ 
and may take pofieffion thereof either by them- 
felves or by others acting for them, and dif- 
pofe of the fame at their will, paying fuch dues 
only as the inhabitants of the country wherein 
the faid goods are, (hall be fubject to pay in 
like cafes. And in cafe of the abfence of the 
reprefentative, fuch care mall be taken of the 
faid goods, and for fo long a time as would be 
taken of the goods of a native in like cafe, un- 
til the lawful owner may take meafures for 
receiving them. And if queftion mall arife 
among feveral claimants to which of them the 
faid goods belong, the fame fhall be decided 
finally by the laws and judges of the land 
wherein the faid goods are. And where, on the 
death of any perfon holding real eftate within 
the territories of the one party, fuch real eftate 
would by the laws of the land defcend on a 
citizen or fubject of the other, were he not dif- 
qualified by alienage, fuch fubject mall be al- 
lowed a reafonable time to fell the fame, and 
to withdraw the proceeds without moleftation, 
and exempt from all rights of detraction on 
the part of the government of the rcfpective 



C 3*9 1 

fon fut dechargee en tout on en partie, ils 'ne 
payeront aucun impot, charge ou droit de cc 
qui fera rembarque et emporte. L'ancien et 
barbare droit de naufrage fera entierement a- 
boli a Tegard des fujets ou citoyens des deux 
parties contraclantes. 

ARTICLE X. 

Les citoyens ou fujets de Tune des deux par- 
ties contraclantes auront dans les etats de 1'au- 
tre, la liberte de difpofer de leurs biens perfon- 
nels, foit par teftament, donation ou autre- 
ment, et leurs heritiers etant fujets ou citoyens 
de Fautre partie contractante, fuccederont a 
leurs biens, foit en vertu d'un teitament, ou 
ab inteftat, et ils pourroat en prendre pofTeflion, 
foit en perfonne,foit par d'autres agiflant en leur 
place, et endifpoferont a leur volonte ? en ne pay- 
ant d'autres droits que ceux aux-quels les habi- 
tants du pays ou la fucceilion eft devenue va- 
cante, font ailujettis en pareille occurrence. Et 
en cas d'abfence des heritiers, on prendra auffi 
longtemps des biens qui leur font echus, les 
memes foins qu'onauroit pris en pareille occaiion 
des biens des natifs du pays, jufqu'a ce que le 
proprietaire legitime ait agree des arrangemens 
pour recueillir Theritage. S'il s'eleve des con- 
teflations entre differens pretendans ayant droit 
j. la fucceffion, elles feront decidees en dernier 
reffort lelon les loix et par les juges du pays ou 
la fucceffion eft vacante. Et li par la mort de 
quelque perfonne poifcdant des biens-fonds 
fur le territoire de Tune des parties contrac- 
tantcs, ces biens-fonds venoient a pafler, felon 
les loix du pays, a un citoyen ou iujet de 1'au- 
tre partie, ii celui-ci, par fa qualite d'etranger 
eft inhabile de les pofleder, il obtiendra un delai 
convenabie pour les vendre et pour en retirer 
le provenu, fans obftacle, exempt de tout droit 



c 3* : 

ftates. But this article fnali not derogate in any 
manner from the force of the laws already 
publiflied or hereafter to be publifhed by his 
Majefty the King of Pruffia, to prevent the 
emigration of his fubjecls. 



of ARTICLE XL 

The moft perfect freedom of confcience and 



fecured. o f WO rfhip, is. granted to the citizens or fub- 
je&s of either party, within the jurifdiclion of 
the other, without being liable to moleftation 
in that refpect, for any caufe other than an in- 
fult on the religion of others. Moreover, when 
the fubjects or citizens of the one party, mail 
die within the jurifdiction of the other, their 
bodies {hall be buried in the ufual burying 
grounds, or other decent and fuitable places, 
and mall be protected from violation or dif- 
turbance. 



ARTICLE XII. 

Liberty for ^ one ^ tne contracting parties mould be 
cither par- engaged in war with any other power, the free 
whh a^na- mt ercourfe and commerce of the fubje&s or 
tion at war citizens of the party remaining neuter with the 
the?. thC " belligerent powers, mall not be interrupted. 
On the contrary, in that cafe a.s in full peace, 
the veffels of the neutral party may navigate 
freely to and from the ports and on the coafts 
of the belligerent parties, free veflels making 
Free {hips ^ ree goods, infoniuch, that all things fnall be 
make free adjudged free which (hall be on board any vel- 
fel belonging to the neutral party, although 
fuch things belong to an enemy of the other ; 
and the fame freedom, mall be extended to per- 
fons who mail be on board a free veffel, al- 
though they mould be enemies to the other par- 



C 3*1 3 

de retenue, de la part du gouvernement des 
Etats refpeclifs. Mais cet article ne derogera 
en aucune maniere a la force des lois qui ont 
deja etc publiees ou qui le feront dans la fuite, 
par la Majefle le Roi de Prufle, pour prevenir 
P emigration de fes fujets. 

ARTICLE XL 

II fera accorde la plus parfaite liberte de 
confcience et de culte aux citoyens et fujets de 
chaque partie contradante dans les etats de 
Pautre, et perfonne ne fera molefte a cet egard 
pour quelque caufe que ce foit, fi ce n'eft pour 
infulte faite a la religion de Pautre. De plus, 
ii des fujets et citoyens de Pune des parties con- 
tractantes venoient a mourir dans la jurifdic- 
tion de Pautre, leurs corps feront enterres dans 
les endroits ou Pon a coutume de faire les en- 
terremens, ou dans tel autre lieu decent et con- 
venable, et ils feront proteges centre toute vi- 
olence et trouble. 

ARTICLE XII. 

Si Pune des parties contraftantes etoit en 
guerre avec une autre puiffance, la libre cor- 
refpondance et le commerce des citoyens ou 
fujets de la partie qui demeure neutre envers 
les puhTances belligerantes, ne feront point in- 
terrompus. Au contraire, et dans ce cas, 
comme en pleine paix, les vaiffeaux de la partie 
rieutre pourront nayiguer en toute furete dans 
les ports et fur les cotes des puiflances belli- 
gerantes, les vaiffeaux lib res. rendant les mar- 
chandifes libres, en tant qu'on regardera 
comme libre tout ce que fera a bord d'un na- 
vire appartenant a ia partie neutre, quand 
me me ces efFets appartiendroient a Pennemi de 
Pautre. La menie liberte s'etendra aux per- 
fonnes qui fe trouveront a bord d'un vaiffeau 
VOL, II. S 2 



r 3 22 i 

ty, unlefs they be foldiers in actual fervlce of 
fuch enemy. 

ARTICLE XIII. 

NO goods ^ n d in the fame cafe of one of the con- 
fhaii be tracing parties being engaged in war with any 
contra- other power, to prevent all the difficulties and 
band, fo as mifuRderflandings that ufually arife refpe&ing 
S-.afifca^ the merchandize heretofore called contraband, 
tionjbut f uc h as arms, ammunition and military ftores 
bT detain- of every kind, no fuch articles carried in the 
d. vcifels, or by the fubjedls or citizens of one of 

the parties to the enemies of the other, fliall be 
deemed contraband, fo as to induce confif- 
. cation or condemnation and a lofs of property 
to individuals. Neverthelefs, it mall be lawful 
to flop fuch veflels and articles, and to detain 
them for fuch length of time as the captors 
may think neceffary to prevent the inconveni- 
ence or damage that might enfue from their 
proceeding, paying however a reafonable com- 
penfation for the lofs fuch arrefl mall occaiion 
to the proprietors : And it mall further be al- 
lowed to ufe in the fervice of the captors, the 
whole or any part of the military ftores fo de- 
tained, paying the owners the full value of the 
fame, to be a:ertained by the current price at 
the place of its deftinatiori. But in the cafe fup- 
pofed, of a veffel flopped for articles hereto- 
fore deemed contraband, if the mafter.of the 
veffel flopped will deliver out the goods fup- 
pofed to be of contraband nature, he mail be 
admitted to do it, and the veffel mall not in 
that cafe be carried into any port, nor further 
detained, but fhall be allowed to proceed or?. 
her voyage, 



C 323 3 

fibre, quand memes elles feroient cnnemis de 
1'autre partie, excepte que ce fuffent des gens 
de guerre, a&uellement au fervice de Tennemi. 

ARTICLE XIII. 

Dans le cas ou Tune des parties contradan- 
tes fe trouveroit en guerre avec une autre puif- 
fance, il a etd convenu que pour prevent? les 
ditTicultes et les difcuflions qui furviennent or- 
dinairement par rapport aux marchandifes ci- 
devant appellees de contrebande, telles que 
armes, munitions, et autres provifions de 
guerre de toute efpece, aucun de ces articles, 
charges a bord des vaiffeaux des citoyens ou 
fujets de Tune des parties, et dcftines pour 1'en- 
nemi de 1* autre, ne fera cenf- de contrebande, 
au point d'impliquer confifcation ou condam- 
nation, et d'entramer la perte de la proprietc 
des individus. Neanmoins il fera permis d'ar- 
reter ces fortes de vaifleaux et efl'ets, et de les 
retenir pendant tout le temps que le preneur 
croira ne'ceffaire pour prevenir les inconveni- 
ens et le dommage qui pourroient en refulter 
autrement ; mais dans ce cas on accordera une 
conipenfation raifonable pour les pertes qui au- 
ront ete occafionnees par la faifie. Et il fera 
permis en outre aux preneurs d j employer a 
leur fervice, en tout, ou en partie, les muniti* 
ons militaires detenues, en en pay ant aux pro- 
prictaires la pleine valeur, a determiner fur le 
prix qui aura cours a 1'endroit de leur defli- 
nation ; mais que dans le cas enonce, d'un 
vaifleau arrete pour des articles ci-devant ap- 
pelles contrebande, ii le maitre du navire con- 
fentoit a delivrer les marchandifes fufpecles, il 
aura la liberte de le faire, et le navire ne fera 
plus^amene dans le port, ni detenu plus long- 
temps, mais aura toute liberte de pourfuivre 
fa route. 



C 

ARTICLE XIV. 

to And in the fame cafe where one of the par- 
ed wfth lfh " ** es * s en g a ged 'in war with another power, 
fea-ictters, that the veflcls of the neutral party may be 
porS^ readily and certainly known, it is agreed, that 
they mall be provided with fea-letters, or paff- 
ports, which (hall exprefs the name, the pro- 
perty and burthen of the veffel, as alfo the 
name and dwelling of the mailer, which paff- 
ports mall be made out in good and due forms, 
(to be fettled by conventions between the par- 
ties whenever occafion fhall require) fhall be 
renewed as often as the veffel mail return into 
port ; and mail be exhibited whenfoever re.- 
quired, as well in the open fea as in port. But 
if the faid veffel be under convoy of one or 
more veffels of war, belonging to the neutral 
party, the fimple declaration of the officer com- 
manding the convoy, that the faid veffel be- 
longs to the party of which he is, mail be con- 
fidered as eftablifhing the fact, and mall relieve 
both parties from the trouble of further ex- 
amination, 

ARTICLE XV. 

Howvcf And to prevent entirely all diforder and 
fcis are to violence in fuch cafes, it is flipulated, that 

vV/n met' when the veflels f tlie neutral party, failing 
by fiups of without convoy, mail be met by any veffel of 
iwtecrs pn ~ war > P u blic or private, of the other party, fuch 
veffel of war fhall not approach within cannon 
mot of the faid neutral veffel, nor fend more 
than two or three men in their boat on board 
the fame, to examine her fea-letters or paff- 
ports. And all perfons belonging to any veffel 
of war, public or private, who mall molefl or 
injure, in any manner whatever, the people, 
veffels or effects of the other party, mall be 
reljponfible in their perfons and property for da- 



C 

ARTICLE XIV. 

Bans le cas ou Tune des deux parties contrac- 
tantes fe trouveroit engagee dans une guerre 
avec une autre puiflance, et afin que les vaif- 
feaux de la partie neutrc foyent promptement 
et furement reconnus, on eft convenu qu'ils 
devront etre munis de lettres de mer ou paffe- 
ports, exprimant le nom, le proprietaire, et 
le port du navire, ainfi que le nom et la de- 
meure du niaitre. Ces pafleports, qui feront 
expedies en bonne et due forme (a determiner 
par des conventions entre tes parties, lorfque 
Toccafion le requerra) devront etre renouvelles 
toutes les fois que le vaifleau retournera dans 
fon port, et feront exhibes a chaque requifition 
tant en pleine mer que dans le port. Mais fi 
le navire fe trouve fous le convoi d'un ou plu- 
fieurs vaifleaux de guerre appartenants a la 
partie neutre, il fuffira que Tofficier command- 
ant du convoi declare que le navire eft de fon 
parti moyennant quoi cette fimple declaration 
iera cenfee etablir le fait, et difpenfera les 
deux parties de toute vifite ulterieure. 

ARTICLE XV. 

Pour prevenir entierement tout defordre et 
toute violence en pareil cas, il a ete ftipule' 
que lorfque des navires, de la partie neutre, 
navigans fans convoi, rencontreront quelque 
vaiffeau de guerre public ou particulier de 
1'autre partie, le vaifleau de guerre n'appro- 
chera le navire neutre qu' au dela de la portee 
du canon, et n'enverra pas plus de deux ou 
trois hommes dans fa chaloupe a bord, pour 
examiner les lettres de mer ou pafieports. Et 
toutes les perfonnes appartenantes a quelque 
vaifleau de guerre public ou particulier, qui 
molefteront ou infulteront en quelque ma- 
niere que ce foit Tequipage, les vaifleaux ou 



t 

mages and intereft, fufficient fecurity for which 
fhall be given by all commanders of private ar- 
med veffels before thev are commiilioned. 



ARTICLE XVI. 

not It is agreed that the fubjects or citizens of 
eacn f tne contracting parties, their velfels 
and effects, mall not be liable to any embargo 
or detention on the part of the other, for any 
military expedition, or other public or private 
purpofe whatfoever. And in all cafes of feizure, 
detention or arreft, for debts contracted or 
offences committed by any citizen or fubje<l of 
the one party, within the jurifdiction of the 
other, the fame mall be made and profecuted 
by order and authority of law only, and ac- 
cording to the regular courfe of proceedings 
ufual in fuch cafes. 

ARTICLE XVII. 

when re- If 2- n Y veffel or effects of the neutral power 
captured, ^ b e taken by an enemy of the other, or by a 
pirate, and retaken by that other, they fhall 
be brought into fome port of one of the par- 
ties, and delivered into the cuflody of the of- 
ficers of that port, in order to be reftored en- 
tire to the true proprietor, .as foon as due proof 
fhall be made concerning the property thereof. 

ARTICLE XVIII. 

If the citizens or fubjects of either party, 
m danger fr m tempefts, pirates, enemies or 
weather, other accident, fhall take refuge with their 
ports D {hail veufe ^ s or effects, within the harbours or jurif- 
iieprotec- diction of the other, they fhall be received, 
prote&ed and treated with humanity and kind- 



C 3 2 7 3 

cfiets de Pautre partie, feront refponfables CH 
leurs perfonnes et en leurs biens, de tcus dom- 
mages et interets ; pour lesquels il fera donnc 
caution fuffifante par tous les commandans de 
vaiffeaux armes en courfe, avant qu'ils re- 
$oivent leurs commiilions. 

ARTICLE XVI. 

II a ete convenu que les fujets ou citoyens de 
1'une des parties contraclantes, leurs vaifleaux 
ni effets, ne pourront etre affujettis a aucun 
embargo, niretenus de la part de Tautre pour 
quelque expedition militaire, ufage public ou 
particulier de qui que ce foit. Et dans les cas 
de faifie, de detention, ou d'arret, foit pour 
dettes contraclees, ou ofFenfes commifes par 
quelque citoyen ou fujet de Tune des parties 
contraclantes dans la jurifdiclion de Pautre, 
on proc^dera uniquement par ordre et autorite 
de la juftice et fuivant les voyes ordinaires eix 
pareil cas ufitees. 

ARTICLE XVII. 

S'il arrivoit que les batimens ou effets de 
la puiffance neutre fuflent pris par Tennemi de 
1'autre, ou par un pirate., et enfuite repris par 
la puiflance en guerre, ils feront conduits dans 
un port de 1'une des deux parties contraclantes 
et remis a la garde des officiers du port, afm 
d'etre reftitues en entier au proprietaire legi- 
time, des qu'il aura duement conflate foil 
droit de propriete. 

ARTICLE XVIII. 

Lorfque les citoyens on fujets de Tune des 
deux parties contraclantes feront forces par 
des tempetes, par la pourfuite des corfaires ou 
vaifleaux ennemis, ou par qVielqu' autre acci- 
dent, a fe refugier avec leurs vaifleaux ou ef- 
fcts dans les havres, ou dans la jurifdiclion de 



C 328 ] 

nefs, and mall be permitted to furnifh them- 
felves, at reaibnable prices, with all refrem- 
ments, provifions and other things neceffary 
for their fuftenance, health and accommoda- 
tion, and for the repair of their vefTels. 



ARTICLE XIX. 

The veflels of war, public and private, of 
v ar may both parties, mall carry freely wherefoever they 
prizes into pleafe, the veflels and effects taken from their 
the portsof enemies, without being obliged to pay any du- 

cach na- r o o f J J 

tion. ties, charges or fees to officers of admiralty, 
of the cuftoms, or any others, nor fhall fuch 
prizes be arrefled, fearched or put under legal 
procefs, when they come to and enter the 
ports of the other party, but may freely be 
carried out again at any time by their captors 
to the places expreffed in their commiflions, 
which the commanding officer of fuch vefTel 
fhall be obliged to mew. But no veflel which 
mail have made prizes on the fubjefts of his 
Moft Chriftian Majefty the King of France, 
fhall have a right of afylum in the ports or ha- 
vens of the faid United States ; and if any 
fuch be forced therein by tempefl or dangers 
of the fea, they fhall be obliged to depart as 
foon as poffible, according to the tenor of the 
treaties exifting between his faid Moil Chrif- 
tian Majefty and the faid United States. 

citizens of ARTICLE XX. 

either par- No citizen or fubjecl of either of the co'n- 
- 1 tr a&ing parties mall take from any power with 



- 
minions, or which the other may be at war, any commif- 

jiTamur ^ lon or l tter f marque for arming any veflel 
fromaftate to at as a privateer againft the other, on pain 
>Lc V o[hcr! h of being punilhed as a pirate ; nor fhall either 



C 

1'autre, ils feront re9us, proteges et trailer 
avec humanite et honnetete. II leur fera per* 
mis de fe pourvoir a un prix raifonable de ra- 
fraichiffemenSj de provifions et de toutes chofes 
neceflaires pour leur fubfiftance, fante et com- 
modite, .et pour la reparation de leurs vaif- 
feaux. 

ARTICLE XIX, 

Les vaiffeaux de guerre publics et particu- 
liers des deux parties contraclantes, pourront 
conduire en toute liberte, par tout ou il leur 
plaira, les vaiffeaux et efFets qu'ils auront pris 
fur leurs ennemis, fans etre obliges de payer 
aucuns impots, charges ou droits auxofliciers 
de 1'amiraute, des douanes ou autres. Ces 
prifes ne pourront etre non plus ni arretees, 
ni vifitees, ni foumifes a des procedures le- 
gales, en entrant dans le port de 1'autre partie, 
mais elles pourront en fortir librement, et etre 
conduites en tout temps par le vaiiTeau pre- 
neur aux endroits portes par les commiffions, 
clont ToiFicier commandant le dit vaifleau fera 
oblige de faire montre. Mais tout vaifleau qui 
aura fait des prifes fur les fujets de fa Majefte 
tres Chrttienne le Roi de France, ne fauroit 
obtenirun droit d'afile dans les ports ou havres 
des Etats Unis ; et s'il ctoit force d'y cntrer 
par des tempetes ou dangers de mer, il fera 
oblige d'en reparlir le plutot poifible, confor- 
menient a la teneur des traites fubfiftants en- 
tre fa Majefle tres Chretienne el les Etats Unis. 
ARTICLE XX. 

Aucun citoyen on fujct de i'une des deux 
parties contraclantes n'acceplera d' une puif- 
fance avec laquellc 1'autre pourroit etre en 
guerre, ni commiiuon, ni Icttrc de marque, 
pour armer en courfe contre cette derniere, 
fous peine d* etre puni coinnie pirate. Et ni 

VOL. II. T 2 



C 33 ] 

party hire, lend or give any part of their na- 
val or military force to the enemy of the 
other, to aid them offenfively or defenfively 
againft that other. 

ARTICLE XXI. 

If the two contracting parties mould be en- 
to be gaged in war againft a common enemy, the 

obfervedin f? $ . ' n 11 u , r 

cafe of war. following points mall be obierved between 
them. 

ift. If a veflel of one of the parties, retaken 
by a privateer of the other, mail not have been' 
in poflefiion of the enemy more than twenty- 
four hours, me fliall be reflored to the firft 
owner for one-third of the value of the veflel 
and cargo ; but if me mail have been more 
than twenty-four hours in pofleflion of the ene- 
my, (he mall belong wholly to the recaptor. 
sd. If in the fame cafe the recapture were by 
a public veflel of war of the one party, refti- 
tution mall be made to the owner for one-thir- 
tieth part of the value of the veflel and cargo, 
if me mall not have been in pofleflion of the 
enemy more than twenty- four hours, and one- 
tenth of the faid value where flie fliall have 
been longer, which fums mall be diflributed 
in gratuities to the recaptors. 3d. The refti- 
tution in the cafes aforefaid, mall be after due 
proof of property, and furety given for the 
part to which the recaptors are entitled. 4th. 
The veflels of war, public and private, of the 
two parties, mall be reciprocally admitted with 
their prizes into the refpective ports of each ; 
but the faid prizes mall not be difcharged nor 
fold there, until their legality fhall have been 
decided, according to the laws and regulations 
of the ftates to which the captor belongs, but 
by the judicatures of the place into which the 



Tun ni Pautre des deux Etats ne louera, pre- 
tera on donnera une partie de fes forces na- 
vales ou militaires a Pennemi de Pautre, pour 
Paider a agir offenfivement ou defenfivement 
centre Petat qui eil en guerre. 
ARTICLE XXL 

S'il arrivoit que les deux parties contract- 
antes fuflent en meme temps en guerre centre 
un ennemi commun, on obfervera de part et 
d* autre les points fuivants. 

i. Si les batimens de Pune des deux nations 
reprispar les armateurs de Pautre, [n'ont pas etc 
au pouvoir de Pennemi au de la de vingt-quatrc 
heures, ils feront reftitues au premier proprie- 
taire moyennant le payement du tiers de la 
valeur du batiment et de la cargaifon : fi au 
contraire le vaifleau repris a etc plus de vingt- 
quatre heures au pouvoir de Pennemi, il ap- 
partiendra en entier a celui qui Pa repris. 
2. Dans le cas qu'un navire eft repris par un 
vaifleau de guerre de Pune des puiflances con- 
traftantes, il fera rendu au proprietaire, moy- 
ennant qu'il paye un trentieme du navire et 
de la cargaifon, fi le batiment n'a pas etc plus 
de vingt-quatre heures au pouvoir de Pennemi, 
et le dixieme de cette valeur, s'il y a ete plus 
long-temps, lefquelles fommes feront diftri- 
buees en guife de gratification a ceux qui 
Pauront repris. 3. Dans ces cas la reftitution 
n'aura lieu qu'apres les preuves faites de la 
propriete, fous caution de la quote-part qui en 
revient a celui qui a repris le navire. 4. Les 
vaifleaux de guerre publics et particuliers des 
deux parties contraftantes feront admis re- 
ciproquement avec leurs prifes dans les ports 
refpeclifs ; cependant ces prifes ne pourront 
y etre dechargees ni vendues, qu' apres que 
la legitimite de la prife aura ete decidee fui- 



[ 332 ] 

prize /hall have been conduced. 5th. It ihall 
be free to each party to make fuch regulations 
as they Ihall judge necefTary for the conduct 
of their refpe&ive veffels of war, public and 
private, relative to the veffels which they fhail 
take and carry into the ports of the two par- 
ties. 



ARTICLE XXII. 

Convoys in Where the parties (hall have a common ene- 

ccrtaij 
esics. 



certain my,or ill all both be neutral, the velfels of war of 



each ihall, upon all occafions, take under their 
protection the veffels of the other going the 
fame courfe, and fhall defend fuch veffels as 
long as they hold the fame courfe, againlt all 
force and violence, in the fame manner as they 
ought to protect and defend veffels belonging 
to the party of which they are. 



ARTICLE XXIII. 

in cafe of *f war ^ould aiife between the two con- 
\var, nine trading parties, the merchants of either coun- 
hTe'd to l ~ try, then refiding in the other, fhall be allowed 
citizens te to remain nine months to collect their debts 
affairs? 6 ' 1 " anc ^ ^le ^dr affairs, and may depart freely, 
carrying off all their effects, without molefta- 
tion or hindrance : And all women and chil- 
dren, fcholars of every faculty, cultivators of 
the earth, artizans, manufacturers and fifher- 
men unarmed and inhabiting unfortified towns, 
villages or places, and in general all others 
whofe occupations are for the common fubfif- 
tence and benefit of mankind, fhall be allowed 
to continue their refpective employments, and 
ihall not be molefted in their perfons, nor fhall 



[ 333 ] 

vant les loix et reglemens de 1'etat dont le pre- 
neur eft fujet, mais par la juftice du lieu ou 
la prife aura ete conduite. 5. II fera libre a 
chacune des parties contraclantes de faire tels 
reglemens qu' elles jugeront neceflaires, rela- 
tivement a la conduite que devront tenir re- 
fpectivement leurs vaiffeaux de guerre publics 
et particulicrs, a 1' egard des batimens qu'ils 
auront pris et amenes dans les ports des deux 
puiffances. 

ARTICLE XXII. 

Lorfque les parties contractantes feront en- 
gagees en guerre coritre un ennemi commun, 
ou qu' elles feront neutres toutes deux, les 
vaifleaux de guerre de 1'une prendront en 
toute occafion, fous leur protection, les navires 
de Fautre, qui font avec eux la meme route, 
et ils les defendront, auffi long-temps qu'ils fe- 
ront voile enfemble, contre toute force et vio- 
lence et de la meme maniere qu'ils protege- 
roient et defendroient les navires de leur pro- 
pre nation. 

ARTICLE XXIII. 

S'il furvient une guerre entre les parties 
contraclantes, les marchands de I'un des deux 
Etats quirefideront dans Tautre, auront la per- 
miiTion d'y refter encore neuf mois, pour re- 
cueillir leurs dettes aclives, et arranger leurs 
affaires, apres quoi ils pourront partir en toute 
liberte et emporter tous leurs biens, fans etre 
moleftes ni empeches. Les femmes et les en- 
fans, les gens de lettres de toutes les faculter,, 
les cultivateurs, artifans, manufacturiers et 
pecheurs, qui ne font point armes et qui ha- 
bitent des villes, villages ou places qui ne font 
pas fortifies, et en general tous ceux dont la 
vocation tend a la fubfiftance et a 1'avantage 
commun du genre humain, auront la liberte 



[ 334 ] 

their houfes or goods be burnt, or otherwife 
deftroyed, nor their fields wafted by the armed 
Principles force of the enemy, into whofe power, by the 
h^wa d n a ~ events of war, they may happen to fall ; but if 
any thing is neceflary to be taken from them 
for the life of fuch armed force, the fame mail 
be paid for at a reafonable price. And all mer- 
chant and trading vefiels employed in exchang- 
ing the products of different places, and there- 
by rendering the neceffaries, conveniencies and 
comforts of human life more eafy to be obtain- 
ed, and more general, mall be allowed to pafs 

free and unmolefted ; and neither of the con- 
No com- _ . nn rr 

minions to tractmg powers mall grant or lime any com- 
be granted m ifTion to any private armed vefiels, empower- 
to private . J . r n ' . * 

armed vef- ing them to take or deitroy fuch trading venels 
fds - or interrupt fuch commerce. 



ARTICLE XXIV. 

And to prevent the deftruction of prifoners 

Treatment i r i i in i 

of prifoners of war, by fending them into diitant and m- 
of ^ t a e r d re " clement countries, or by crouding them into 
clofe and noxious places, the two contracting 
parties folemnly pledge themfelves to each 
other, and to the world, that they will not 
adopt any fuch practice ; that neither will fend 
the prifoners whom they may take from the 
other into the Eaft-Indies, or any other parts 
of Afia or Africa, but that they mail be placed 
in fome part of their dominions in Europe or 
America, in wholefome fituations ; that they 
(hall not be confined in dungeons, prifon-lhips, 
nor prifons, nor be put into irons, nor bound, 
nor otherwife reftrained in the ufe of their 
limbs 5" that the officers {hall be enlarged on 



[ 335 J 

de continuer leurs profeflions refpeftives, et nc 
feront point moleftes en leurs perfonnes, ni 
leurs maifons, ou leurs biens incendies, ou 
autrement detruits, ni leurs champs ravages 
par les armees de I'ennemi au pouvoir duquel 
ils pourroient tomber par les evenemens de la 
guerre; mais fi Ton fe trouve dans la neceffite 
de prendre quelque chofe de leurs proprietes 
pour 1'ufage de 1'armee ennemie, la valeur en 
fera payee a un prix raifonnable. Tous les 
vaifieaux marchands et comme^ans, employes 
a 1'echange des productions de differens en- 
droits, et par confequent deftines a faciliter 
et repandre les neceflites, les commodites et les 
douceurs de la vie, pafleront librement et fans 
etre moleftes. Et les deux puiflances contrac- 
tantes s'engagent a n'accorder aucune com- 
miflion a des vaifleaux armes en courfe, qui les 
autorisat a prendre ou a detruire ces fortes de 
vaiiTeaux marchands, ou a interrompre le com- 
merce. 

ARTICLE XXIV. 

Afin d'adoucir le fort des prifonniers de 
guerre, et ne les point expofer a etre envoyes 
dans des climats elolgnes et rigoureux, ou 
reflerres dans des habitations etroites et mal- 
faines, les deux parties contra&antes s'en- 
gagent folemncllement Tune envers Tautre, et 
a la face de 1'univers, qu'elles n'adopteront 
aucun de ces ufages ; que les prifonniers 
qu'elles pourroient faire Pune fur Tautre ne 
feront tranfportes ni aux Indes Orientales, ni 
dans aucune contree Je 1'Afie ou de 1' Afrique, 
mais qu'on leur afiignera en Europe ou en 
Amerique,dans les territoires refpedifs des par- 
ties contracliantes, un fejour fitue dans un air 
fain ; qu'ils ne feront point confines dans des 
cachots, ni dans des prifons, ni dans des vaif- 



C 336 3 

Treatment their paroles within convenient diflricts, and 
ofprifonen, h ave comfortable quarters, and the common 

of war re- j-'r r J 

. men be dilpoled in cantonments open and ex- 
tenfive enough for air and exercife, and lodged 
in barracks as roomly and good as are provi- 
ded by the party in whofe power they are for 
their own troops ; that the officers mail alfo 
be daily furnifhed by the party in whofe power 
they are, with as many rations, and of the 
fame articles and quality as are allowed by 
them, either in kind or by commutation, to 
officers of equal rank in their own army ; and 
all others mail be daily furnifhed by them 
with fuch ration as they allow to a common 
foldier in their own fervice ; the value where- 
of lhall be paid by the other party on a mu- 
tual adjuftment of accounts for the fubfiflence 
of prifoners at the clofe of the war ; and the 
faid accounts mall not be mingled with, or fet 
off againil any others, nor the balances due 
on them, be withheld as a fatisfaction or re- 
prifal for any other article, or for any other 
caufe, real or pretended, whatever ; that each 
party (hall be allowed to keep a commirTary 
of prifoners of their own appointment, with 
every feparate cantonment of prifoners in pof- 
feffion of the other, which commiirary mall fee 
the prifoners as often as he pleafes, mall be 
allowed to receive and diflribute whatever 
comforts may be fent to them by their friends, 
and mall be free to make his reports in open 
letters to thofe who employ him ; but if any of- 
ficer mail break his parole, or any other pri- 
foner (hall efcape from the limits of his can- 
tonment, after they mall have been defignated 
to him, fuch individual officer or other prifon- 
er, mail forfeit fo much of the benefit of this 
article as, provides for his enlargement on pa- 



C 337 3 

feaux de prifon ; qirils ne feront pas mis 
iers, ni garrottes, ni autrementprives de Pufage 
de leurs membres ; que les officiers feront re- 
laches fur leur parole d'honneur, dans 1'en- 
ceinte de certains diftri&s qui leur feront fixes, 
et qu'on leur accordera des logemens com* 
modes ; que les fimples foldats feront diftri- 
bues dans des cantonnemens ouverts, aifez vaftes 
pour prenclre Pair et Pexcercice, et qu'ils fe- 
ront logo's dans des barraques aufli fpatieufes 
et aufli commodes que le font celles des troupes 
de la pimTance au pouvoir delaquelle fe trou- 
vent les prifonniers. Que cette pimTance fera 
pourvoir journellement les officiers d'autant 
de rations, compofees des memes articles et 
de la meme qualite, dont jouiifent en nature 
ou en equivalent, les officiers du meme rang 
qui font a fon propre fervice ; qu'elle fournira 
egalement a tous les autres prifonniers une 
ration pareille a celle qui eft accordee au fol- 
dat de fa propre armee. Le moritant de ces 
depenfes fera paye par 1'autre puiffance, 
d'apres une liquidation de compte a arreter 
reciproquemcnt pour Tentretien des prifon- 
niers a la fin de la guerre ; et ces comptes ne 
feront point confondus ou balances avec d'au* 
tres comptes, ni la folde qui en eft due, rete- 
nue comme compenfation ou reprefailles, pour 
tel autre article ou telle autre pretention reelle 
ou fuppofee. II fera permis a chacune des 
deux puiffances d'entretenir un commiiTaire de 
leurchoix, danschaque cantonnement des pri- 
fonniers qui font au pouvoir de Fautre ; ces 
comraiflaires auront la liberte de vifiter les 
prifonniers, auili fouvcnt qu'ils le defireront ; 
ils pourront egalement recevoir et diftribuer les 
douceurs que les parens ou amis des prifon- 
niers leur feront parvenir. Enlin il leur -fera. 

VOL. II. V 2 



C 338 ] 

role or cantonment. And it is declared, that 
neither the pretence that war diffolves all trea- 
ties, nor any other whatever, fhall be confider- 
ed as annulling or fufpending this and the 
next preceding article ; but, on the contrary, 
that the flate of war is precifeiy that for which 
they are provided, and during which they are 
to be as facredly obferved as the moft acknow- 
ledged articles in the law of nature or nations. 



na 
lion. 



ARTICLE XXV. 

The two contracting parties grant to each 
other the liberty of having each in the ports of 
Confuis, tne other, confuls, vice-confuls, agents and 
aifiwecnn Commn ^ ar i es of their own appointment, whofe 
the portsof functions mall be regulated by particular 
agreement whenever either party fhall chufe 
to make fuch appointment ; but if any fuch 
confuls fhall exercife commerce, they fhall be 
fubmitted to the fame laws and ufages to which 
the private individuals of their nation are fub- 
rm'tted in the fame place. 

ARTICLE XXVI. 

All favors Tr . , n ,, 1 r 

granted to i either party mall hereafter grant to any 

another na- other nation, any particular favour in naviga- 
tion by one . n 11 Tii & 

party fliaii tion or commerce, it mail immediately become 
become common to the other party, freely, where it 

common to . r , . r i '* 

the other, is freely granted, to fuch other nation, or on 



{ 339 ] 

libre encore de faire leurs rapports par lettres 
ouvertes, a ceux qui les employent; mais fi un 
officier manquoit a fa parole d'honneur, ou 
qu'un autre prifonnier for tit des limites qui 
auront ete fixees a fon cantonnement, un tel 
officier ou un autre prifonnier fera fruftre in- 
dividuellement des avantages ftipules dans 
cet article, pour fa relaxation fur parole d'hon- 
neur ou pour fon cantonnement. Les deux 
puiflances contraftantes ont declare en outre, 
que, ni le pretexte que la guerre rompt les 
traites, ni tel autre motif quelconque, ne fe- 
ront cenfes annuller ou fufpendre cet article et 
le precedent ; mais qu'au contraire le temps 
de la guerre eft precifement celui pour lequel 
ils ont ete ftipules, et durant lequel ils feront 
obferves aufli faintement que les articles les 
plus univerfellement reconnus par le droit de 
la nature et des gens. 

ARTICLE XXV. 

Les deux parties contra&antes fe font ac- 
corde mutuellement la faculte de tenir dans 
leurs ports refpeftifs, des confuls, vice-confuls, 
agens et commiflaires de leur choix et dont les 
fon&ions feront deterrainees par un arrange- 
ment particulier, lorfque Tune des deux puif- 
fances aura nomme a ces poftes. Mais dans le 
cas que tel, ou autre de ces confuls, veuille 
faire le commerce, il fera foumis aux memes 
loix et ufages, aux-quels font foumis les par- 
ticuliers de fa nation a 1'endroit ouil refide* 

ARTICLE XXVI. 

Lorfque Tune des deux parties contra&antes 
accordera dans la fuite quelque faveur parti- 
culiere en fait de navigation ou de commerce 
a d'autres nations, elle deviendra auffitot com- 
mune a Tautre partie contractante, et celle-ci 



C 340 ] 

yielding the compenfation where fuch nation 
does the fame. 

ARTICLE XXVII. 

His Majefly the King of Pruflia, and the 
United States of America, agree, that this 
Duration of treaty mall be in force during the term of ten 
years from the exchange of ratifications ; and 
if the expiration of that term mould happen 
during the courfe of a war between them, 
then the articles before provided for the regula- 
tion of their conduct during fuch a war, mail con- 
tinue in force until the conclufion of the treaty 
which mail re-eftablifli peace ; and that this 
treaty mall be ratified on both fides, and the 
ratifications exchanged within one year from 
the day of its fignature. 

* 

In tejlimony 'whereof, the Plenipotentiaries be- 
fore mentioned, have hereto fubfcribed their 
names, and affixed their fe ah, at the places 
of their refpecJive refidence, and at the, dates 
expreffid under their federal fignatures. 

F. G. DE THULEMEIER. (L. s.) 
A la Haye le i o Septembre, 1785. 

JOHN ADAMS. (L. s.) 

London , Auguft 5, 1785. 

B. FRANKLIN. (L. s.) 

Pa/y,Julyg, 1785. 

TH. JEFFERSON. (L. s.) 

Paris, July 28, 1785. 



[ 34i 

jouira de cette faveur, gratiutement, fi la con- 
cefiion eft gratuite, ou en accordant la meme 
corapenfation fi la conceflion eft conditionelle. 

ARTICLE XXVII. 

Sa Majefte le Roi de Prune et les Etat 
Unis de 1' Amerique font convenus que le pr 
fent traite aura fon plein effet pendant 1'efpa 
de dix ans a compter du jour de Techange c 
ratifications, et qtie fi i'expiration de ce ter 
r.rrivoit dans le eburs d'une guerre entre e 
les articles ci-deilus ftipules pour reglerl^. 
conduite en temps de guerre, conferverom 
toute leur force, jufqu' a la conclufion du 
traite qui retablira la paix. Le prefent traite 
fera ratine de part et d'autre, et les ratifica- 
tions fercntechangees, dans Tefpace d'une an- 
nee, a compter du jour de la fignature. 

En foi de quoi les Plenipotentiaires fits nommcs 
ont figne le prefent traite et y ont appose le 
cachet de /curs arnies^ aux lieux de leur do- 
micile refpctlif) alnfi qu'il fera exprime ci- 
dejfous. 

F. G. DE THULEMEIER. (L. s.) 
A la Haye le 10 Septcmbre, 1785. 

JOHN ADAMS. (L. s.) 

London, Auguft 5, 1785. 

B. FRANKLIN. (L. s.) 

Pfy> J ul y^ 1 785- 
TH. JEFFERSON. (L. s.) 
Paris 9 July 28, 1785. 



u 

Duration of j- 

ike treaty. 



it 

dur 



Articles of a Treaty 

BETWEEN THE 

UNITED STATES OF AMERICA, 

AND THE 

HEAD-MEN AND WARRIORS 

OF THE 

CHEROKEE S. 



ORIGINAL. 



ARTICLES 

Concluded at Hopewell, on the Keoivee, between 
Benjamin Hawkins, Andrew Pickens, Jo- 
feph Martin, and Lachlan M'Intofh, Com- 
mijfioncrs Plenipotentiary of the United States 
of America, of the one Part^ and the Head- 
Men and Warriors of all the fCherokees of 
the other. 

THE Commiflioners Plenipotentiary of the 
United States, in Congrefs affembled, 
give peace to all the Cherokees, and receive 
them into the favour and protection of the 
United States of America, on the following 
conditions : 

ARTICLE I. 

The Head-Men and Warriors of all the Che- 
rokees lliall reftore all the prifoners, citizens Ir 
of the United States, or fubjecls of their al- " 
lies, to their entire liberty : They fhall alfo 
reftore all the Negroes, and all other proper- 
ty taken during the late war from the citizens, 
to fuch perfon, and at fuch time and place, as 
the CommiiTioners'fhall appoint. 



C 344 ] 



United 
States to 
re;tor ? all 
priiQiicrs. 



Cherokees 
acknow- 
ledge pro- 
tection of 



Boundaries 



ARTICLE II. 

The CommiffioRers of the United States in 
Congrefs afTembled, fhall reft ore all the pri- 
fonefs taken from the Indians, during the late 
war, to the Head-Men and Warriors of the 
Cherokees, as early as is practicable, 
ARTICLE III. 

The faid Indians for themfelves and their 
refpeclive tribes and towns do acknowledge all 
the Cherokees to be under the protection of 
the United States of America, and of no other 
fovereign whofoever. 

ARTICLE IV. 

The boundary allotted to the .Cherokees 
for their hunting grounds, between the laid 
Indians and the citizens of the United States, 
within the limits of the United States of Ame- 
rica, is, and fhall be the following, viz. Begin- 
ning at the mouth of Duck river, on the Te- 
nellee ; thence running north- earl to the ridge 
dividing the waters running into Cumberland 
from thofe running into the Teneflee ; thence 
eaftwardly along the faid ridge to a north- 
eafl line to be run, which fhall ftrike the ri- 
ver Cumberland forty miles above Nafhville ; 
thence along the faid line to the river ; thence* 
up the faid river to the ford where the Ken- 
tucky road croffes the river ; thence to Camp- 
bell's line, near Cumberland gap ; thence to 
the mouth of Claud's creek on Holftein ; 
thence to the Chimney-top mountain ; thence 
to Camp-creek, near the mouth of Big Lirne- 
Itone, on Nolichuckey ; thence a foutherly 
courfe fix miles to a mountain ; thence fouth 
to the North-Carolina line ; thence to the 
South-Carolina Indian boundary, and along 
the fame fouth-weft over the top of the Oco- 
mountain till it fhall ftrike Tngnb river -? 



citizen 



C 345 ] 

thence a direct line to the top of the Currohee 
mountain ; thence to the head of the fouth 
fork of Oconee river. 

ARTICLE V. 

If any citizen of the United States, or other No 
peribn not being an Indian, fhall attempt to of u. s. to 
fettle on any of the lands weftward or fouth- di^fc 
ward of the faid boundary which are hereby al- 
lotted to the Indians for their hunting grounds, 
or having already fettled and will not remove 
from the fame within fix months after the ra- 
tification of this treaty, fuch perfon fhall for- 
feit the protection of the United States, and 
the Indians may punifh him or not as they 
pleafe : Provided neverthelefs, That this arti- 
cle fhall not extend to the people fettled be- 
tween the fork of French Broad and Holftein 
rivers, whofe particular fituation fhall be tranf- 
mitted to the United States in Congrefs affem- 
bled for their decifion thereon, which the In- 
dians agree to abide by. 

ARTICLE VI. 

If any Indian or Indians, or perfon reft ding In a ians ro 
among them, or who fhall take refuge in their deliver up 
nation, fhall commit a robbery, or murder, or C1 
other capital crime, on any citizen of the Uni- 
ted States, or perfon under their protection, 
the nation, or the tribe to which fuch offender 
or offenders may belong, fhall be bound to 
deliver him or them up to be punifhcd accord- 
ing to the ordinances of the United States : 
Provided, that the punifhment fhall not be 
greater than if the robbery or murder, or other 
capital crime had been committed by a citizen 
on a citizen. 

ARTICLE VII. 

If any citizen of the United States, or per- 
fon under their protection, fhall commit a rob- 

VOL. II. X G 



[ 346 ] 

citizens of bery or murder, or other capital crime, on any 
" 1 " Indian, fuch offender or offenders {hall be pu- 

In n ^ e( ^ m tne & mG manncr as ^ tne HlUrder Or 

as t n be robbery, or other capital crime, had been com- 
puniihed. mittedon acitizen of the United States; and the 
puniftiment mail be in prefence of fome of 
the Cherokees, if any mall attend at the time 
and place, and that they may have an oppor- 
tunity fo to do, due notice of the time of fuch 
intended punifhment mall be fent to fome one 
of the tribes. 

ARTICLE VIII. 

It is underitood that the punifhment of the 

Retaliation innocent under the idea of retaliation, is un- 

' juft, and mail not be pradtifed on either fide, 

except where there is a manifeft violation of 

this treaty ; and then it {hall be preceded firft 

by a demand of juitice, and if refufed, then by 

a declaration of hoftilities. 

ARTICLE IX. 
u. states to For the benefit and comfort of the Indians, 

regulate j r v r r 

trade. an d for the prevention or injuries or opprel- 
fions on the part of the citizens or Indians, the 
United States in Congrefs aflembled mall have 
the fole and exclufive right of regulating the 
trade with the Indians, and managing all their 
affairs in fuch manner as they think proper. 

ARTICLE X. 

Until the pleafure of Congrefs be known, 
for trade, rcfpecling the ninth article, all traders, citi- 
zens . of the United States, {hall have liberty 
to go to any of the tribes or towns of the Che- 
rokees to trade with them, and they {hall be 
protected in their perfons and property, and 
kindly treated. 

ARTICLE XL 

The faid Indians mall give notice to the ci- 
tizens of the United States, of any defigns 



C ' 347 ] 
which they mav know or fufpecl to be formed r . ndlans ? 

J . , . J MI r g ive notice 

in any neighbouring tribe, or by any perion O fdcfigns 
whofoever, againft the peace, trade or intereft -g ainft tf- 

r*i TT j o States. 

of the United States. 

ARTICLE XII. 

That the Indians may have full confidence ^ a " e nd 
in the juftice of the United States, refpecting deputy to 
their interefts, they mall have the right to fend Cou s refs - 
a deputy of their choice, whenever they think 
fit, to Congrefs. 

ARTICLE XIII. 

The hatchet mall be forever buried, and the Peace and 
peace given by the United States, and friend- friemifnip 
{hip re-eftablifhed between the faid dates on P e n? etua! - 
the one part, and all the Cherokees on the o- 
ther, mail be univerfal ; and the contracting 
parties mail ufe their utmoft endeavours to 
maintain the peace giyen as aforefaid, and 
friendmip re^eftablilhed. 

IN WITNESS of all and every thing herein 
determined, between the United States of 
America, and all the Cherokees, We, their 
underwritten Commiflioners, by virtue of 
our full powers, have figned this definitive 
treaty, and have caufed our feals to be here- 
unto affixed. 

DONE at Hope-well, on the Keoivee, ibis 
twenty-eighth of November, in the year 
of our Lord one thoufand feven hundred 
and eighty-five. 

Benjamin Hawkins^ (L.S.) 

Andw. Pickens, (L.S.} 

Jos. Martin, (L.S.) 

LacVn M'IntoJh, (L. s.} 
Koatohee, or Corn TafTel 

of Toquo, his H mark. (L. s.J 



C 348 ] 

Scholauetta, or Hanging Man 

ofChota, his X mark. (L.S.} 

Tujkegatahu, or Long Fellow 

ofChiftohoe, his Jxj mark. (L.S.} 

Oq/kwha, or Abraham 

ofChilkowa, his M mark. (L.S.) 

Kolakujla^ or Prince 

ofNoth, his W mark. (L.S.} 

Neivota, or The Gritzs 

of Chicamaga, his M mark. (L.S.} 

Konaiota, or the Rifmg Fawn 

of Highwaflay, his ^ mark. (L.S.} 

Tuckafee^ or Young Tarrapin 

ofAllajoy, his M mark. (L.S.} 

Tooftaka, or the Waker 

of Ooftanawa, his >^ mark. (L.S.} 

Untoola^ or Gun Rod 

ofSeteco, his M mark. (L.S.} 

Vnfuokanall, Buffalo White Calf 

New Cuflee, his M mark. (L.S.} 

Koftayeak^ or 

Sharp Fellow Wataga, his ^ mark. (L.S.} 
Chono/ia, of Cowe, his M mark. (L.S.} 

Cbefeoonwho, Bird in elofe 

ofTomotlug, his Jx} mark. (L.S.} 

Tttckafee, or Tarrapin 

ofHightowa, his {x^ mark. (L.S.} 

Chefetoa, or the Rabbit 

ofTlacoa, his H mark. (L.S.} 

Chefecotetona, or Yellow Bird 

of the Pine Log, his X mark. (L. s.} 

Sketalofta, Second Man 

ofTillico, his><|mark. (L.S.} 

Chokafatahe, Chickafaw 

Killer Tafonta, his H mark. (L.S.) 

Onanoota, of Koofoatee, his M mark. (L.S.) 
Ookofeta, or Sower Muih 

of Kooloqvie, hisM mark. (&. s.) 



C 349 ] 

Umatooetba, the Water Hunter, 

Choikamawga, his X mark. (L.S.) 
Wyuka, 

of Lookout Mountain his ^ mark. (L. s. ) 
Title o, or Tom of Chatuga, his ><| mark. (L. s.) 

Will, of Akoha, his {x} mark. ( L. s.) 

Nccatec, of Sawta, his X mark. (L. s. ) 

Amokontakona, Kutcloa, his X mark. (L. s. ) 
Kowetatabee-i in 

Frog-Town, hisX mark. (L. s.) 

Kcukuch, Talkoa, his><^ mark. (L. s.) 

Tiilatifia, of Chaway, his ><! mark. (L.S.) 
Wooaluka, the Way-layer, 

. Chota, his M mark. (L. s.) 
Tatliufta, or Porpus 

ofTilaffi, his M mark. (L. s.) 

John, of Little Tallico, his X mark. (L.S.) 

Skelelakj his X mark. (L.S.) 

Akonolucbta, the Cabin, his 1*1 mark. ( z. s. ) 

Chcanoka, of Kawetakac, hisM mark. (L. s.) 

Tellow Bird, hisjxjmark. (L.S.) 

WITNESS : Wm. Blount. Saml. Taylor, 
Major. John Owen. Jefs Walton. Jno. Cow- 
an, Capt. Commandant. Thos. Gegg. W. 
Hazzard. Sworn Interpreters, James Madifon, 
Arthur Coodev. 



Articles of a Treaty 

BETWEEN THE 

UNITED STATES OF AMERICA, 

AND THE 

CHOCTAW NATION. 



ORIGINAL. 



ARTICLES OF A TREATY 

Concluded at Hopewell, on the Keowee, near 
Seneca Old Town, between Benjamin Haw- 
kins, Andrew Pickens and Jofeph Martin, 
Commiffioners Plenipotentiary of the United 
States 0/*America, of the one part ; andYock- 
onahoma, great Medal Chief of Soonacoha ; 
Yockahoopoie, leading Chief of Bugtoogoloo ; 
Mingohoopoie, leading Chief of Hafhooqua ; 
Tobocoh, great Medal Chief of Congetoo ; 
Poofhemaftubie, Gorget Captain ofScnayaxo ; 
and thirteen fmall Medal Chiefs of the fir (I 
Clafs, twelve Medal and Gorget C apt aim > 
Commiffloners Plenipotentiary of all the Choc- 
taw Nation, of the other part* 

THE Commiffioners Plenipotentiary of the 
United States of America give peace to 
all the Cho&aw nation, and receive them into 
the favour and protection of the United States 
of America, on the following conditions* 

ARTICLE I. 

The Commiflioners Plenipotentiary of all Indians 
the Choftaw nation, fliall reftore all the pri- 



C 352 3 

foners, citizens of the United States, or fab- 
jects of their allies, to their entire liberty, if 
any there be in the Choftaw nation. They 
fhall alfo rellore all the negroes, and all other 
property taken during the late war, from the 
citizens, to fuch perfon, and at fuch time and 
place as theCommiffioners of the United States 
of America fhall appoint, if any there be in 
the Cha&aw nation. 

ARTICLE II. 

They ac- The Commiffioners Plenipotentiary of all 

protSn the cho & aw nation, do hereby acknowledge 

f u", s. the tribes and towns of the faid nation, and 

the lands with the boundary allotted to the 

faid Indians to live and hunt on, as mentioned 

in the third article, to be under the protection 

of the United States of America, and of no 

other fovereign whofoever. 

ARTICLE III. 

Boundaries. The boundary of the lands hereby allotted 
to the Choclaw nation to live and hunt on, 
within the limits of the United States of 
America, is and fhall be the following, viz. 
Beginning at a point on the thirty- fir ft degree 
of north latitude, where the Eaftern boundary 
of the Natches dillricl mall touch the fame ; 
thence eaft along the laid thirty-firft degree 
of north latitude, being the fouthe'rn boundary 
of the United States of America, until it fhall 
ftrike the eaftern boundary of the lands on 
which the Indians of the faid nation did live 
and hunt on the twenty-ninth of November, 
one thoufand feven hundred and eighty-two, 
while they were under the protection of the 
King of Great-Britain; thence northerly along 
the faid eaftern boundary, until it fhall meet 
the northern boundary of the faid lands j 
thence wefterly along the faid northern boun- 



L 353 I 

dary, until it fliall meet the weftern boundary 
thereof; thence foutherly along the fame to 
the beginning : faving and refer ving for the 
eftablifhment of trading pods, three trails or 
parcels of land of fix miles fquare each, at 
fuch places as the United States in Congrefs 
aifsmbled mall think proper ; which polls, and 
the lands annexed to them, mall be to the ufe 
and under the government of the United 
States of America. 

ARTICLE IV. 

If any citizen of the United States, or other NO citizen 
perfon not being an Indian, fliall attempt to " f United . 

f r b 1111-1 11 j * tatcs 

fettle on any or the lands hereby allotted to fhaii fettle 
the Indians to live and hunt on, fuch perfon J^ 1 " 11 *" 
mall forfeit the protection of the United States 
of America, and the Indians may punifh him 
or not as they pleafe. 

ARTICLE V. 

If any Indian or Indians, or perfons, refid- Indians to 
ing among* them, or who mall take refuge in deliver up 

i_ . . n it 11 criminals. 

their nation, mall commit a robbery or mur- 
der or other capital crime on any citizen of the 
United States of America, or perfon under 
their protection, the tribe to which fuch offen- 
der may belong, or the nation, mall be bound 
to deliver him or them up to be punifhed ac- 
cording to the ordinances of the United States 
in Congrefs afferabled : Provided, that the pu- 
nifhment mail not be greater than if the rob- 
bery or murder, or other capital crime, had 
been committed by a citizen on a citizen. 
ARTICLE VI. 

If any citizen of the United States of Ame- citizens of 
rica, or perfon under their protection, fliall ^: n con 
commit a robbery or murder, or other capital crimesV 
crime, on any Indian, fuch offender or offend- kn?to tit 
crs mall be punifhed in the fame manner as if 

VOL. II. Y 2 



C 354 1 

the robbery or murder, or other capital 
had been committed on a citizen of the United 1 
States of America ; and the punimment mall- 
be in prefence of fome of the Choftaws, if any 
\vill attend at the time and place; and that they 
may have an opportunity fo to do, due notice, 
if practicable, of the time of fuch intended pu- 
nimment, fhall be fent to feme one of the tribes. 

ARTICLE VIL 

Retaliation ft f s underflood that the punimment of the 

cftraiiiea. . i i j r v 

innocent, under the idea ot retaliation, is un- 
Jufl, and mall not be practifed on either fide, 
except where there is a manifeft violation of 
this treaty ; and then it mail be preceded, fir ft 
by a demand of juftice, and if refufed, then by 
a declaration of hiftilitres. 

ARTICLE VIII. 

For the benefit and comfort of the Indians, 

ti. states and for the prevention of injuries or opprei- 

to regulate f 1O ns on the part of the citizens or Indians,, 

the United States in Congrefs afTcmblcd, fliall 

have the fole and exclufive right of regulating 

the trade with the Indians, and managing all 

their affairs in fuch manner as they think. 

proper* 

ARTICLE IX, 

special Until the pleafure of Congrefs bq known, 

provision refpeding the eighth article, all traders, citi- 
for trade. zells of lhe Un j ted States Q f America, mail 

have liberty to go to any of the tribes or to\vns 
of the Choclaws, to trade with them, and they 
mail be protecled in their perfons and proper- 
ty, and kindly treated. 

ARTICLE X. 

!?TC notice The faid Indians fliall give notice to the ci 
>f a-nffu ^ zens or ' tne United States of America, of any 
' defigns which they may know or iufpeftto.be- 



t 355 1 

farmed in any neighbouring tribe, or by any 
perfon whofoever, againft the peace, trade or 
intereft of the United States of America. 

ARTICLE XL 

The hatchet flrall be fof ever buried, and the p ea ce and 
peace given by the United States of America, fri dflii.p 
and friendfhip re-eftablifhed between the faid perj?et 
ilates on the one part, and all the Choclaw na- 
tion on the other part, {hall be univerfal; and^ 
the contracting parties fliall ufe their lUrnofl 
endeavours to maintain the peace given as 
aforefaid, and rViendihip re-eftablifhed. 

IN WITNESS of all and every thing herein 
determined, between the United States of 
America and all the Cho&aws, we, their un- 
derwritten Commiilioners, by virtue of our 
full powers, have figned this definitive trea- 
ty, and have caufed our feals to be hereun- 
to affixed. 

DONE at Hop ewe II y on the Keowee, this 
third day of 'January, in the year of our 
Lord one tbzufand feven hundred and 
eighty-fix. 

Benjamin Hawkins , (L. s.) 

Andrew Pick ens , (L. s.) 

Jos. Martin, (L. s.) 

1L ockenaboma^ his H mark. (L. s.) 

Tockehoopoie, his X mark. (L. s.) 

Mingobwp&ie, his M mark, (i,, s.) 

Tvbocvh, his M mark. (L. s.) 

P%9Jbemafbtbj) his |x| mark. (L. s.) 

Poofhahooina, his M mark. (L. s.) 

Tufcoonoohoopoie, his X mark. (L. s.) 

Shinjhemajiuby, his M mark. (L. s.) 

Tospahooma, his ^ mark. (L. s.) 

, his M mark. (L. s.) 



C 



Tebakuhbay^ 
Poojhemqftubv-) 
Tufkkahoomocb ^ 
^Tufhkahoom och, 
Yooftenochha, 



*Toobenohoomoch 9 

CJhecoopoohoomoch, 

Stonakoohoopoie, 

Tzifhkoheegohta^ 

Ye/huh enoch loch, 

Poo/honaltlci) 

Qkanconnooba^ 

Autoonachuba, 

Pangekoolocb, 

Steabee^ 

Tenetebenna, 



his M mark* 


(L. s.) 


his )xj mark. 


(L. s.) 


his X mark. 


(L. S.) 


his r^ mark. 


(L. S.) 


his >^ mark. 


(L. S.) 


his M mark. 


(L. S.) 


his >^ mark. 


(L. S.) 


his |xj mark. 


(L. S.) 


his j*3 mark. 


(L. S.) 


his M mark. 


(L. S.) 


his {x{ mark. 


(L. S.) 


his H mark. 


(L. S.) 


his xj mark. 


(L. S.) 


his ><j mark. 


(L. S.) 


his jx| mark. 


(L. S.) 


his ><! mark. 


(L. S.) 


his M mark. 


(L..S.) 


his ><} mark. 


(L. S.) 


his ><j mark. 


(L. S.) 


his H mark. 


(L. S.) 


his ^<j mark. 


(L. S.) 



CJhnaangchabba* 
Cunnopoie, 

WITNESS : Wm. Blount, John Woods, 
Saml. Taylor, Robert Anderfon, Benj. Law. 
ranee, John Pitchlynn, James Cole, Inter-* 
preters. 



Articles of a Treaty 

BETWEEN THE 

UNITED STATES OF AMERICA, 

AND THE 

CHICKASAWS. 



ORIGINAL. 



ARTICLES OF A TREATY, 

Concluded at Hopewell, on the Keowee, near 
Seneca Old Town, between Benjamin Haw- 
kins, Andrew Pickens, and Jofeph Martin, 
Commiffioners Plenipotentiary of the United 
States of America, of the one Part; and Pio- 
jningo, Head Warrior and Firft Minifler of 
the Chickafaw Nation; Mingatufhka,0 of the 
leading Chiefs ; and Latopoia, firft beloved 
Man of the f aid Nation, Commiffioners Plenipo- 
tentiary of all the Chickafaws of the other Part. 

THE Commiffioners Plenipotentiary of the 
United States of America give peace to 
the Chickafaw Nation, and receive them into 
the favour and protection of the faid States, on 
the following conditions. 

ARTICLE I. 

The Commiflioners Plenipotentiary of the 
Chickafaw nation, (hall reftore all the prifon- Indians t 
ers, citizens of the United States, to their en- ^ e ' lore P - 

MI T i i ^,1 i r fonersand 

tire liberty, if any there be in the Chickafaw pr 
nation. They (hall alfo reftore all the negroes, 
and all other property taken during the late 
war, from the citizens $ if any there be in the 



C 358 3 

Chickafaw nation, to fuch perfon, and at fuch 
time and place, as the Commiffioners of the 
United States of America {hall appoint. 

ARTICLE II. 

The CornmifTioners Plenipotentiary of the 
eorTof" Chickafaws, do hereby acknowledge the tribes 
u. s. and the towns of the Chickafaw nation, to be 
under the protection of the United States of 
America^, and of no other fovereign whofoever. 

ARTICLE III. 

The boundary of the lands hereby allotted 
rk*T da ~ to tne Chickafaw nation to live and hunt on, 
within the limits of the United States of Ame- 
rica, is, and mall be the following, viz. Begin- 
ning on the ridge that divides the waters run- 
ning into the Cumberland, from thofe running 
into the Teneflee, at a point in a line to be run 
iiorth-eaft, which (hall ftrike the Tenefiee, at 
the mouth of Duck river; thence running weft- 
erly along the faid ridge, till it {hall ftrike the 
Ohio ; thence down the fouthern banks thereof 
to theMimTippi,; thence down the fame, to the 
Choftaw line of Natches diftricl:; thence along 
thVfaid line, or the line of the diftricl: eaftwardly 
as far as the Chickafaws claimed, and lived and 
hunted on, the twenty-ninth of November, 
one thoufand feven hundred and eighty-two. 
Thence the faid boundary, eaftwardly, mall be 
the lands allotted to the Cho&aws arid Chero- 
kees to live and hunt on, and the lands at pre- 
fentin the poiTeflion of the Creeks; faving and 
referving for the eftablifhment of a trading poft, 
a. traft or parcel of land to be laid out at the 
lower poft of the Mufcle moals, at the mouth 
of Ocochappo, in a circle, the diameter of 
which mall be five miles on the * river, 

which poft, and the lands annexed thereto ? fhaU 

* The name of the Rivet not in the original, 



L 359 1 

be to the ufe and under the government of the 
United States of America. 

ARTICLE IV. 

If any citizen of the United States, or other 
peribn not being an Indian, fhall attempt to j 
fettle on any of the lands hereby allotted to on 
the Chickafaws to live and hunt on, fuch per- lands> 
fon mall forfeit the protection of the United 
States of America, and the Chickafaws may 
puniili him or not as they pleafe. 
ARTICLE V. 

If any Indian or Indians, or perfons refidmg 
among them, or who {hall take refuge in their jf^*J* 
nation, mail commit a robbery or murder, or criminals* 
other capital crime, on any citizen of the Uni- 
ted States, or perfon under their protection, 
the tribe to which fuch offender or offenders 
may belong, or the nation, fhall be bound to 
deliver him or them up to be punifhed accor- 
ing to the ordinances of the United States in 
Congrefs affembled : Provided, that the pu- 
nifhment (hall not be greater, than if the rob- 
bery or murder, or other capital crime, had 
been committed by a citizen on a citizen. 
ARTICLE VI. 

If any citizen of the United States of CJt :^ n8 of 
America, or perfon under their proteftion, u. . s. com- 
ihall commit a robbery or murder, or other 
capital crime, on any Indian, fuch offender or 
oilenders ihall be punifhed in the fame man- 
ner as If the robbery or murder or other capi- 
tal crime had been committed on a citizen of 
the United States of America ; and the pu- 
niihment mail be in prefence of fome of the 
Chickafaws, if any will attend at the time and 
place, and that they may have an opportunity 
fo to do, due notice, if practicable, of fuch in- 
tended punifhment, (hall be fent to forae on,e 
of the tribes* 



c 36 



U. States to 

yegulate 

trade. 



ARTICLE VII. 

It is underftood that the punifhment of the 
Retaliation innocent under the idea of retaliation is unjuft, 
an j ^^j ^ ot ^ e p ra c~tifed on either fide, except 
where there is a manifeft violation of this trea- 
ty ; and then it fliall be preceded, firlfc by a de- 
mand of juftice, and if refufed, then by a de- 
claration of hoftiiities. 

ARTICLE VIII. 

For the benefit and comfort of the Indians, 
and for the prevention of injuries or oppref- 
fions on the part of the citizens or Indians, the 
United States in Congrefs aflembled mall have 
the fole and excluiive right of regulating the 
trade with the Indians, and managing all their 
affairs in fuch manner as they think proper. 

ARTICLE IX. 

Until the pleafure of Congrefs be known 
refpecling the eighth article, all traders, citi- 
zens of the United States, (hall have liberty to 
go to any of the tribes or towns of the Chicka- 
faws to trade with them, and they mall be pro- 
tected in their perfons and property, and kind- 
ly treated. 

ARTICLE X. 

The faid Indians fhall give notice to the ci- 
tizens of the United States cf America, of 
any defigns which they may know or fufpecl to 
be formed in any neighbouring tribe, or by 
any perfon whofoever, againft the peace, trade 
or interefts of the United States of America. 

ARTICLE XL 

The hatchet mail be forever buried, and the 
peace given by the United States of America, 
perpetual. an j friendfhip re-eftablimed between the faid 
States on the one part, and the Chickafaw na- 
tion on the other part, fliall be univerfalj and 



Special 
pro vi (ion 
for trade. 



Indians to 

give notice 
of deiigns 
again (t U. 
States. 






U 3i ] 

the contracting parties fhall ufe their utmoft 
endeavours to maintain the peace given as 
aforefaid, and friendship re-eftablifhed. 

IN WITNESS of all and every thing here- 
in contained, between the faid States and 
Chickafaws, we, their under-written Com- 
miflioners, by virtue of our full powers, 
have figned this definitive treaty, and 
have caufed our feals to be hereunto af- 
fixed. 

DONE at Hopewell, on the Keovuee, this 
tenth day of 'January, in the Tear of our 
Lord, one thoufand feven hundred and 
eighty-fix. 

Benjamin Hawkins, (L. s.) 

Andw. Pickens, (L. s.) 

Jos. Martin, (z. 5.) 

Piomingo, his M mark. (z. s.) 

Mingatufhka, his |x} mark. (z. s.) 

Latofoia, his {xj mark. (z. s.} 

Witnefs : Win. Blount, Wm. Hazzard, 
Sam. Taylor. James Cole, Sworn Interpreter, 



VOL. II. Z 2 



Articles of a Treaty 

BETWEEN THE 

UNITED STATES OF AMERICA, 

AND THE 

CHIEFS AND WARRIORS 

OF THE 

SHAWANOE NATION. 



ORIGINAL. 



ARTICLES OF A TREATY 

Concluded at the Mouth of the Great Miami, 
on the North-weftern Bank of the Ohio, the 
thirty-firft day of January, one thoufand fe- 
<ven hundred and eighty-fix, between the Com- 
mijfioners Plenipotentiary of the United States 
of America, of the one Part, and the Chiefs 
and Warriors of the Shawanoe Nation, of 
the other Part. 

ARTICLE I. 

THREE hoftages fliall be immediately de- Hoftages 
livered to the Commiffioners, to remain delivered 
in the poffeffion of the United States until all 
the prifoners, white and black, taken in the 
late war from among the citizens of the United 
States, by the Shawanoe nation, or by any 
other Indian or Indians refiding in their towns, 
fhall be reilored. 

ARTICLE II. 

The Shawanoe nation do acknowledge the 
United Stales to be the folc and abfglute fore* 



C 3^4 3 



u.s.toter- reigns of all the territory ceded to them by a 

de7b y ce " treaty of peace, made between them and the 

Great. King of Great- Britain, the fourteenth day of 

un * January, one thoufand feven hundred and 

eighty-four. 

ARTICLE III. 

TO deliver ^ an l Indian or Indians of the Shawanoe 
UP crimi- nation, or any other Indian or Indians refiding 
in their towns, mail commit murder or rob- 
bery on, or do any injury to the citizens of the 
United States, or any of them, that nation 
{hall deliver fuch offender or offenders to the 
officer commanding the nearefl poft of the 
United States, to be punifhed according to the 
ordinances of Congrefs; and in like manner, 
any citizen of the United States, who mall do 
an injury to any Indian of the Shawanoe na- 
tion, or to any other Indian or Indians refiding 
in their towns, and under their protection, 
fhall be punifhed according to the laws of the 
United States. 

ARTICLE IV. 

TO give The Shawanoe nation having knowledge of 
^ c intention of any nation or body of Indians 
to make war on the citizens of the United 

u. sutes. States, or of their counfelling together for that 
purpofe, and neglecting to give information 
thereof to the commanding officer of the near- 
^ eft poft of the United States, fhall be confi- 
dered as parties in fuch war, and be punifhed 
accordingly: and the United States fhall in 
like manner inform the Shawanoes of any in- 
jury defigned againft them. 

ARTICLE V. 

peace S to C r ^ le United States do grant peace to the 
the shawa- Shawanoe nation, and do receive them into 
SSL*** their friendflup and protection. 



C 3*5 ] 

ARTICLE VI. 

The United States do allot to the Shawanoe A Uot to 
nation, lands within their territory to live and th . em ccr - 
hunt upon, beginning at the fouth line of the tam la 
lands allotted to the Wiandots and Delaware 
nations, at the place where the main branch 
of the Great Miami, which falls into the Ohio, 
interfects faid line; then down the river Miami, 
to the fork of that river, next below the old 
fort which was taken by the French in one 
thoufand feven hundred and fifty-two ; thence 
due weft to the river de la Panfe; then down 
that river to the river Wabafh, beyond which 
lines none of the citizens of the United States 
mall fettle, nor difturb the Shawanoes in their 
fettlement and polleflions ; and the Shawanoes 
do relinquidi to the United States, all title, 
or pretence of title, they ever had to the lands' 
eaft, weft and fouth, of the eaft, well and 
fouth lines before defcribed. 

ARTICLE VIL 

If any citizen or citizens of the United No ^^ 
States, mail prefume to fettle upon the lands of u. s. tr 
allotted to the Shawanoes by this treaty, he 
or they mail be put out of the protection of the 
United States. 

IN TESTIMONY whereof, the parties 
hereunto have affixed their hands and 
feals, the day and year nrft above-men- 
tioned. 

G. Clark, (L. s,) 

Richard Butler , (L. s.) 

Saml. H. Parfons, (i- s -> 

Aweecony, his M mark. (L. s.) 

Kak&wipilathy 9 his M mark. (L. s.) 

Malunthy^ . his M mark. (L. s.) 

his M mark. (L. s.) 



C 366 ] 

Meanymfecah, his M mark. (L. s.) 

Waupaucowela, his X mark. (L. s.) 

Nihipeeiva, his M mark. (L. s.) 

Nihinejflcoe, his M mark. (L. s.) 

Attefl: Alexander Campbell, Sec'ry Commif- 
fioners. 

WITNESSES: 
W. Finney, Maj. B. B. 
Thos. Doyle, Capt. B. B. 
Nathan M'Doivell, Enfign. 
yohn Saffenger, 
Henry Govy, 

Kagy Galloway , his M mark* 
John Boggs, 
Sam. Montgomery, 
Daniel Elliot, 
James Rinker i 
Nathl. Smith, 
Jofeph Suffrein, his >< mark, or Kemepemo 

Shawno. 

Ifaac Zone, (Wiandot) his Xmark. 

The Half King of the Wiandots, ? M , . , 
The Crane of the Wiandots, \ S theirmarks ' 
Capt. Pipe, of the Delawares, his M mark. 
Capt. Eohongehelas, his M mark. 

Tetebockfbieka, his M mark. 

yX^ Big Cat of the Delawares, his X mark. 
Pierre Droul/ar. 






TREATY 

O F 

PEACE AND FRIENDSHIP 

BETWEEN THE 

United States of America, 

AND 

His Imperial Majefty 

THE 

EMPEROR OF MOROCCO. 



'To all Perfons to ivLo?x tbcje Prefents Jhall coins or be made 

WHEREAS the United States of Ame- 
rica, in Congrefs aflembled, by their 
commiflion bearing date the twelfth day of 
May, one thoufand feven hundred and eighty- 
four, thought proper to conftitute John Adams, 
Benjamin Franklin, and Thomas Jefterfon, 
their Minifters Plenipotentiary, giving to them, 
or a majority of them, full powers to confer, 
treat and negociate with the Ambaflador, Mi- 
nifter ; or Commiflioner of his Majefty the 
Emperor of Morocco, concerning a treaty of 
amity and commerce ; to make and receive 
proportions for fuch treaty, and to conclude 
and fign the fame, tranfmitting it to the United 
States in Congrefs afiembled, for their final 
ratification; and by one other commifTion, bear- 
ing date the eleventh day of March, one thou- 
fand feven hundred and eighty-five, did further 
empower the faid Minifters Plenipotentiary, or 
a majority of them, by writing under their 
hands and feals, to appoint fuch agent in the 
faid bufinefs as they might think proper, with 
Authority under the directions and 



C 36 



of thefaid Minifters, to commence and profe- 
.cute the faid negociations and conferences for 
the faid treaty, provided that the faid treaty 
fnould be figned by the faid Miniflers : And 
whereas we, the faid John Adams and Thomas 
Jefferfon, two of the faid Miniflers Plenipoten- 
tiary (the faid Benjamin Franklin being abfent) 
by writing under the hand and feal of the faid 
John Adams at London, October the fifth, 
one thoufand feven hundred and eighty-five* 
and of the faid Thomas Jefferfon at Paris, 
October the eleventh of the fame year, did 
appoint Thomas Barclay, agent in the bufinefs 
aforefaid, giving him the powers therein, which, 
by the faid fecond commiffion, we were autho- 
rized to give, and the faid Thomas Barclay, in 
purfuance thereof, hath arranged articles for 
a treaty of amity and commerce between the 
United States of America, and his Majefty the 
Emperor of Morocco, which articles, written 
in the Arabic language, confirmed by his faid 
Majefty the Emperor of Morocco, and fealed 
with his royal feal, being tranilated into the 
language of the faid United States of America, 
together with the atteftations thereto annexed, 
are in the following words s to wit : 



Royal 

Seal - 



In the Name of ALMIGHTY GOD. 

THIS is a Treaty of Peace and Friendfhip 

eftablifhed between us and the United States 

of America, which is confirmed, and which 

we have ordered to be written in this book, 



C 369 ] 

and fealed with our royal feal, at our court of 
Morocco, on the twenty-fifth day of the blef- 
fed month of Shaban, in the year one thou- 
fand two hundred, truiting in God it will re- 
main permanent. 

ARTICLE I. 

We declare that both parties have agreed 
that this treaty, confiding of twenty-five arti- 
cles, (hall be inferted in this book, and deli- the treaty 
vered to the Honorable Thomas Barclay, the 
agent of the United States, now at our court, 
with whofe approbation it has been made, and 
who is duly authorized on their part to treat 
with us concerning all the matters contained 
therein. 

ARTICLE II. p^Jjy fliall 

If either of the parties (hall be at war with take com- 
any nation whatever, the other party fhall not J m"he 
take a commiffion from the enemv, nor fight enemy of 
under their colours. 

ARTICLE III. 

If either of the parties fhall be at war with 
any nation whatever, and take a prize belong- 
ing to that nation, and there fhall be found Regulation 
on board fubje&s or effects belonging to ei- 
ther of the parties, the fubjecls fhall be fet at 
liberty, and the effects returned to the owners. 
And if any goods belonging to any nation^ 
with whom either of the parties mall be at 
war, fhall be loaded on veffels belonging to 
the other party, they fhall pafs free and un- 
molefted, without any attempt being made to 
take or detain them. 

ARTICLE IV. 

A fignal or pafs fhall be given to all veffels signal, - 
belonging to both parties, by which they are 
to be known when they meet at fea j and if 

Vol. II. A 3 



[ 37 ] 

the commander of a mip of war of either par- 
ty lhall have other {hips under his convoy, the 
declaration of the commander {hall alone be 
fuflicient to exempt any of them from exami- 
nation. 

ARTICLE V. 

How vef- If either of the parties {hall be at w r ar, and 
exaimnea bc ^ a ^ rneet a veflel at fea belonging to the 
in time of other, it is agreed, that if an examination is to 
be made, it {hall be done by fending a boat 
with two or three men only ; and if any gun 
{hall be fired, and injury done without realon, 
the offending party {hall make good all da- 
mages. 

ARTICLE VI. 

citizens of ^ an Y M or mall bring citizens of the Uni- 
theu.states ted States, or their effects, to his Majefty, the 
citizens mall immediately be fet at liberty, and 
the effects reftored ; and in like manner, if any 
Moor, not a fubject of thefe dominions, mall 
make prize of any of the citizens of America, 
or their effects, and bring them into any of the 
ports of his Majefty, they (hall be immediate- 
ly releafed, as they will then be confidered as 
under his Majefty 's protection. 

ARTICLE VII. 

If any veflel of either party {hall put into a 
port of the other, and have occafion for pro- 
vifions or other fupplies, they mall be furnifti- 
ed - ed without any interruption or moleflation. 

ARTICLE VIII. 

Provifion if an y veffel of the United States mall meet 
misfortune, with a clifafter at fea, and put into one of our 
ports to repair, me mall be at liberty to land 
and re- load her cargo, without paying any du- 
ty whatever. 



C 371 ] 

ARTICLE IX. 

If any veiTel of the United States fhall be Regulation 
call on more on any part of our coafts, fhe . c * fe * 

n 11 i IT f r i flup wreck, 

mall remain at the dilpoiition of the o\vners, and being 
and no one fhall attempt going near her with- forccd into 

i i n i Port. 

out their approbation, as me is then confider- 
ed particularly under our protection ; and if 
any veflel of the United States {hall be forced 
to put into our ports by ftrefs of weather^or 
otherwife, me mall not be compelled to land 
her cargo, but mall remain in tranquility until 
the commander (hall think proper to proceed 
on his voyage. 

ARTICLE X. 

If any veflel of either of the parties fhall Vefleis pro- 
have an engagement, with a veflel belonging certain" 1 
to any of the Chriftian powers within gun mot cafes 
of the forts of the other, the veflel fo engaged 
fhall be defended and protected as much as pof- 
fible until fhe is in fafety ; and if any American 
veflel fhall be caft on more on the coaft of Wad- 
noon, or any coafl thereabout, the people be- 
longing to her fhall be protected and aflifted, 
until, by the help of God, they fhall be fent 
to their country. 

ARTICLE XI. 

If we fhall be at war with any Chriftian 
power, and any of our veflels fail from the cafe of 
ports of the United States, no veflel belonging 
to the enemy, fhall follow until twenty -four 
hours after the departure of our veflels ; and 
the fame regulation fhall be obferved towards 
the American veflels failing from our ports, 
be their enemies Moors or Chriftians. 

ARTICLE XII. gv g of 

If any fnip of war belonging to the United W ar P beiong- 
States fhall put into any of our ports, fhe fhall in s to J 7 - 6 - 

1 . , ' , not to be 

not be examined on any pretence whatever, examined. 



war. 



C 37* 1 

even though fhe fliould have fugitive flaves on 
board, nor (hall the governor or commander 
of the place compel them to be brought on 
more on any pretext, nor require any payment 
for them. 

ships f ARTICLE XIII. 

ftiuud be If a m *P f war of either party {hall put into 
a port of the other and falute, it fhall be re- 
turned from the fort with an equal number of 
guns, not with more or lefs. 

ARTICLE XIV. 

Commerce The commerce with the United States fhall 

f^of thf" be on the fame footing as is the commerce with 

mod favor- Spain, or as that with the moil favoured nation 

for the time being ; and their citizens fhall be 

refpecled and efleemed, and have full liberty 

to pafs and repafs our country and feaports 

whenever they pleafe, without interruption. 

ARTICLE XV. 

Privileges Merchants of both countries fhall employ 
charm7 only fuch interpreters, and fuch other perfons 
to aflift them in their bufmefs, as they fhall 
think proper. No commander of a veflel fhall 
tranfport his cargo on board another veflel ; 
he (hall not be detained in port longer than 
he may think proper; and all perfons employ, 
ed in loading or unloading goods, or in any 
other labour whatever, fhall be paid at the cuf- 
tomary rates, not more and not lefs. 

ARTICLE XVL 

In cafe of a war between the parties, the 

In cafe of 

v/ar,priicm- priioners are not to be made Haves, but to be 

ers not to exchanged one for another, captain for cap- 
be enflaved, . S. _, j 

but ex- tain, orticer for officer, and one private man 
changed. |- Qr anot her ; and if there fhall prove a defici- 
ency on either fide, it fliall be made up by 
the payment of one hundred Mexican dollars 



[ 373 ] 

for each perfon wanting. And it is agreed 
that all prifoners (hall be exchanged in twelve 
months from the time of their being taken, 
and that this exchange may be effected by a 
merchant or any other perfon authorized by 
either of the parties. 

ARTICLE xvii. t 

Merchants mall not be compelled to buy or f e :f ail 
fell any kind of goods but fuch as they ihall f" 
think proper j and may buy and fell all forts pro 
of merchandize but fuch as are prohibited to t ?. t a- er 

. chnfhan 

the other Chnitian nations, nations. 

ARTICLE XVIII. 

All goods mall be weighed and examined 
before they are fent on board, and to avoid all Goods to be 
detention of veflels, no examination mail af- b^r^fent 
terwards be made, unlefs it mall firfl be pro- onboard,*: 
ved that contraband goods have been fent on UJJiJJ l \* 
board, in which cafe, the perfons who took the cafe of 
contraband goods on board, fhall be punifhed fi 
according to the ufage and cuftom of the coun- 
try, and no other perfon whatever fhall be in- 
jured, nor fhall the fhip or cargo incur any pe- 
nalty or damage whatever. 

ARTICLE XIX. 

No veffel fhall be detained in port on any 
pretence whatever, nor be obliged to take on VelTcIfi n <* 
board any articles without the confent of the tamed, 
commander, who fhall be at full liberty to 
agree for the freight of any goods he takes on 
board. 

ARTICLE XX. 

If any of the citizens of the United States, 
1 cr any perfons under their protection, fhall Kovdif- 
have any difputes with each other, the conful p -^ f h ? !l 
ihall decide between the parties, and whene- b 
ve.r the conful mall require any aid or aflifiance 



[ 374 ] 

from our government, to enforce his decifions, 
it mail be immediately granted to him. 

ARTICLE XXI. 

How If a citizen of the United States mould kill 

crimes fliaii or wound a Moor, or, on the contrary, if a 
bcpunifh- Moor {hall kin or wound a c i t i zen O f t he Uni- 

ted States, the law of the country mail take 
place, and equal juftice mail be rendered, the 
conful affifting at the trial ; and if any delin- 
quent mall make his efcape, the conful mall 
not be anfwerable for him in any manner what- 
ever. 

ARTICLE XXII. 

Howeftate* ^ an American citizen mall die in our coun- 
ofdeccafed try, and no will mail appear, the conful mall 
- ta ^ e pofleffion of his effeds ; and if there mall 
of. be no conful, the effecls mall be depofited in 
the hands of fome perfon worthy of trull, until 
the party (hall appear who has a right to de- 
mand them ; but if the heir to the perfon de- 
ceafcd be prefent, the property (hall be deli- 
vered to him without interruption ; and if a 
will mall appear, the property mall defcend 
agreeable to that will, as foon as the conful 
mall declare the validity thereof. 
ARTICLE XXIII. 

s & The confulsof the United States of America, \ 
Privi & a ^ re *ide m an Y fea-port of our dominions : 
that they mall think proper ; and they mail 
be refpecled, and enjoy all the privileges which > 
the confuls of any other nation enjoy ; and if ; 
any of the citizens of the United States mail ; 
contract any debts or engagements, the conful \ 
fhall not be in any manner accountable for 
them, unlefs he (hall have given a promife in 
writing for the payment or fulfilling thereof, 
without which promife in writing, no applica- I 
tion to him for any redrefs fhall be made. 



[ 375 J 

ARTICLE XXIV. 

If any differences (hall arife by either psrty 
infringing on any of the articles of this treaty, 

. . n J 7 tions m 

peace and narmony fhall remain notwithftand- C afeof war^ 
ing, in the fulled force, until a friendly appli- 
cation fhall be made for an arrangement, and 
until that application (hall be rejected, no ap- 
peal fhall be made to arms. And if a war (hall 
break out between the parties, nine months 
fhall be granted to all the fubjecls of both par- 
ties, to difpofe of their effects and retire with 
their property. And it is further declared, that 
whatever indulgences-, in trade or other wife, 
fhall be granted to any of the Chriftian Powers, 
the citizens of the United States fhall be equally 
entitled to them. 

ARTICLE XXV. 

This treaty fhall continue in full force, with Duration n 
the help of God, for fifty years. trear >- 

We have delivered this book into the hands 
of the beforementioned Thomas Barclay, on 
the firft day of the blefTed month of Ramadan, 
in the year one thoufand two hundred. 

I certify that the annexed is a true copy of the 
tranjlation made by Ifaac Cardoza Nunez, in- 
terpreter at Morocco, of the treaty between the 
Emperor of Morocco, and the United States of 
America. 

THOMAS BARCLAY. 



ADDITIONAL ARTICLE. 

Grace to the only GOD. 

I, the under- written, the fervant of God, 
Taher Ben Abdelkack Fennifh, do certify, 
that Kis Imperial Majefty, my niafter, (\vhoi.u 



[ 376 ] 

preferve) having concluded a treaty of 
peace and commerce with the United States 
of America, has ordered me, the better to 
compleat it, and in addition of the tenth ar- 
ticle of the treaty, to declare, " That if any 
" vefiel belonging to the United States, fhall 
" be in any of the ports of his Majefty's do- 
" minions, or within gun-fhot of his forts, 
" flie fhall be protected as much as poiTible ; 
" and no veflel whatever, belonging either to 
" Moorifh or Chriflian Powers, with whom 
" the United States may be at war, fhall be 
" permitted to follow or engage her, as we 
" now deem the citizens of America our good 
" friends." 

And, in obedience to his Majefty's com- 
mands, I certify this declaration, by putting 
my hand and feal to it, on the eighteenth day 
of Ramadan,* in the year one thoufand two 
hundred. 

The fervant of the King, my Majlcr y 
whom God preferve,- 

TAHER BEN ABDELKACK FENNISH. 

/ do certify that the above is a true copy cf the 
tranjlation made at Morocco, by Ifaac Cordova 
"Nunez, interpreter, of a declaration made and 
Jigned by Sidi Hare Taher Fennifh, in addition 
to the treaty between the Emperor of Morocco and 
the United States of America, which declaration 
the f aid Taher 'Fenuifo made by the exprefs dir'cc- 
tions cf his Majefty. 

THOMAS BARCLAY. 



N O T E. 

* The R;??!iaJan of 
on the :'oth June, in the ^var ',/f cur Lo'-l 1786. 



C 377 ] 

Now, KNOW YE, That we, the faid John 
Adams and Thomas Jefferfon, Miniflers Ple- 
nipotentiary aforefaid, do approve and con- 
clude the faid treaty, and every article and 
claufe therein contained, rcferving the fame 
neverthelefs to the United States in Congrefs 
aifembled, for their final ratification. 

In tcftlmony whereof , ive have Jigned the fame 
with our names and feals, at the places of our 
refpeftive residence, and at the dates exprejfed 
under our Jignaiures rcfpeftively. 

JOHN ADAMS, (L. s.) 

London, January 2$th 9 1/87. 

THOMAS JEFFERSON, (L. s.) 

Paris, January i/l, 1787. 



VOL. II. B 3 



CONVENTION 

BETWEEN 

His Moft Chriftian Majefty 

AND THE 

UNITED STATES OF AMERICA. 

TRANSLATION. 



CONVENTION 

Between His Moft Chriftian Majefty and the 
United States of America, for the Purpofe of 
defining and ejiablifhing the Functions and 
Privileges of their r effective Confuls and Vice- 
Confuls. 

HIS Majefty the Moft Chriftian King, and 
the United States of America, having, 
by the twenty-ninth article of the treaty of 
amity and commerce concluded between them, 
mutually granted the liberty of having, in 
their refpe&ive ftates and ports, eonfuls, vice- 
confuls, agents and commilTaries, and being 
willing, in c6nfequence thereof, to define and 
eftablim, in a reciprocal and permanent man- 
ner, the functions and privileges of eonfuls 
and vic-e-confuls, which they have judged it 
convenient to eftablifh of preference, His Moft 
Chriftian Majefty has nominated the Sieur 
Count of Montmorin, of St. Herent, Mare- 
chal of his Camps and Armies, Knight of his 
Orders and of the Golden Fleece, his Coun- 
fellor in all his Councils, Minifter and Secre- 
tary of State, and of his Commandments and 
Finances, having the department of Foreign 
Affairs ; and the United States have nomina- 
ted the Sieur Thomas Jefferfon, citizen of the 



CONVENTION 

ENTRE 

le Roi tres Chretien, 

E T L E S 

ETATS UNIS DE L'AMERIQUE, 

ORIGINAL. 



CONVENTION 
Entre le Roi tres Chretien, et les Etats Unis 
de /'Amerique, a I'effet de determiner et fixer 
lesfonflions et prerogatives des Confids et Vice- 
Confuls rejpeclifs. 

SA Majefte le Roi tres Chretien, et les Etats 
Unis de 1' Amerique, s'etant accordes mu- 
tuellement par 1'art. XXIX, du traite d'amitie 
et de commerce conclu entr'eux, la liberte de 
tenir dans leurs Etats et ports refpeclifs, des 
confuls, et vice-confuls, agens et commhTaires, 
et voulant en confequence determiner et fixer 
d'une maniere reciproque et permanente, les 
fonclions et prerogatives des confuls, et vice- 
confuls qu'ils ont juge convenable d'etablir de 
preference, fa Majefte tres Chretienne a nomme 
le Sieur Comte de Montmorin de St. Herent, 
marechal de fes camps et armees, chevalier de 
fes ordres et de la toifon-d'or, fon confeiller 
en tous fes confeils, miniftre et fecretaire d'etat 
et de fes commandements et finances, aiant le 
departement des affaires etrangeres ; et les 
Etats Unis ont nomme le Sieur Thomas Jef- 
ferfon, citoyen des Etats Unis de 1' Amerique, 
et leur miniftre plenipotentiaire aupres du 



[ 35 1 



(Sonfuls to 
prefent 
commif- 
fions, and 
to be enti- 
tled to an 
exequatur. 



Privilege! 
of confuls. 



United States of America, and their Minifter .] 
Plenipotentiary near the King, who, after hav- 
ing communicated to each other their refpec- 
tive full powers, have agreed on what follows : 
ARTICLE I. 

The confuls and vice-confuls named by the 
Moft Chriftian King and the United States, 
(hall be bound to prefent their commiffions 
according to the forms which mall be eftab- 
lifhed refpectively by the Moft Chriftian King 
within his dominions, and by the Congrels 
within the United States. There mall be de- 
livered to them, without any charges, the ex- 
equatur neceffary for the exercife of their func- 
tions ; and on exhibiting the faid exequatur ^ 
the governors, commanders, heads of juftice, 
bodies corporate, tribunals and other officers 
having authority in the ports and places of their 
confulates, mall caufe them to enjoy immedi- 
ately, and without difficulty, the pre-eminences, 
authority, and privileges, reciprocally granted, 
without exacting from the faid confuls and 
vice-confuls any fee, under any pretext what- 
ever. 

ARTICLE II. 

The confuls and vice-confuls, and perfons 
attached to their functions ; that is to fay : 
their chancellors and fecretaries, mall enjoy a 
full and entire immunity for their chancery, 
and the papers which mail be therein contain- 
ed. They mall be exempt from all perfonal 
fervice, from foldiers' billets, militia, watch, 
guard, guardianfhip, truftee-fhip, as well as 
from all duties, taxes, impofitions and charges 
whatfoever, except on the eftate real and per- 
fonal of which they may be the proprietors or 
poffeifors, which mall be fubject to the taxes 
impofed on the eftates of all other individuals : 



C 381 ] 

Roi, lesquels, apres s'etre communique leurs 
plein-pouvoirs refpedifs font convenus de ce 
qui fuit. 

ARTICLE I. 

Les confuls et vice-confuls nommes par le 
Roi tres Chretien et les Etas Unis feront te- 
nus de prefenter leurs provifions felon la forme 
qui fe trouvera etablie refpeclivement par le 
Roi tres Chretien dans fes Etats, et par le 
Congres dans les Etats Unis. On leur deliv- 
rera fans aucuns fraix V exequatur neceflaire a 
1'exercice de leurs fon&ions, et fur rexhibition 
qu'ils feront du dit exequatur, les gouverneurs, 
commandants, chefs de juftice, les corps, tri- 
bunaux ou autres officiers aiant autorite dans 
les ports et lieux de leurs confulats, les y fe- 
ront jouir aufiitot et fans difficulte des preemi- 
nences, autorite et privileges accordcs recipro- 
quement, fans qu'ils puiffent exiger des dits 
confuls et vice-confuls aucun droit fous aucun 
pretexte quelconque. 



ARTICLE II. 

Les confuls et vice-conluls et les perfonnes 
attachees a leurs fondlions, favoir, leurs chan- 
celiers et fecretaires, jouiront d'une pleine ei 
entiere immunite pour leur chancellerie et les 
papiers qui y feront renfermes. Us feront ex- 
emts de tout fervice perfonnel, logement des 
gens de guerre, milice, guet, garde, tutelle, 
curatelle, ainfi que de tous droits, taxes, im- 
pofitions et charges quelconques, a Texcep- 
tion feulement des biens meubles et immeubles 
dont ils feroient proprietaires ou poflfefleurs, 
lefquels feront aflujettis aux taxes impolees 
fur ceux de tous autres particuliers, et a tous 



[ 38* ] 

I 

And in all other inftances they fhall be fubjeft 
to the laws of the land as the natives are. 
Thofe of the faid confuls and vice-confuls who 
fhall exercife commerce, mail be refpe&ively 
fubjeft to all taxes, charges and impofitions 
eftablimed on other merchants. They mail 
place over the outward door of their houfe, the 
arms of their fovereign ; but this mark of in- 
dication mail not give to the faid houfe any 
privilege of afylum for any perfon or property 
whatfoever. 

ARTICLE III. 

The refpective confuls and vice-confuls may 
Safap- eftablifti agents in the different ports and pla- 
point a- ces of their departments where neceffity fhall 
en1 require. Thefe agents may be chofen among 

the merchants, either national or foreign, and 
furnimed with a commiffion from one of the 
faid confuls : They fhall confine themfelves 
refpe&ively to the rendering to their refpec- 
tive merchants, navigators and veflels, all pof- 
fible fervice, and to inform the neareft conful 
of the wants of the faid merchants, navigators 
and veflels, without the faid agents otherwife 
participating in the immunities, rights and 
privileges attributed to confuls and vice-con- 
fuls, and without power under any pretext 
whatever, to exacl from the faid merchants any 
duty or emolument whatfoever. 
ARTICLE IV. 

Ccnfuk The confuls and vice-confuls refpe&ively 

may cftab- ma y eftablifli a chancery, where fhall be de- 

c<f r y? ct '" pofited the confular determinations, acls and 

proceedings, as alfo teflaments, obligations, 

contracts, and other a&s done by or between 

perfons of their nation, and effects left by de- 

ceafed perfons, or faved from fhipwreck. They 

may confequently appoint fit perfons to at in 



C 383 ] 

egards ils demeureront fujets aux loix du pais 
comme les nationaux. Ceux des dits confuls 
et vice- confuls qui feront le commerce feront 
refpectivement affujettis a toutes les taxes, 
charges et impofitions etablies fur les autres 
negociants. Ils placeront fur la porte exte- 
rieure de leurs maifons les armes de leur fou- 
verain, fans que cette marque diftinclive puifle 
donner aux dites maifons le droit d'afile, foit 
pour des perfonnes, foit pour des effets quel- 
conques. 

ARTICLE III. 

Les confuls et vice-confuls refpectifs pour- 
ront etablir des agens dans les differens ports 
et lieux de leurs departements ou le befoin 
Texigera ; ces agens pourront etre choifis par- 
mi les negociants nationaux ou etrangers, et 
munis de la commiflion de Pun des dits con- 
fuls. Ils fe renfermeront refpeclivement a ren- 
dre aux comme^ants, navigateurs et batiments 
refpectifs, tous les fervices poffibles, et a in- 
former le conful le plus proche des befoins des 
dits commer9ants, navigateurs et batiments, 
fans que les dits agens puiflent autrement par- 
ticiper aux immunites, droits et privileges at- 
tribues aux confuls et vice-confuls, et fans 
pouvoir fous aucun pretexte que ce foit, exiger 
aucun droit ou emolument quelconque des dits 
commer9ants. 

ARTICLE IV. 

Les confuls et vice-confuls refpe&ifs pour- 
ront etablir une chancellerie ou feront depofes 
les deliberations, acles et procedures conful- 
aires, ainfi que les teftaments, obligations, con- 
trats, et autres aftes faits par les nationaux ou 
entr'eux, et les cfFets delaifles par mort, ou 
fauves des naufrages. Ils pourront en confe- 
quence commettrc u Texercice de la dite chan- 



C 384 ] 

the faid chancery, receive and fwear them in, 
commit to them the cuftody of the feal, and 
authority to feal commifTions, fentences and 
other confular acts, and alfo to difcharge the 
functions of notary and regifler of the con- 
fulate. 

ARTICLE V. 

Power and The confuls and vice-confuls refpectively 
! &all have the exclufive right of receiving in 
their chancery, or on board of veffels, the de- 
clarations and all other the acts, which the cap- 
tains, matters, crews, paflengers ? and merchants 
of their nation may chufe to make there, even 
their teftaments and other difpofals by lafl 
will : And the copies of the faid acts, duly 
authenticated by the faid confuls or vice-con- 
fuls, under the leal of their confulate, mail re- 
ceive faith in law, equally as their originals 
would, in all the tribunals of the dominions of 
the Moft Chriftian King, and of the United 
States. They mall alfo have, and exclufively, 
in cafe of the abfence of the teftamentary exe- 
cutor, adminiftrator or legal heir, the right to 
inventory, liquidate and proceed to the fale of 
the perfonal eftate left by fubjects or citizens 
of their nation, who mall die within the extent 
of their confulate ; they mall proceed therein 
with the affiftance of two merchants of their 
faid nation, or for want of them, of any other 
at their choice, and mall caufe to be depofited 
in their chancery, the effects and papers of the 
faid eftates ; and no officer, military, judiciary, 
or of the police of the country, mail difturb 
them or interfere therein, in any manner what- 
fcever : but the faid confuls and vice-confuls 
mail not deliver up the faid effects, nor the pro- 
ceeds thereof, to the lawful heirs, or to their 
order, till they mall have caufed to be paid all 



C 385 ] 

cellerie des perfonnes capables, les recevoir, 
leur faire preter ferment, leur donner la garde 
du fceau et le droit de fceller les commifllons, 
jugements et autres adtes confulaires, ainfi que 
d'y remplir les fon&ions de notaire et gref* 
fiers du confulat. 

ARTICLE V. 

Les confuls et vice-confuls refpe&ifs auront 
le droit exclufif de rccevoir dans leur chancel- 
lerie, ou a bord des batiments, les declara- 
tions et tous les autres ades que les capitaines, 
patrons, equipages, paffagers, et negociants 
'de leur nation voudront y pafler, meme leur 
teftament et autres difpofitions de dernitre vo- 
ionte, et les difpofitions des dits a&es duement 
legalifees paries dits confuls ou vice-confuls, et 
munies du fceau de leur confulat, feront foi en 
juftice comme le feroient les originaux dans 
tous les tribunaux des etats du Roi tres Chre- 
tien et des Etats Unis. Us auront aufli, et ex- 
clufivement, en cas d' abfence d'executeur tef- 
tamentaire, curateur ou heritiers Icgitimes, le 
droit de faire Tinventaire, la liquidation et de 
proceder a la vente des effets mobiliers de la 
fucceflion des fujets ou citoyens de leur nation, 
qui viendront a mourir dans 1'etendiie de leur 
confulat. Us y procederont avec I'afliflance de 
deux negocians de leur dite nation, ou a leur 
defaut, de tout autre a leur choix, et feront 
depofer dans leur chancellerie les efFets et pa- 
piers des dites fucceffions, fans qu'aucuns of- 
ficiers militaires, de juftice, ou de police du 
pais, puiflent les y troubler, ni y inter venir de 
quelque maniere que ce foit ; mais les dits con- 
fuls et vice-confuls ne pourront faire la deliv- 
rance des fucceflions et de leur produit aux 
heritiers legitimes, ou a leurs mandataires, 
qu'apres avoir fait acquitter toutes les dettes 

VOL. 1L C 3 



C 386 ] 

debts which the deceafed ihall have contracted 
in the country ; for which purpofe the credi- 
tors (hall have a right to attach the faid effects 
in their hands, as they might in thole of any 
other individual whatever, and proceed to ob- 
tain fale of them till payment of what fiiall be 
lawfully due to them. When the cfebts fhall 
not have been contracted by judgment, deed 
or note, the fignature whereof fhall be known, 
payment fhall not be ordered but on the credi- 
tor's giving fufficient furety, refident in the 
country, to refund the fums he fhall have un- 
duly received, principal, interefl and cofts ; 
which furety heverthelefs fhall Hand duly dif- 
charged, after the term of one year in time of 
peace, and of two in time of war, if the de- 
mand in difcharge cannot be formed before 
the end of this term againft the heirs who fhall 
prefent themfelves. And in order that the heirs 
may not be unjuftly kept out of the effects of 
the deceafed, the confuls and vice-confuls fhall 
notify his death in fome one of the gazettes 
publifhed within their confulate, and that they 
fhall retain the faid effects in their hands four 
months to anfwer all demands which 'fhall be 
prefented ; and they fhall be bound after this 
delay to deliver to the perfons fucceeding there- 
to, what fhall be more than fufficient for the 
demands which fhall have been formed. 

ARTICLE VI. 

The confuls and vice-confuls refpeftively " 
de- ^^ receive the declarations, protefts and re- 
ports of all captains and mafters of their re- 
ipe&ive nation on account of average lofles 
ioiic,atka, fuflained at fea : and thefe capta ns and maf- 
ters fhall lodge in the chancery of the faid 
confuls and vice-cofuls, the acts which they 
may have made in ether ports oa account of 



3 

que les defunls auront pu avoir contra&ees 
dans le pais ; a Peffet de quoi les creanciers au- 
ront dioit de faifir les dits effets dans leurs 
mains, de meme que dans celles de tout autre 
individu queJconque, et en pourfuivre la vente 
jufqu'au paiement de ce qui leur fera legitime- 
ment du ; lorfque les dettes n'auront etc con- 
traCtees par jugement, par acte, ou par billet 
dont la figiuiture fera reconniie, le paiement 
ne pourra en etre ordonne qu'en fournilTant 
par le creancier caution fuffifante et domiciliee 
de rendre les fornrnes indiiement per^iies, prin- 
cipal, interets et fraix ; lefquelles cautions ce- 
ptndant demeureront diiement dechargees 
apres une annee, en terns de paix, et deux, en 
terns de guerre, fi la demande en decharge ne 
pent etre formeee avant ces delais contre les 
Heritors qui le preienteront. Et afm de ne 
pas faire iujuflement attendre aux heritiers les 
effers du cleTunt, les confuls et vice-coniuls fe- 
ront annoncer fa mort dans quelqu' une des 
gazettes qui fe publient dans Tetendiie de leur 
confulat, et qu'ils reticndront les dits effets 
fous leurs mains pendant quatre mois pour rc- 
pondre a toutes les demandes qui fe prefente- 
ront : et ils feront tenus, apres ce delai, de 
delivrer aux heritiers, Texcedent du montant 
des demandes qui auront etc formees. 



ARTICLE VI. 

Les confuls et vice-confuls refpe&ifs recev- 
ront les declarations, proteflations et rapports 
de tous capitaines et patrons de leur nation re- 
fpeclive, pour raifon d'avarics effuyees a la 
mer, et ces capitaines et patrons remettront 
dans la chancellerie des dits confuls et vice- 
confuls les a&es qu'ils auront faits dans d'au- 
trcs ports pour les accidents qui leur feront 



[ 388 ] 

the accidents which may have happened to 
them on their voyage. If a fubject of the 
Mod Chriflian King and a citizen of the Uni- 
ted States, or a foreigner, are interefted in 
the faid cargo, the average (hall be fettled by 
the tribunals of the country, and not by the 
confuls or vice-confuls ; but when only the 
fubjeds or citizens of their own nation mail 
be interefted, the refpeclive confuls or vice- 
confuls mall appoint fkilful perfons to fettle 
the damages and average. 

ARTICLE VII. 

Power of In cafes where, by tempefl or other acci- 
cafe u of in d ^nt, French mips or veflels mall be ftranded 
on the coafts of the United States, and mips 
or veffels of the United States (hall be ftran- 
ded on the coafts of the dominions of the Mod 
Chriftian King, the conful or vice-conful near- 
eft to the place of fhip wreck mail do whate- 
ver he may judge proper, as well for the pur- 
pofe of faving the faid fhip or velfel, its cargo 
and appurtenances, as for the ftoring and the 
fecurity of the effects and merchandize faved. 
He may take an inventory of them, without 
the intermeddling of any officers of the mili- 
tary, of the cuftoms, of juftice, or of the po- 
lice of the country, otherwife than to give to 
the confuls, vice-confuls, captain and crew of 
the veffel fhipwrecked or ftranded, all the fuc- 
cour and favour which they fhall aik of them, 
either for the expedition and fecurity of the 
faving and of the effects faved, or to prevent 
all difturbance. And in order to prevent all 
kind of difpute and difcuffion in the faid cafes 
of fhipwreck, it is agreed, that when there 
mail be no conful or vice-conful to attend to 
the faving of the wreck, or that the refidence 
of the faid conful or vice-conful (he not being 



C 389 ] 

arrives pendant leur voyage. Si un fujet du 
Roi tres Chretien et un habitant des Etats 
Unis, ou un etranger, font interefles dans la 
dite cargaifon, Tavarie fera reglee par les tri- 
bunaux du pais, et non par les confuls et vice- 
confuls; mais lorfqu'il n'y aura d'interefles 
que les fujets ou citoyens de leur propre na- 
tion, les confuls ou les vice-conful s refpeftife 
nommeront des experts pour regler les dom- 
mages et avaries. 

ARTICLE VII. 

Dans le cas ou, par tempete, ou autres ac- 
cidents, des vaifleaux ou batiments Fran$ai$ 
echoiieront fur les cotes des Etats Unis, et des 
vaifleaux et batiments des Etats Unis echoiie- 
ront fur les cotes des Etats de fa Majefte tres 
Chretienne, le conful ou le vice-conful, le plus 
proche du lieu du naufrage, pourra faire tout 
ce qu'il jugera convenable, tant pour fauver le 
flit vaifleau ou batiment, fon chargement et 
appartenances, que pour le magazinage et la 
furete des efFets fauves et marchandifes. II 
pourra en faire 1'inventaire, fans qu* aucuns 
officiers militaires, des doiianes, de juftice ou 
de police du pais, puiflent s'y immifcer autre- 
ment que pour faciliter aux confuls et vice-con- 
fuls, capitaine et equipage du vaifleau nau- 
frage, ou echoue, tous les fecours et faveurs 
qu'ils leur demanderont, foit pour la ceierite, 
et la furete du fauvetage et des effets fauves, 
foit pour eviter tous defordres. Pour prevenir 
meme toute efpece de conflit et de difcuflion 
dans les dits cas de naufrage, il a ete convenu 
que lorfqu' il ne fe trouvera pas de conful ou 
vice-conful pour faire travailler au fauvetage, 
ou que la refidence du dit conful ou vice-con- 
ful, qui ne fe trouvera pas fur le lieu du au- 



C 390 ] 

tat the place of the wreck) fhall be more dif- 
tant from the faid place than that of the com- 
petent judge of the country, the latter (Is all 
immediately proceed therein, with all the dif- 
patch, certainty and precautions prefcribed by 
the refpeclive laws ; but the faid territorial 
judge mail retire on the arrival of the confui 
or vice-conful, and fhall deliver over to him 
the report of his proceedings, the expenfes of 
which the confui or vice-conful fhall caufe to 
be reimburfed to him, as well as thofe of fa- 
ving the wreck. The merchandize and effe&s 
faved fhall be depofited in the neareft cuitom- 
houfe, or other place of fafety, with the in- 
ventory thereof, which fhall have been made 
by the confui or vice-conful, or by the judge 
who fhall have proceeded in their abfence, 
that the faid effects and merchandize may be 
afterwards delivered, (after levying therefrom 
the cofts) and without form of procefs, to the 
owners, who being furnifhed with an order 
for their delivery from the neareft confui or 
vice-conful, fhall reclaim them by themfelves, 
or by their order, eiiher for the purpofe of 
re-exporting fuch merchandize, in which cafe 
they mall pay no kind of duty of exportation, 
or for that of felling them in the country, if 
they be not prohibited there, and in this laft 
cafe, the faid merchandize,if they be damaged, 
fhall be allowed an abatement of entrance du- 
ties, proportioned to the damage they have 
fuftained, which fhall be afcertained by the 
affidavits taken at the time the veflel was wreck- 
ed or (truck. 

ARTICLE VIII. 

Power of The confuls or vice-corifuls fhall exercife 
re ~ police over all the veffels of their refpective 
nations, and fhall have on board the faid vef- 



C 39 1 ] 

frage, fera plus eloignee du dit lieu que celle du 
juge territorial competent, ce dernier fera pro- 
ceder fur le champ avec toute la celerite, la 
furete et les precautions prefcrites par les loix 
refpeftives ; fauf au dit juge territorial a fe re- 
tirer, le conful ou vice-conful furvenant, et a 
lui remettre Pexpedition des procedures par lui 
faites, dont le conful ou vice-conful lui fera 
rembourfer les fraix, ainfi que ceux du fauvc- 
tage. Les marchandifes et effets fauvts dev- 
ront etre depofes a la doiiane ou autre lieu de 
furete le plus prochain avec I'inventaire qui en 
aura ete drefie par le conful ou vice-conful, ou 
en leur abfence par le juge qui en aura connu, 
pour les dits effets et marchandifes etre enfuite 
delivres apres le prelevement des fraix, et fans 
forme de proces, aux proprietaires, qui, munis 
de la main- levee du conful ou vice-conful le 
plus proche, les reclameront par eux-memes, 
ou par leurs mandataires, foit pour reexporter 
les marchandifes, et dans ce cas elles ne pai'e- 
ront aucune efpcce de droits de fortie, foit pour 
les vendre dans le pais, fi elles n'y font pas 
prohibees ; et dans ce dernier cas, les dites 
marchandifes fe trouvant avarices, on leur ac- 
cordera une moderation fur les droits d'entree 
proportionnee au dommage fouffert, lequel fera 
conflate par le proces verbal dreiTe lors du 
naufrage ou dc rechoiiement. 



ARTICLE VIII. 

Les confuls ou vice confuls exerceront la 
police fur tous les batimens de leurs nations 
refpeclives, et aurcnt a bord des dits btaimens 



C 

their own fels all power and jurifdiclion in civil matters, 
nation. j n a n the difputes which may there arife -, they 
fhall have an entire infpe&ion over the faid 
veflels, their crew, and the changes and fub- 
ftitutions there to be made ; for which pur- 
pofe they may go on board the faid veflels 
whenever they may judge it neceffary. Well 
underftood that the functions hereby allowed 
fhall be confined to the interior of the veflels, 
and that they (hall not take place in any cafe 
which fhall have any interference with the po- 
lice of the ports where the faid veflels fhall be. 

ARTICLE IX. 

power of The confuls and vice-confuls may caufe to 
regard* to* be arrefted the captains, officers, mariners, 
<icierters,& failors, and all other perfons, being part of the 

mode of r i rr i r i r o 

proceeding, crews or the veflels or their relpecuve nations, 
who fhall have deferted from the faid veflels, 
in order to fend them back and tranfport them 
out of the country : For which purpofe, the 
faid confuls and vice-confuls fhall addrefs them- 
felves to the courts, judges and officers com- 
petent, and fhall demand the faid deferters in 
writing, proving by an exhibition of the regif- 
ters of the veflel or fhip's roll, that thofe men 
were part of the faid crews ; and on this de- 
mand fo proved (faving however where the 
contrary is proved) the delivery fhall not be 
refufed ; and there fhall be given all aid and 
afliflance to the faid conflils and vice-confuls 
for the fearch, feizure and arrefl of the faid 
deferters, who fhall even be detained and kept 
in the prifons of the country, at their requeft 
and expenfe until they fhall have found an op- 
portunity of fending them back ; but if they 
be not fent back within three months, to be 
counted from the day of their arreft, they fhali 



C 3'93 ] 

tout pouvoir et jurifdiction en matiere civile 
dans toutes les difcuffions qui pourront y fur- 
venir ; ils auront une entiere infpecdon fur les 
dits batiments, leurs equipages et les change- 
ments et remplacements a y faire ; pour quel 
effet ils pourront fe tranfporter a bord des dits 
batiments toutes les fois qu'ils le jugeront ne- 
ceflaire ; bien entendu que les ionftions ci- 
deffus enonoees feront concentrees dans 1'inte- 
rieiir des batiments, et qu' elles ne pourront 
avoir lieu dans aucun cas qui aura quelque rap- 
port avec la police des ports ou les dits bati- 
ments fe trouveront. 

ARTICLE IX, 

Les confuls et vice-confuls pourront faire 
arreter les capitaines, officiers, mariniers, mate- 
lots et toutes autres perfonnes faifant partie 
des equipages des batiments de leurs nations 
refpectives, qui auroient deferte des dits bati- 
mens, pour les r envoy er et faire tranfporter 
hors du pa'is. Auquel effet les dits confuls et vice- 
confuls s'addreiTeront aux tribunaux, juges, et 
officiers competents et leur feront, par ecrit, 
la demande des dits deferteurs, en juftifiant 
par ['exhibition des regiilres du batiment ou 
role d'equipage, que ces hommes faifoient 
partie des fufdits equipages. Et fur cette de- 
mande, ainfi juilifiee, fauf toutefois la preuve 
contraire, Textradition ne pourra etre refufee ; 
et il fera donne toute aide et affiflance aux dits 
confuls et vice-confuls pour la recherche, faifie 
et arreflation des fufdits deferteurs, lefquels fe- 
ront meme detenus et gardes dans les prifons 
du pais, a leur requisition, et a leurs frais 
jufqu* a ce qu'ils aient trouve occafion de les 
renvoyer. Mais s'ils n' etoient rcnvoyes dans 
le delai de trois mois a comptqr du jour de leur 

VOL. IT. D 3 



C 394 



Citizens a- 
'inenable 
tor crimes 
to the judg 
cs of the 
country. 



How to 

proceed 
when of- 
fenders 
\vithdraw 
on board 
their vef- 
fels. 



fcifputes 
between 
citizens in 
a. foreign 
country to 
be (ectlecl 
bv tonfcls. 



be let at liberty, and lhall be no more arreilcd 
for the fame caufe. 

ARTICLE X. 

In cafes where the refpedive fubje&s or ci- 
tizens fhall have committed any crime, or 
breach of the peace, they mail be amenable to 
the judges of the country. 

ARTICLE XI. 

When the faid offenders Ihall be a part of 
the crew of a veffel of their nation, and fhall 
have withdrawn themfelves on board the faid 
veffel, they may be there feized and arrefled by 
order of the judges of the country : Thefe fhali 
give notice thereof to the conful or vice-conful, 
v/ho may repair on board if he thinks proper : 
But this notification fhall not in any cafe delay 
execution of the order in queftion. The per- 
fons arrefled fhall not afterwards be fet at li- 
berty until the conful or vice-conful fhall have 
been notified thereof; and they fhall be deliver- 
ed to him, if he requires it, to be put again on 
board of the vefTel on which they were arrefled, 
or of others of their nation, and to be fent out 
of the country. 

ARTICLE XII. 

Ail differences and fuits between the fub- 
jeds of the Moft Chriftian King, in the Uni- 
ted States, or between the citizens of the Uni- 
ted States, within the dominions of the Mofl 
Chrifuan King, and particularly all difputes 
relative to the w r ages and terms of engagement 
of the crews of the refpedive veffels, and all 
differences of whatever nature they be, w r hich 
may a rife between the privates of the faid crews," 
or between any of them and their captains, or 
between the captains of different veffels of their 
nation, fhall be determined by the refpedive 
confuls and vice-confuls, either by a reference 



C 395 3 

arret, ils feront elargis, et ne pourront plus 
H etre arretes pour la meme caufe. 
ARTICLE X. 

Dans le cas ou les fujets ou citoyens refpec- 
tifs auront commis quelque crime ou infraction 
de la tranquillite pubiique, ils feront jju-fticia- 
bles des juges du pai's. 

ARTICLE XL 

Lorfque les dits coupables feront panic de 
T equipage de 1'un des bailments de leur nation, 
et fe feront retires a bord des dits navires, ils 
pourront y etre faifis et arretes par 1'ordre des 
juges territoriaux : ceux-ci en previendront le 
conful ou vice-conful, lequel pourra fe rendre 
a bord s'il le juge apropos: rnais cette preve- 
nance ne pourra en aucun cas retarder I'exe- 
cution de 1'ordre dont il eft queftion. Les per- 
fonnes arretees ne pourront enfuite etre mifes 
en liberte, qu* apres que le conful ou vice-con- 
ful en aura etc prevenu, et elles lui feront re- 
mifes s'il le requiert, pour etre reconduites fur 
les batimcnts ou ellcs auront ete arretees, ou 
autres de leur nation, et etre renvoyees hors 
du pai's. 

ARTICLE XII. 

Tous diixerends et proces entre les fujets du 
Roi tres Chretien dans les Etats Unis, ou en- 
trc les citoyens des Etats Unis dans les Etats 
du Roi trcs Chretien, et notamment toutes les 
difcuffions relatives aux falaires et conditions 
des engagements des equipages des batiments 
refpeclifs, et tous differends de quelque na- 
ture qu'ils foient, qui pourroient s'elever entre 
les hommes des dits equipages, ou entre quel- 
qi:es uns d'eux et leurs capitaines, ou entre 
les capitaines de divers batiments nationaux, 
feront termines par les coniuls et vice-confuls 
refpeclifs, foit par un reavpi par devant des 



[ 396 ] 

to arbitrators, or by a fummary judgment, and 
without coils. No officer of the country, civil 
or military, fhall interfere therein, or take any 
part whatever in the matter : and the appeals 
from the faid confular fentences mail be carried 
before the tribunals of France or of the Uni- 
ted States, to whom it may appertain to take 
cognizance thereof. 

ARTICLE XIII. 

The general utility of commerce having 
Tribunal caufed to be eftablifhed within the dominions 
ide . of the Moft Chriflian King, particular tribu- 
affaiw. nals and forms for expediting the decifion of 
commercial affairs, the merchants of the Uni- 
ted States fhall enjoy the benefit of thefe efta- 
bliihments ; and the Congrefs of the United 
States will provide in the manner the moft con- 
formable to its laws, for the eftablifnment of 
equivalent advantages in favour of the French 
merchants, for the prompt difpatch and deci- 
fion of affairs of the lame nature. 

ARTICLE XIV. 

citizens The fubjecls of the Moft Chriflian King, 

exempted and the citizens of the United States, who 

fonTi ?er-~ fhall prove by legal evidence, that they are of 

the laid nations refpedively, fhall in confe- 

Fctdcmcot. qucnce enjoy an exemption from all perfonai 

iervice in the place of their fettlement. 



ARTICLE XV. 

If any other nation acquires by virtue of any 
rf either convention whatever, a treatment more favour- 
ll ^ e w * tn re fpect to the confular pre-eminences, 
pov/ers, authority and privileges, the confuls 
and vicc-confuls of the Moft Chriftian King, 
tion they or cf the United States, reciprocally fhall par- 
to ^ c ^P ate therein, agreeable to the terms ftipula- 
ted by thefecond, thifd and fourth articles of 



[ 397 ] 

arbitres, foit par un jugement fommaire, et 4 
fans frais. Aucun ofBcier territorial, civil ou 
'militaire ne pourra y intervenir, ou prendre 
une part quelconque a I'affaire, et les appelsdes 
dits jugements confulaires feront portes devant 
les tribunaux de France ou des Etats Unis qui 
doivent en connaitre. 

ARTICLE XIII. 

L'utilite generale du commerce aiant fait 
etablir dans les etats du Roi tres Chretien, des 
tribunaux et des formes particulieres pour ac- 
celerer la dccifion des affaires de commerce, 
les negocians des Etats Unis jouiront du bene- 
fice de ces etabliffernents, et le Congres des 
Etats Unis pourvoira de la maniere la plus con- 
forme a fes lois, a 1'etablhTement des avan- 
tages equivalents en faveur des negociants 
Fran9ais pour la prompte expedition et deci- 
fioii des affaires de la meme nature. 

ARTICLE XIV. 

Les fujets du Roi tres Chretien et les citoy- 
ens des Etats Unis, qui juflifieront authenti- 
quement etre du corps de la nation refpeclive, 
jouiront en confequence de ^exemption de 
tout fervice perfonnel dans le lieu de leur etab- 
liffement. 

ARTICLE XV. 

Si quelqu' autre nation acquiert, en vertu 
d'une convention quelconque, un traitement 
plus favorable reiativement aux pre-eminences, 
pouvoirs, autorite et privileges confulaires, 
les confuls et vice-confuls du Roi tres Chretien, 
ou des Etats Unis, reciproquement, y parti- 
ciperont, aux terrnes {tipules par les articles 
'deux, trois et quatre, du traite d'amitie et de 



t 398 1 

the treaty of amity and commerce, concluded 
between the mod Chriflian King and the Uni- 
ted States. 

ARTICLE XVI. 

The prefent convention mail be in full force 
Duration during the term of twelve years, to be counted 
f this con- from the day of the exchange of ratifications, 
which mail be given in proper form, and ex- 
changed on both fides within the fpace of one 
year, or fooner if poffible. 

In faith whereof, we, Minifters Plenippten-' 
tiary, have figned the prefent convention, 
and have thereto fet the feal of our arms. 



DONE at Verf allies, the i^th of No- 
vember, one theufand fcven hundrec 
and eighty-eight. 

L. C. DE MONTMORIN, (L. s.} 
THOMAS JEFFERSON, (L. s.) 



C - 399 ] 

mimerce conclu entre le Roi tres Chretien er 
les Etats Unis. 

ARTICLE XVI. 

La prefente convention aura fon plein effet 
pendant Pefpace de douze ans a compter du 
jour de Pe'change des ratifications, lefqueHes 
feront donnees en bonne forme et echangees 
de part et d'autre dans 1'efpace d'un an, ou 
plutot fi faire fe peut. 

En foi de quoi, nous, Miniftres Plenipoten- 
tiaires, avons figne la pre'fente conven- 
tion, et y avons fait appofer le cachet dc 
nos armes. 

FAIT a Verf allies i le 14 Novembre, mil fept 
cent quatre-vingt-huit. 

L. C. DE MONTMORIN, (L. s.) 
THOMAS JEFFERSON, (L, s.) 



A Treaty of Peace and Friendfhip 

BETWEEN THE 

UNITED STATES OF AMERICA, 

AND THE 

KINGS, CHIEFS AND WARRIORS 

OF THE 

CREEK NATION OF INDIANS. 



A TREATY of PEACE and FRIENDSHIP 

Made and cvncluded between the Prefident of the 
United States of America, on the Part and 
Behalf of the faid States, and the underfilled 
Kings, Chiefs and Warriors of the Creek 
Nation of Indians, on the Part and Behalf of 
the f aid Nation. 

THE parties being defirous of eftablifhing 
permanent peace and friendfhip between 
the United States and the faid Creek Nation, 
and the citizens and members thereof, and to 
remove the caufes of war by afcertaining their 
limits, and making other necefTary, juft and 
friendly arrangements : The Prefident of the 
United States, by Henry Knox, Secretary for 
the Department of War, whom he hath con- 
ftituted with full powers for thefc purpofes, by 
and with the advice and confent of the Senate 
of the United States, and the Creek Nation, 
by the under figned Kings, Chiefs and Warri- 
ors, reprefenting the faid nation, have agreed 
to the following articles. 

ARTICLE I. 

There (hall be perpetual peace and friend- 
fhip between ?.il the citizen^ ft the United 
Vol. II. i 



[ 402 ] 

peace and States of America, and all the individuals, 
perpetual! towns and tribes of the Upper, Middle and 
Lower Creeks and Senianolies, cofnpofing the 
Creek nation of Indians. 

ARTICLE II. 
The underfigned Kings, Chiefs and Warri- 

ors ' ^ or tnem ^ e ^ ves an d a ^ parts of the Creek 
Nation within the limits of theUnited States, 
of the u. s. do acknowledge themfelves, and the faid parts 
of the Creek nation, to be under the protection 
of the United States of America, and of no 
other fovereign whofoever ; and they alfo fli- 
pulate that the faid Creek Nation will not hold 
any treaty with an individual State, or with in- 
dividuals of any State. 

ARTICLE III. 

The Creek Nation mail deliver as foon as 
Practicable to the commanding officer of the 
troops of the United States, Ilationed at the 
Rock-Landing on the Oconee river, all citi- 
zens of the United States, white inhabitants 
or negroes, who are now prifoners in any part 
of the faid nation. And if any fuch prifoners 
or negroes fliould not be fo delivered, on or 
before the firft day of June enfuing, the gover- 
nor of Georgia may empower three perfons to 
repair to the faid nation, in order to claim and 
receive fuch prifoners and negroes. 

ARTICLE IV. 

The boundary between the citizens of the 
Boundaries. United Sta'tes and the Creek Nation is, and 
mall be, from where the old line ftrikes the 
river Savannah; thence up the faid river to a 
place on the moft northern branch of the fame, 
commonly called the Keowee, where a north- 
eafl line to be drawn from the top of the Oc- 
cunna mountain mall interfecl ; thence along 
the faid line in a fouth-wefl direftjon to Tuge- 



to river ; thence to the top of the Currahee 
mountain; thence to the head or fource of the 
main fouth branch of the Oconee river, called 
the Appalachee; thence down the middle of 
the faid main fouth branch and river Oconee, 
to its confluence with the Oakmulgee, which 
form the river Altamaha ; and thence down 
the middle of the faid Altamaha to the old line 
on the faid river, and thence along the faid old 
Jine to the river St. Mary's. 

And in order to preclude forever all difputes 
relatively to the head or fource of the main 
fouth branch of the river Oconee, at the place 
where it mail be interfered by the line afore- 
faid, from the Currahee mountain, the fame 
mall be afcertained by an able furveyor on the 
part of the United States, who mall be aflifted 
by three old cirizens of Georgia, who may be 
appointed by the Governor of the faid itate, 
and three old Creek chiefs, to be appointed by 
the faid nation ; and the faid furveyor, citi- 
zens and chiefs mall affemble for this pur- 
pofe, on the firft day of October, one thou- 
fand feven hundred and ninety-one, at the 
Rock Landing on the faid river Oconee, and 
thence proceed to afcertain the faid head or 
fource of the main fouth branch of the faid 
river, at the place where it mall be interfec- 
ted by the line aforefaid, to be drawn from 
the Currahee mountain. And in order that 
the faid boundary mall he rendered diftincl: 
and well known, it mail be marked by a line 
of felled trees at lead twenty feet wide, and 
the trees chopped on each fide from the faid 
Currahee mountain, to the head or fource of 
the faid main fouth branch of the Oconee ri- 
ver, and thence down the margin of the faid 
main fouth branch and river Oconee for the 



C 

diftance of twenty miles, or as much farther 
as may be necelfary to mark (Mindly the faici 
boundary. And in order to extinguifh fore- 
ver all claims of the Creek nation, or any pan 
thereof, to any of the land lying to the north- 
ward and eaflward of the boundary herein 
defcribed, it is hereby agreed, in addition to 
the confiderations heretofore made for the 
faid land, that the United States will caufe 
certain valuable Indian goods now in the fiate 
of Georgia, to be delivered to the faid Creek 
nation ; and the faid United States will alfo 
caufe the fum of one thoufand and five hun- 
dred dollars to be paid annually to the faid 
Creek nation. And the underfigned Kings, 
Chiefs and Warriors, do hereby for themfelves 
and the whole Creek nation, their heirs and 
defcendants, for the confiderations above- 
mentioned, releafe, quit claim, relinquifh and 
cede, all the land to the northward and eaft- 
ward of the boundary herein defcribed. 

ARTICLE V. 

The United States folemnly guarantee to 
Cree fc. Nation, all their lands within the 
limits of the United States to the weflward 
and fouthward of the boundary defcribed in 
the preceding article, 

ARTICLE VI. 

IF any citizen of the United States, or other 
perfon not being an Indian, mall attempt to 
Indian fettle on any of the Creeks lands, fuchperfon 
Und? ' mall forfeit the protection of the United States, 
and the Creeks may punifh him or not, as they 
pleafe. 

ARTICLE VII. 
No citizen or inhabitant of the United States 

nor hunt -. ,. - n . 

. n the ihall attempt to hunt or deitroy the game on 
f ^* the Creek lands : Nor foal! any fuch citizen 



[ 405 J 

or inhabitant go into the Creek country, 
without a pafTport firft obtained from the Go- 
vernor of fome one of the United States, or 
the officer of the troops of the United States 
commanding at the neareft military poft on 
the frontiers, or fuch other perfon as the Pre- 
fident of the United States may, from time td 
time, authorize to grant the fame. 

ARTICLE VIII. 

If any Creek Indian or Indians, or perfon 
refiding among them, or who (hall take re- India ? 
fugein their nation, mail commit a robbery or ^im2ab ? 
murder, or other capital crime, on any of the 
citizens or inhabitants of the United States, 
the Creek nation, or town, or tribe to which 
fuch offender or offenders may belong, mall be 
bound to deliver him or them up, to be punifh- 
ed according to the laws of the United States. 

ARTICLE IX. 

If any citizen or inhabitant of the United 
States, or of either of the territorial diftricts citizens 
of the United States, mail go into any town, committing 
fettlement or territory belonging to the Creek indTa" 'ter- 
nation of Indians, and mall there commit any "torytobc 
crime upon, or trefpafs againft the perfon or p 
property of any peaceable and friendly Indian 
or Indians, which if committed within thejurif- 
diction of any ft ate, or within the jurifdiclion 
of either of the faid diftrifts, againfl a citizen 
or white inhabitant thereof, would be punifh- 
able by the laws of fuch ftate or diftrkl:, fuch 
offender or offenders mall be fubjecl to the 
fame punifhment, and mail be proceeded 
againft in the fame manner, as if the offence 
had been committed within the jurifdi&ion of - 
the ftate or diftricl to which he or they may 
belong, againft a citizen or white inhabitant 
.thereof. 



ARTICLE X. 

In cafes of violence on the pcrfons or pro- 
P ert Y f the individuals of either party, neither 
retaliation nor reprifal fnall be committed by 
the other, until fatisfaclion mail have been de- 
manded of the party, of which the aggrefibr is, 
and mall have been refufed. 

ARTICLE XI. 

The Creeks mall give notice to the citizens 
Indians to ^ tne United States of any defigns, which they 
ve notice may know or fufpect to be formed in any 
. neighbouring tribe, or by any perfon whatever, 
' againfl the peace and interefts of the United 
States. 

ARTICLE XII. 

That the Creek nation may be led to a 
greater degree of civilization, and to become 
herdfmen and cultivators, inftead of remaining 

n r i i TT i ^ 

m a Irate or hunters, the United states will 
from time to time furnifh gratuitoufly the faid 
nation with ufeful domeftic animals and im- 
plements of hufbandry. .And further to aflift 
the faid nation in fo defirable a purfuit, and at 
the fame time to eftablifh a certain mode of 
commmunication, the United States will fend 
fuch, and fo many perfons to refide in faid na- 
tion as they may judge proper, and not exceed- 
ing four in number, who fnall qualify them- 
ielves to acl: as interpreters. Thefe perfons mail 
have lands affigned them by the Creeks for 
cultivation, for themfelves and their fuccefTors 
in office ; but they mail be precluded exercif- 
ing any kind of traffic. 

ARTICLE XIII. 

All animofities for pad grievances fhatt 
henceforth ceafe ; and the contracting parties 
will carry the foregoing treaty into full exe- 
cution, with all good faith and fmcerity. 



United 
states to 

make pre- 

fents to 
them 



to 



[ 407 3 

ARTICLE XIV. 

This treaty lliall take effeft and be obliga- 
tory on the contracting parties, as foon as the 
fame fliall have been ratified by the Prelident 
of the United States, with the advice and con- 
fent of the Senate of the United States. 

IN WITNESS of all and every thing herein 
determined, between the United States of 
America and the whole Creek nation, the 
parties have hereunto fet their hands and 
feals, in the city of New- York, within the 
United States, this feventh day of Auguft, 
one thoufand feven hundred and ninety. 

In behalf of the United States, 

^ secretary of War, and fo!e Corn- 
II. KNOX, mirfioncr for treating with the 
j Creek Nation of Indians. 

In behalf of tbcmfel-ves and the whole 
Creek Nation of Indians, 

ALEXANDER M'GILLIVRAY, (L. s.) 

Cufetahs. 

Fujkatcbe Mico y or Birdtail King, M (L. s,) 
Neathlock^ or Second Man, X (L. s.) 

HalletemaUhle^ or Blue Giver M (L. s.) 

Little Tallifee. 

Opay Mico, or the Singer, M (L. s.) 

fotke/hajoit, or Samoniac, W (L. s.) 

Big Tallifee. 

Hopothe Mico, or Tallifee King, M (L. s.) 

Opototache, or Long Side, M (L. s.) 

Tuckabatchy. 

Sohole/Jee, or Young Second Man, M (L. s.) 
QttfeehajbUy or Aleck Cornel, M (L. s.) 

Natches. 
Chinabie, or the Great Natches 

Warrior, X (L. s.) 



4o8 



or the Great 

Natches Warrior's Brother, H (L. s." 

Thakoteehee, or the Mole, M (L. s.) 

Qquakabec, ^ (*- s.) 

Cowetas. 

Tujkenaah, or Big Lieutenant, M (L. s,) 

Homatah, or Leader, M (L. s.) 

Chinnabie, or Matthews, M (L. s.) 

Juleetaulematba, or Dry Pine, kl (L. s.) 

Of the Broken Arrow. 

Chawockly Mico, M (L. s.) 

Coofades. 

Coofades Hopoy, or the Meafurer, M (L. s.) 

Mutbtce, the Miffer, (L. s.) 

Stimafutchkee 9 or Good Humour, X (L. s.) 

Alabama Chief. 

Stilnaleeje, or Difputer, X (L. s.) 

Oakfoys. 

y David Francis, X (L. s.) 



Ztofl? / Prefence of 

Richard Morris, Chief Juftice of the ftate 
of New-York. Richard Varick, Mayor of 
the city of New-York. Marinus Willet. Tho- 
mas Lee Shippen, of Pennfylvania. John Rut- 
ledge, jun. Jofeph Allen Smith. Henry Izard, 

liis 

Jofeph X Cornell, Interpreter. 



ARTICLES 

O F 

AGREEMENT AND CONFEDERATION, 

BETWEEN ' 

United States of North America 

AND THE 

DELAWARE NATION. 



ARTICLES cf AGREEMENT and CONFEDE- 
RATION, made and entered into by Andrew 
and Thomas Lewis, Efquires, Conimijjiomrs 
for, and in Behalf of the United States of 
North- America of the one Part^ and Capt. 
White Eyes, Capt. John Kill Buck, junior, 
and Capt. Pipe, Deputies and Chief Men of 
the Delaware Nation of the other Part. 

ARTICLE I. 

THAT all offences or acts of hoflilities by AH offen- 
one, or either of the contrafting parties c ^ 
againft the other, be mutually forgiven, and 
buried in the depth of oblivion, never more 
to be had in remembrance. 

ARTICLE II. 

That a perpetual peace and friendfhip (hall Peace and 
from henceforth take place, and fubfift between friendship 
the contracting parties aforefaid, through all P er P etual * 
fucceeding generations : and if either of the 
parties are engaged in a juft and neceifary war Incafeof 
with any other nation or nations, that then war, each 
each fhall affiil the other in due proportion to ^ rt J 
their abilities, till their enemies are brought other 
to reafonable terms of accommodation : and 
that if either of them fhall difcover any hof- 
tile defigns forming againfl the other, they 

VOL, II. F 3 



towns o 

rhe/ cne 



/hall give the ear lied notice thereof, that ti- 
meous meafures may be taken to prevent their 
ill effect. 

ARTICLE m, 

And whereas the United States are engag- 

ed in a jud and neceftary war, in defence and 

v. s. to uipport of life, liberty and independence, 

have free againd the King of England and his adherents^ 

paflage to & . r .. T _P . rrrri r r 

forts or and as laid King is yet poneiled or feveral 
p ft s anc [ f or ts on the lakes and other places, 

r . r n r i i r 

the reduction or which is or great importance 
to the peace and fecurity of the contracting 
parties, and as the moil practicable way for 
the troops of the United States to fome of the 
pods and forts is by pafling through the coun- 
try of the Delaware nation, the aforefaid de- 
puties, on behalf of themfelves and their na- 
tion, do hereby dipulate and agree to give a 
free paffage through their country to the 
troops aforefaid, and the fame to conduct by 
the nearell and bed ways to the pods, forts or 
towns of the enemies of the United States * af- 
fording to faid troops fuch fupplies of corn, 
meat, horfes, or whatever may be in their 
power for the accommodation of fueh troops, 
on the commanding officer's, &c. paying, or 
engaging to pay, the full value of whatever 
they can fupply them with. And the faid de- 
puties, on the behalf of their nation, engage 
to join the troops of the United States afore- 
faid, with fuch a number of their bed and moft 
ex P ert warriors as they can fpare, confident 
be fpared, with their own fafetv, and act in concert with 
uoipsof e them > and for the better fecurity of the old 
V. states, men, women and children of the aforefaid 
nation, whild their warriors are engaged 
againd the cormx.on enemy, it is agreed on the 
of the Unit td States, that a fort of fuffi- 



dent flrength and capacity be built at the ex- A fort to 
penfe of the faid States, with fuch afliftance bebuiita 

, i r i r i -TN i garnfoncd 

as it may be in the power or the laid Deia- 
ware Nation to give, in the mod convenient 
place, and advantageous fituation, as ihall be 
agreed on by the commanding officer of the 
troops aforefaid, with the advice and concur- 
rence of the deputies of the aforefaid Delaware 
Nation, which fort mall be garrifoned by fuch 
a number of the troops of the United States, 
as the commanding officer can fpare for the 
prefent, and hereafter by fuch numbers, as the 
wife men of the United States in council, mail 
think moft conducive to the common good. 

ARTICLE IV. 

For the better fecurity of the peace and Ne ; thci 
friendfhip now entered into by the contracting party to 
parties, againft all infractions of the fame by j^mST 
the citizens of either party, to the prejudice of without a 
the other, neither party mall proceed to the { ?* nl ^ 
infliction of punifhments on the citizens of the 
other, otherwile than by fecuring the offender 
or offenders by imprifonment, or any other 
competent means, till a fair and impartial trial 
can be had by the judges or juries of both par- 
ties, as near as can be to the laws, cuftoms and 
ufages of the contracting parties and natural 
juftice : The mode of fuch trials to be hereaf- 
ter fixed by the wife men of the United States 
in Congrefs alfembled, with the afliftance of 
fuch deputies of the Delaware Nation, as may 
be appointed to act in concert with them in 
adjufting this matter to their mutual liking. 
And it is further agreed between the parties 
aforefaid, that neither mall entertain or give 
countenance to the enemies of the other, or Nar p*- 
protect in their r effective ftates, criminal fu- mSaTfug 
j fervants or flaves, but the lame to ap- tives, &ci 



C 4-*- ] 

prebend, and fecure and deliver to the State 
or States, to which fuch enemies, criminals 5 
fervants or Haves refpedively belong. 

ARTICLE V. 

Whereas the confederation entered into by 

the Delaware nation and the United States, 

Agent to renders the firfl dependant on the latter for 

teVfy u?s. al1 the articles of cloathing, utenfils and im- 

to trade plements of war, and it is judged not only rea~ 

DcUwwe fonable, but indifpenfibly neceflary, that the 

nation. aforefaid Nation be fupplied with fuch articles 

from time to time, as far as the United States 

may have it in their power, by a well-regulated 

trade, under the conduct of an intelligent, can- 

did agent, with an adequate falary, one more 

influenced by the love of his country, and a 

conflant attention to the duties of his depart- 

ment by promoting the common intereft, than 

the fmifter purpofes of converting and binding 

all the duties of his office to his private emolu- 

ment: Convinced of the neceflity of fuch mea- 

fures, the Commiflioners of the United States, 

at the earned folicitation of the deputies afore- 

faid, have engaged in behalf of the United 

States, that fuch a trade mall be afforded faid 

nation, conducted on fuch principles of mutual 

interefl: as the wifdom of the United States in 

Congrefs ailembled {hall think mod conducive 

to adopt for their mutual convenience. 

ARTICLE VI. 

u. s. gua- Whereas the enemies of the United States 
rantee to haveendeavoured, by every artifice in their pow- 

thent all rr r i T ' i i i 

territorial er, to poiiels the Indians in general with an opi- 
' ls t ^ le ^ en f tne States afore- 



faid, to extirpate the Indians and take pofTef- 
f lon Q f t j le j r coun try : to obviate fuch falfe 
fuggeflion, the United States do engage to 
guarantee to the aforefaid nation of Delaware^' 



r 413 

and their heirs, all their territorial rights in the 
fullerl and moft ample manner, as it hath been 
bounded by former treaties, as long as they 
the faid Delaware nation {hall abide by, and 
hold fail the chain of friendihip now entered 
into. And it is further agreed on between the 
contracting parties (mould it for the future be 
found conducive for the mutual interell of 
both parties) to invite any other tribes who 
have been friends to the interefl of the United 
States, to join the prefent confederation, and 
to form a ftate whereof the Delaware nation 
{hall be the head, and have a reprefentation in 
Congrefs : Provided, nothing contained in areprefe- 
this article to be conlldered as conclufive un- con^ef* 
til it meets with the approbation of Conorefs. on certaiT1 

* i ir i_ j r i conditions, 

And it is alio the intent and meaning or this 
article, that no protection or countenance 
(hall be afforded to any who are at prefent our 
enemies, by which they might efcape the 
punifhment they deferve. 

IN WITNESS whereof^ the Parties have here- 
unto interchangeably fet their Hands and 
Seals at Fort-Pitt, September feventeenth, 
Anno Domini one thoufand feven hundred 
and feventy -eight* 

Andrew Lewis, (L. s.) 

Thomas Lewis, (L. s.) 

White Eyes, his |xj mark. (L. s.) 

The Pipe, his M mark. (L. s.) 

John Kill Ruck, his X mark. (L. s.) 

IN PRESENCE OF 

Lachn. M'lntofh, B. General, commander 
the weftern department. Daniel Brodhead, 
Col. 8th Pennfylvania regiment. W. Craw- 
ford, Col. John Campbell. John Stephenfon, 



C 414 1 

John Gibfon, Col. 131!! Virginia regiment. 
A. Graham, Brigade Major. Lachn. M c ln- 
toih, jun. Major Brigade. Benjamin Mills. 
Jofeph L. Finley, Capt. 8th Pennfylvania re- 
giment. John Finley, Gapt. 8th Pennfylvania 
regiment. 



Articles of a Treaty 

BETWEEN THE 

UNITED STATES OF AMERICA, 

AND THE 

SACHEMS AND WARRIORS 

OF THE 

Wyandot, Delaware, Ottawa, Chippewa^ Pat* 
tawatima and Sac Nations. 



ARTICLES OF A TREATY 

Made at Fort Harmar, between Arthur St. 
C lair , Governor of the Territory of the 
United States North-Weft of the River Ohio, 
and Commiffioner Plenipotentiary of the United 
States of America, for removing all Caufes 
cf Controverfyi regulating Trade ', and fettling 
Boundaries^ with the Indian Nations in the 
Northern Department , of the one Part ; and 
the Sachems and Warriors of the Wyandot, 
Delaware, Ottawa, Chippewa, Pattawati- 
ma and Sac Nations, on the other Part. 

ARTICLE L 

WHEREAS the United States in Con- 
grefs aflembled, did, by their Com- 
miflioners George Rogers Clark, Richard 
Butler, and Arthur Lee, Efquires, duly ap- 
pointed for that purpofe, at a treaty holden 
with the Wyandot, Delaware, Ottawa and 
Chippewa nations, at Fort M'Intom, on the 
twenty-firft day of January, in the year of our' 
Lord one thoufand feven hundred and eighty- 
five, conclude a peace with the Wyandots, 
Delawares, Ottawas and Chippewas, and 



Two per- 



to 
be reained 

Imtiicer- 



ftored? 



Boundary 
line, for- 



cd& con- 



them into their friendship and protection : And 
whereas at the faid treaty it was Stipulated that 
all prifoners that had been made by thofe na- 
tions, or either of them, Should be delivered 
up to the United States. And whereas the 
feid nations have now agreed to and with the 
aforefaid Arthur St. Glair, to renew and con- 
firm all the engagements they had made with 
the United States of America, at the before 
mentioned treaty, except fo far as are altered 
by thefe prefents. And there are now in the 
pofTeSTion of fome individuals of thefe nations, 
certain prifoners, who have been taken by 
others not in peace with the faid United States, 
or in violation of the treaties fubfifting be- 
tween the United States and them ; the faid 
nations agree to deliver up all the prifoners 
now in their hands (by what means foever they 
may have come into their porTeflion) to the faid 
Governor St. Clair, at Fort Harmar, or in his 
abfence, to the officer commanding there, as 
foon as conveniently may be ; and for the true 
performance of this agreement, they do now 
agree to deliver into his hands, two perfons 
of the Wyandot Nation, to be retained in the 
hands of the United States as hoitages, until 
the faid prifoners are reftored ; after which 
they mail be fent back to their nation. 

ARTICLE II. 

And whereas at the before mentioned trea- 
ty it was agreed between the United States and 
feid nations, that a boundary line fiiould be 
fixed between the lands of thofe nations and 
the territory of the United States ; which 
boundary is as follows, viz. Beginning at the 
mouth of Cayahoga river, and running thence 
up the faid river to the portage between that 
and the Tufcarawa branch of MuSkingum, 



C 417 ] 

then down the faid branch to the forks at the 
eroding- pi ace above fort Lawrence, thence 
wefterly to the portage on that branch of the 
Big Miami river which runs into the Ohio, at 
the mouth of which branch the fort flood 
which was taken by the French in the year of 
our Lord one thoufand feven hundred and fifty- 
two, then along the faid portage to the Great 
Miami or Omie river, and down the fouth-eaft 
fide of the fame to its mouth ; thence along 
the fouthern more of Lake Erie to the mouth 
of Cayahoga, where it began. And the faid 
Wyandot, Delaware, Ottawa and Chippewa 
Nations, for and in confideration of the peace 
then granted to them by the faid United States, 
and the prefents they then received, as well as 
of a quantity of goods to the value of fix 
thoufand dollars, now delivered to them by 
the faid Arthur St. Clair, the receipt whereof 
they do hereby acknowledge, do by thefe pre- 
fents renew and confirm the faid boundary 
line ; to the end that the fame may remain as 
a divifion line between the lands of the United 
States of America, and the lands of faid na- 
tions, forever. And the underfigned Indians and lands 
do hereby in their own names, and the names 
of their refpective nations and tribes, their* 
heirs and defendants, for the confideration 
above-mentioned, releafe, quit claim, rejin- 
quifli and cede to the faid United States, all 
the land eaft, fouth and weft of the lines above 
defcribed, fo far as the faid Indians formerly 
claimed the fame ; for them the faid United 
States to have and to hold the fame in true 
and abfolute propriety forever. 

* ARTICLE III. 

The United States of America do by thefe 
presents relinquim and quit claim to the faid 
VOL. II. G i 



C 418 ] 

u. s. quit nations refpeclively, all the lands lying be- 
c t a ,Tin tween the limits above described, for them the 
lands bur faid Indians to live and hunt upon, and other- 
t" bTatT w ^ e to occupy as they (hall fee fit: But the 
faid nations, or either of them, frail not be at 
liberty to fell or difpofe of the fame, or any 
part thereof, to any fovereign power, except 
the United States ; nor to the iubjects or citi- 



v r 



an i ove- 
rc g:i IHi\ 

or, x- 

cep: to tin zens of any other fovereign power, nor to the 
fubjeds or citizens of the United .States. 



oi one p 

t\ co ..ni 

tin nur 



ARTICLE IV, 

It is agreed between the faid United States 
tne fo*d nations, that the individuals of 
hunt n f a id na tions fliall be at liberty to hunt within 
ceded to the territory cedi.d to the United States, with- 
u. s. out hindrance or moleitation, fo long as they 
demean themfelves peaceably, and offer no in- 
jury or annoyance to any of the fubjecls or ci- 
tizens of the faid United States. 

ARTICLE V. 

individual* It is agreed that if any Indian or Indians of 
t ne na tioiis before mentioned, mall commit a 

, . r . . . r 

murder or robbery on any or the citizens of 
ber^onVhe t ^ le U n ^ te ^ States, the nation or tribe to which 
oth-r, to in the offender belongs, on complaint being made, 
delivered ma jj deliver up the perfon or perfons corn- 

up ior tna . . _ r n nriTT-t 

plained of, at the neareit pott or the United 
States ; to the end, that he or they may be tried, 
and if found guilty, punifhed according to the 
laws eftabliihed in the territory of the United 
States north-weft of the river Ohio, for the 
punifhment of fuch offences, if the fame fliall 
have been committed within the faid territory ; 
or according to the laws of the State where 
the offence may have been committed, if the 
fame has happened in any of the United States. 
In like manner, if any fubjecl or citizen of the 



I 419 J 

United States fhall commit murder or robbery 
on any Indian or Indians of the faid nations, 
upon complaint being made thereof, he )r 
they (hall be arrefted, tried and punifhed agree- 
able to the laws of the (late or of the territory 
wherein the offence was committed; that no- 
thing may interrupt the peace and harmony 
now eftabliflied between the United States and 
faid nations. 

ARTICLE VI. 

And whereas the practice of dealing horfes p er fon3 
has prevailed very much, to the great diiquiet IK '^-e 

r r i T T i -r P l > ' 

or the citizens of the United btates, and if F ot fusing 
perfiited in, cannot fail to involve both the |j h s h ; 
United Slates of America and the Indians in to be re- 
endlefs animofity, it is agreed that it fliall be claimed h >' 

CMC mrtv 

put an entire flop to on both fides ; neverthe- fo n-h,, 
lefs, (hould foine individuals, in defiance of ^ bc ~ 
this agreement, and of the laws provided 
againft fuch offences, continue to make depre- 
dations of that nature, the perlon convifted 
thereof fliall be punifhed with the utmofl fe- 
verity the laws of the refpedlive dates, or ter- 
ritory of the United States north-weft of the 
Ohio, where the offence may have been com- 
mitted, will admit of: And ail horfes fo ftolen, 
either by the Indians from the citizens or 
fubjecls of the United States, or by the citi- 
zens or fubjefts of the United States from any 
of the Indian nations, may be reclaimed, into 
whofe poffeflion focver they may have paffed, 
and, upon due proof, fliall be reftored ; any 
fales in market ouvert, notwithflanding. And 
the civil magiflrates in the United States re- 
fpeclively, and in the territory of the United 
otates north-weft of the Ohio, fliall give all 
neceffary aid and protection to Indians claim- 
ing fuch ftolcn horfes. 



[ 420 J 

ARTICLE VII. 

Trade to Trade fhall be opened with the faid nations, 
with P t e he an d they do hereby refpeclively engage to af- 
Ind 'rot ec ^ rC * P rote ^ on to tne perfons and property of 
tioa afford- f ucn as niay be duly licenfed to refide among 

Kce'nfed^o ^ Gm *" or e P 111 "? 01 ^ 8 f trade, and to their 
reGde ' agents, fa&ors and fervants ; but no perfon 
ma ^ ^ e P erm ^ ttet ^ to refide at their towns, or 
at their hunting camps, as a trader, who is 
not furnifhed with a licence for that purpofe, 
under the hand and feal of the Governor of 
the territory of the United States north-weft 
of the Ohio, for the time being, or under the 
hand and feal of one of his deputies for the 
management of Indian affairs ; to the end that 
they may not be impofed upon in their traf- 
fic. And if any perfon or perfons lhall in- 
m ~ truc ^ e themfelves without fuch licence, they 
without li- promife to apprehend him or them, and to 

append. brm g thcm to the faid Governor, or one of his 
ed & deli, deputies, for the purpofe before mentioned, 

^redup. to ^ e j ea | t w - t j 1 accor( Ji n g to J aw: ^ nc l tnat 

they may be defended againft perfons who 
might attempt to forge fuch licences, they 
further engage to give information to the faid 
Governor, or one of his deputies, of the 
names of all traders refiding among them from 
time to time, and at leaft once in every year. 

ARTICLE VIII. 

immediate Should any nation of Indians meditate a 
notice to be war agaiiiil the United States, or either of 
w^of them, and the fame mall come to the know- 
harm ledge of the before mentioned nations, or either 
bewdlia- ^ tnem 5 they do hereby engage to give im- 
ting agdnft mediate notice thereof to the Governor, or 
either par- m m ' s abfence to the officer commanding the 

troops of the United States at the neareft pod. 

And mould any nation with hoftile intentions 



[ 421 ] 

againft the United States, or either of them, 
attempt to pafs through their country, they 
will endeavour to prevent the fame, and in 
like manner give information of fuch attempt 
to the faid Governor or commanding officer, 
as foon as poffible, that all caufes of miftruft 
and fufpicion may be avoided between them 
and the United States : In like manner the 
United States (hall give notice to the faid In- 
dian nations, of any harm that may be medi- 
tated againft them, or either of them, that 
mail come to their knowledge ; and do all in 
their power to hinder and prevent the fame, 
that the friendship between them may he un- 
interrupted. 

ARTICLE IX. 

If any perfon or perfons, citizens or fub- 
iefts of the United States, or any other perfon hc out of 

.. IT nii r r i the protec- 

not being an Inaian, ihall prelume to fettle t joo of the 
upon the lands confirmed to the faid nations, | s ' f j. f ttle 
he and they (hall be out of the protection of onThe 
the United States ; and the faid nations may ^ nds ( ?? 

. n , . r i r the Indians* 

puniih him or them in fuch manner as they fee 
lit. 

ARTICLE X. 

The United States renew the refervations Referva . 
heretofore made in the before mentioned trea- tion of 
ty at Fort M'Intofh, for the eftablifliment of |g*j; 
trading pods, in manner and form following; for trading 
that is to fay : Six miles fquare at the mouth pofts * 
of the Miami or Omie river ; fix miles fquare 
at the portage upon that branch of the Miami 
which runs into the Ohio ; fix miles fquare 
upon the lake Sandufky where the fort for- 
merly flood ; and two miles fquare upon each 
fide the Lower Rapids on Sandufky river, 
which pods, and the lands annexed to them, 
mail be for the ufe and under the government 
of the United States. 



[ 422 ] 

ARTICLE XL 

The pnft at The poft at Detroit, with a diftrift of land 
beginning at the mouth of the river R >fme, 
at the weft end of lake Erie, and running up 
the fouthern bank of faid river iix miles ; 
thence northerly, and always fix miles weft of 
the flrait, until it itrikes the lake St. Glair, 
fhall be referved for the ufe of the United 
States. 

ARTICLE XII. 

The poft at In like manner the poft at Michelimackinac, 
MicHc'i- with its dependencies, and twelve miles fquare 
&c? r aC> about the lame, fhall be referved to the fole 
fcrved. ufe O f the United States. 

ARTICLE XIII. 

Peace and ^ ne United States of America do hereby 
renew and confirm the peace and friend/hip 
entered into with the faid nations, at the treaty 
before mentioned, held at Fort M'Intofh; and 
the laid nations again acknowledge themfelves, 
and all their tribes, to be under the protection 
of the faid United States, and no other pow- 
er whatever. 

ARTICLE XIV. 

The na- The United States of America do alfo re- 

tiontof ceive into their friendfhip and protection, the 
mas'sTsacs nations of the Pattiwatimas and Sacs ; and 
received in- do hereby eftablifh a league of peace and 
u "s. amity between them refpeclively ; and all the 
articles of this treaty, fo far as they apply to 
thefe nations, are to be comldered as made 
and concluded in all, and every part, expre'sly 
with them and each of them. 

ARTICLE XV. 

And whereas in defcribing the boundary be- 
rther * re mentioned > tne words, if ftrictly conftruc- 
, ted, would carry it from the portage on that 
branch of the Miami, which runs into the 



J 

Ohio, over to the river Au Glaize ; which 
was neither the intention of the Indians, nor 
of the Commiflioners ; it is hereby declared, 
that the line (hall run from the-faid portage di- 
rectly to the firft fork of the Miami river, 
which is to the ibuthward and eaftward of the 
Miami village, thence down the main branch 
of the Miami river to the faid village, and 
thence down that river to Lake Erie, and 
along the margin of the lake to the place of 
beginning. 

DONE at Fort Harmar, on the Mujkingnm, 
this ninth Day of January ', in the Tear of 
our Lor d one thottfand feven hundred and 
eighty -nine. In Witnefs whereof, the Par- 
ties have hereunto interchangeably fet their 
Hands and Seals. 

Ar. St. Clair, ( L. sj 
Peoutcwatamie, (L. s.} 
Konatikina, ( L. s.) 

^Tepakee y (L.S.) 

iKeJkeyiva, (L. s.) 

C Mefafs, CL. s. ) 

Chipeways. < Paujhqua/b^ (L. s. ) 

(L. s.} 



Ottawa*, 

iNeagey, (L.S.) 

C Wind i go, (L. s. ) 

Peoutewatamies. \Wapaftea 9 (L. s.) 

(_ Nequea, (L. s.) 

r Captain Pipe, (L. s.) 

Delaware*. J Wingenond, (L. s.) 

1 Pekelan, (L. s.) 

I Teataway? (L. s.} 

cl\anamakcak, ( L. s.) 

~,. \ Wctenafa, ( L. s.) 

Chipewavs, < n L < 

1 ^ojkenc, (L. s.} 

I Peivanakum? (L. s.} 






[ 424 ] 



Wyandots, 



r Teyandat 'on 'Tec, (L. s.J 
C hey awe, (L. s.} 

Doueyenteat, ( L. ,s.J 

Tarbe, (L. s.) 

Terhataw, ( L. s.) 

Datafay, ( 'L. s.J 

Maudoronk, CL. s*J 

Skahojuat, (L. s.} 

In Prefence of 

Jof. Harmar, Lt. Col. Comt. ift U. S. 
Regt. and Brigr. Genl. by Brevet. Richard 
Butler. Jno. Gibfon. Will. Me. Curdey, Capt. 
E. Denny, Enf. ift U. S. Regt. A. Hartfhorn, 
Enf. Robt. Thompfon, Enf. ift U. S. Regt. 
Frans. Lufe, Enf. J. Williams, jun. Wm. 
Wilfon. Jofeph Nicholas. James Rinken. 

Wy?ndots ^ e l * remember cd^ That the Wyandots have 
tviiidifpof- laid claim to the lands that were granted to 
Sllwantfc, the Shawanefe, at the treaty held at the 
if the latter Miami, and have declared, that as the Shaw- 
anefe have been fo refllefs, and caufed fo 
much trouble, both to them and to the United 
States, if they will not now be at peace, they will 
difpoffefs them, and take the country into 
their own hands ; for that the country is theirs 
of right, and the Shawanefe are only living 
upon it by their perrniUion. They further lay 
claim to all the country weft of the Miami 
boundary, from the village to the lake Erie, 
and declare that it is now under their manage- 
ment and direction. 

Separate Article. 

Wy- Whereas the Wyandots have reprefented, 
andot vfi- that within the refervation from the river Ro- 
iin-hc re' " f ine along the Strait, they have two villages 
fervations, from which they cannot with any convenience 
d?fturt*d. remove ; it is agreed, that they fhall remain 
in porTeHioJi of the fame, and fhall not be in 
any manner diflutbed therein.- 



A TREATY 

O F 

PEACE AND FRIENDSHIP 

BETWEEN THE 

Prefident of the United States of America, 

AND THE 

CHIEFS AND WARRIORS 

OF THE 

CHEROKEE NATION OF INDIANS. 



A TREATT of PEACE and FRIENDSHIP 

made and concluded between the Prefident of 
the United States of America, on the Part 
and Behalf of the faid States, and the under- 

J J J * 

figned Chiefs and Warriors of the Cherokee 
Nation of Indians, on the Part and Behalf 
of the faid Nation. ^ 

THE parties being defirous of eflablifhing 
permanent peace and friendship between 
the United States and the faid Cherokee Na- 
tion, and the citizens and members thereof, 
and to remove the caufes of war, by afcertain- 
ing their limits and making other necefiary, 
juft and friendly arrangements : The Prefi- 
dent of the United States, by William Blount, 
Governor of the territory of the United States 
of America, fouth of the river Ohio, and Su- 
perintendant of Indian affairs for the fouthern 
diftricl:, who is vefted with full powers for 
thefe purpofes, by and with the advice and 
confent of the Senate of the United States : 
And the Cherokee Nation, by the underfign- 
ed Chiefs and Warriors reprefenting the faid 
nation, have agreed to the following articles, 
namely : 

VOL. II. H3 



ARTICLE I. 

Peace and There fliall be perpetual peace and friend - 
mi P between all the citizens of the United 
States of America, and all the individuals 
compofmg the whole Cherokee nation of In- 
dians. 

ARTICLE II. 

Indian? ac- The underfigned Chiefs and Warriors, for 
knowledge themfelves and all parts of the Cherokee na- 
pf U.S. tion, do acknowledge themfelves and the faid 
Cherokee nation, to be under the protection 
of the United States of America, and of no 
other fovereign whoibever ; and they alfo fti- 
pulate that the faid Cherokee nation will not 
hold any treaty with any foreign power, indi- 
vidual flate, or with individuals of any (late. 

ARTICLE III. 

The Cherokee nation fliall deliver to the 
Prifoners Governor of the territory of the United States 
flored rc ~ ^ America, fruth of the river Ohio, on or 
before the firfl day of April next, at this place, 
all perfons who are now prifoners, captured 
by them from any part of the United States : 
And the United States (hall on or before the 
fame day, and at the fame place, reftore to the 
Cherokees, all the prifoners now in captivity, 
which the citizens of the United States have 
captured from them. 

ARTICLE IV. 

The boundary between the citizens of the 
United States and the Cherokee nation, is 
and (hall be as follows : Beginning at the top 
of the Currahee mountain, where the Creek 
line paries it ; thence a direct line to Tugelo 
river ; thence north eaft to the Occunna 
mountain, and over the fame along the South- 
Carolina Indian boundary to the North-Caro- 
lina boundary ; thence north to a point from 



[ 427 3 

which a line is to be extended to the river Boundaries. 
Clinch, that fhall pafs the Holfton at the ridge 
which divides the waters running into Little 
River from thofe running into the TenneiTee ; 
thence up the river Clinch to Campbell's line, 
and along the fame to the top of Cumberland 
mountain ; thence a direcl line to the Cum- 
berland river where the Kentucky road crolfes 
it ; thence down the Cumberland river to a 
point from which a fouth weft line will ftrike 
the ridge which divides the waters of Cum- 
berland from thofe of Duck river, forty miles 
above Nafhville ; thence down the faid ridge 
to a point from whence a fouth weft line will 
ftrike the mouth of Duck river. 

And in order to preclude forever all dif- 
putes relative to the faid boundary, the fame 
mail be afcertained, and marked plainly by 
three perfons appointed on the part of the 
United States, and three Cherokees on the 
part of their nation. 

And in order to extinguish forever all claims 
of the Cherokee nation, or any part thereof, 
to any of the land lying to the right of the line 
above defcribed, beginning as aforefaid at the 
Currahee mountain, it is hereby agreed, that 
in addition to the connderation heretofore 
made for the faid land, the United States will 
caufe certain valuable goods, to be immediate- 
ly delivered to the underfigned Chiefs and 
Warriors, for the ufe of their nation ; and 
the faid United States will alfo caufe the fum 
of one thoufand dollars to be paid annually 
to the faid Cherokee nation. And the under- 
figned Chiefs and Warriors, do hereby for 
themfelves and the whole Cherokee nation, 
their heirs and clefcendants, for the confidera- 
rions above-mentioned, releafe, quit-claim, re- 



[ 428 ] 



u. states 

t'radef la 



Guarantee. 



on Indian 
lands. 



Nor hunt 



Indians to 



hnquijh and cede^ all the land to the right of 
the line defcribed, and beginning as aforefaid. ! 

, ARTICLE V. 

^ ' 1S ^P u ^ ate( i and agreed, that the citizens 
and inhabitants of theUnited States, ihall have 
a free and unmolefted ufe of a road from 
Wafhington diftnct to Miro diftricl:, and of 
the navigation of the Tenneflee river. 

ARTICLE VI. 

It is agreed on the part of the Cherokees, 

that the United States &*& have the fole and 

exclufive right of regulating their trade. 
ARTICLE VII. 

The United States folemnly guarantee to 
the Cherokee nation, all their lands not here- 
by ceded. 

ARTICLE VIII. 

If any citizen of the United States, or other 
P erfon not bein g an Indian, mallfettle on any 
of the Cherokee's lands, fuch perfon {hall 
forfeit the protection of the United States, 
and the Cherokees may punifh him or not, 
as they pleafe. 

ARTICLE IX. 

No citizen or inhabitant of the United States, 
fhall attempt to hunt or deftroy the game on 
the lands of the Cherokees ; nor mail any ci- 
tizen or inhabitant go into the Cherokee coun- 
try, without a paflport firfl obtained from the 
Governor of fome one of the United States, 
or territorial diflricls, or fuch other perfon as 
the Prefident of the United States may from 
time to time authorize to grant the fame. 
ARTICLE X. 

If any Cherokee Indian or Indians, or per- 
f n refiding among them, or who {hall take 
refuge in their nation, mall fteal a horfe from, 



[ 429 ] 

or commit a robbery or murder, or other ca- 
pital crime, on any citizens or inhabitants of 
the United States, the Cherokee nation (hall 
be bound to deliver him or them up, to be 
puniihed according to the laws of the United 
States. 

ARTICLE XL 

If any citizen or inhabitant of the United citizens of 
States, or of either of the territorial diftricts of u ; s ; com - 
the United States, mail go into any town, fet- SjirS g in 
tlement or territory belonging to the Chero- Indian t( ?" 

i n 11 i_ ntorytobc 

kees, and mall there commit any crime upon, p 
or trefpafs againft the perfon or property of 
any peaceable and friendly Indian or Indians, 
which if committed within the jurifdi&ion of 
any flate, or within the jurifdiclion of either 
of the faid diftrifts, againft a citizen or white 
inhabitant thereof, would be punifhable by 
the laws of fuch flate or diftricl, fuch offender 
or offenders, mall be fubjeft to the fame pu- 
nimment, and mall be proceeded againft in 
the fame manner as if the offence had been 
committed within the jurifdiclion of the ftate 
or diftricl to which he or they may belong, 
againft a citizen or white inhabitant thereof, 

ARTICLE XII. 

In cafe of violence on the perfons or pro- 
perty of the individuals of either party, neither retrained 
retaliation or reprifal fhall be committed by 
the other, until fatisfa&ion mall have been 
demanded of the party of which the aggref- 
for is, and fhall have been refufed. 

ARTICLE XIII. 

The Cherokees mail give notice to the ci- 
tizens of the United States, of any defigns ticcofdc- 
which they may know, or fufpecl to be form- ^ 
cd in any neighbouring tribe, or by any perfon 



[ 43 ] 

whatever, againft the peace and intereil of the 
United States. 

ARTICLE XIV. 

u. states to That the Cherokee nation may be led to a 
make pre- greater degree of civilization, and to become 
herdfmen and cultivators, inftead of remain- 
ing in a date of hunters, the United States 
will from time to time furnifh gratuitoufly the 
faid nation with ufeful implements of hufban- 
dry, and further to affift the faid nation in fo 
defirable a purfuit, and at the fame time to 
eftablifh a certain mode of communication, 
the United States will fend fuch, and fo many 
perfons to refide in faid nation as they may 
judge proper, not exceeding four in number, 
who mall qualify themfelves to act as inter- 
preters. Thefe perfons mail have hnds af- 
iigned by the Cherokees for cultivation for 
themfelves and their fucceffors in office ; but 
they mall be precluded exercifing any kind of 
traffic. 

ARTICLE XV. 

Ammofi- All animofities for pad grievances mall 
henceforth ceafe, and the contracting parties 
will carry the foregoing treaty into full exe- 
cution with all good faith and fmcerity. 

ARTICLE XVI. 

This treaty fhall take effect and be obligato- 
r y on tne contracting parties, as foon as the 
fame fhall have been ratified by the Prefident 
of the United States, with the advice and con- 
fent of the Senate of the United States. 

IN WITNESS of all and every thing herein 
determined between the United States of Ame- 
rica and the whole Cherokee nation, the parties 
have hereunto fet their hands and feals, at the 
Treaty Ground on the bank of the Holflon, 
near the mouth of the French Broad, within 



[ 4 3 i 3 

the United States, this fecond day of July, in 
the year of our Lord, one thoufand feven hun- 
dred and ninety-one. 

WILLIAM BLOUNT, (z. s.) 

Cover nsr in and over the Territory of the 
United States of America, fouth of the Ri- 
ver Ohio, and Superlntendant of Indian 
Affairs for the Southern Diftrift. 

Chuleoah, f or the Boots, z. s. 

Squollecuttah, f or Hanging Maw, z. s. 

Occunna, t or the Badger, z. s. 

Enoleh, t or Black Fox, z. s. 

Nontuaka, t or the Northward. z. s. 

Tekakiika, t s. 

Chutloh, t or King Fifher, z. s. 

Tuckafeh, f or Tarrapin, z. s. 

Kateh, t L. s. 

Kunnochatutloh, t or the Crane, z. s. 

Cauquillehanah, t or the Thigh, z. s. 

Chefquotteloneh, f or Yellow Bird, z. s. 

Chickafawtehe, t or Chickafaw Killer, z. s. 

Tufkegatehe, t Tufkega Killer, z. s. 

Kulfatehe, t /> s. 

Tinkfhalene, f L. s. 

Sawutteh, f or Slave Catcher, z. s. 

Aukuah, t L. s. 

Oofenaleh, f z. s. 

Kenotetah, t or Rifmg Fawn, z. s. 

Kanetetoka, f or Standing Turkey, z. s. 

Yonewatleh, f or Bear at home, z. s. 

Long Will, f L. s. 

Kunoikefkie, t or John Watts, z. s. 

Nenetooyah, t or Bloody Fellow, z. ,?. 

Chuquilatague, f or Double-Head, z. s. 

Koolaquah, t or Pig Acorn, z. s. 

Toowayelloh, t or Bold Hunter, z. s. 
Jahle-oonoyehka, t or Middle Striker, z. s. 



Kinnefah, t or Cabin, L. s< 

Tullotehe, f or Two Killer, z. s. 

Koulouike, f or Stopt Still, L. s, 

Kulfatehe, f L. s. 
Auquotague, t theLittleTurkey'sSon, L. s. 

Talohtefke, t or Upfetter, z. s. 

Cheakonefke, t or Otter Lifter, z. s. 

Kefhukaune, t or She Reigns, L. s. 

Toonaunailoh, t L. s. 
Teefteke, f or Common Difturber, z. s. 

Robin M'Clemore, z. s. 

Skyuka, z, 5, 
John Thompfon, Interpreter. 
James Cery, Interpreter* 

DONE IN PRESENCE OF 

Daniel Smith, Secretary of the Territory of 
the United States ^fouth of the River Ohio. 
Thomas Kennedy, of Kentucky. 
James Robertfon, of Mero Diftrift. 
Claiborne Watkins, of Virginia. 
Jno. M'Whitney, of Georgia. 

Fauche, of Georgia. 
Titus Ogden, North- Carolina. 
John Chifolm, of Walhington Diftrift, 
Robert King. 
Thomas Gegg, 



Articles of a Treaty 

BETWEEN THE 

UNITED STATES OF AMERICA, 

AND THE 

CHEROKEE INDIANS. 



WHEREAS the treaty made and con- 
cluded onHolfton river, on the fecond 
day of July, one thoufand feven hundred and 
ninety-one, between the United States of Ame- 
rica and the Cherokee nation of Indians, has 
not been fully carried into execution by reafoa 
of fome mifunderftandings which have arifen. 

ARTICLE I. 

And whereas the underfigned Henry KnoX, 
Secretary for the department of War, be- ^^J of 
ing authorized thereto by the Prefident of binding, 
the United States, in behalf of the faid United 
States, and the underfigned Chiefs and Warri- 
ors, in their own names, and in behalf of the 
whole Cherokee nation, are defirous of re-efta- 
blifhing peace and friendfhip between the faid 
parties in a permanent manner, Do hereby de- 
clare, that the faid treaty of Holfton is, to all 
intents and purpofes,in full force and binding 
upon the faid parties, as well in refpect to 
the boundaries therein mentioned as in all 
other refpecls whatever. 

ARTICLE II. 

It is hereby ftipulated that the bounda- 
ries mentioned in the fourth article of the faid Boundaries 
treaty, fhall be actually afcertained and marked to b f , 

* J ,- , i i i <* i .1 marked, 

m the manner prefcnbed by the faid article, 
whenever the Cherokee nation fhall have nine* 
VOL. II. I 3 



C 434 ] 

ty days notice of the time and place at whicjil 
the commiflioners of the United States intend-! 
to commence their operation. 

ARTICLE III. 

The United States, to evince their juflice by 
Annual ai- amply compenfating the faid Cherooke nation 
lowance of o f Indians for all relinquimments of land made 
either by the treaty of Hopewell upon the Keo- 
wee river, concluded on the twenty-eighth of 
November, one thoufand fevcn hundred and 
eighty five, or the aforefaid treaty made upon 
Holfton river, on the fecond of July, one thou- 
fand feven hundred and ninety-one, do here-. 
by flipulate, in lieu of all former fums to be 
paid annually to furnifh the Cherokee Indians 
with goods fuitable for their ufe,to the amount 
of five thoufand dollars yearly. 

ARTICLE IV. 

for every And the faid Cherokee nation, in order 
aumtobe to evm ce the fmcerity of their intentions in 
deduced future,to prevent the practice of dealing horfes, 
attended with the moft pernicious confe- 
quences to the lives and peace of both parties, 
do hereby 'agree, that for every horfe which 
fhall be ftolen from the white inhabitants by 
any Cherokee Indians, and not returned with- 
in three months, that the Aim of fifty dollars 
mail be deducted from the faid annuity of five 
thoufand dollars. 

ARTICLE V. 

Thefe arti- Th e articles now flipulated will be con- 
eiesinad- fidered as permanent additions to the treaty 
treaty of of Holfton, as foon as they mall have been ra- 
Hoiflon. tified by the Prefideut of the United States and 
the Senate of the United States. 



[ 435 3 

/ 

IN WITNESS of all and every thing herein 
determined between the United States of 
America and the whole Cherokee nation, 
the parties have hereunto let their hands 
and ieals in the city of Philadelphia, with- 
in the United States, this twenty-fixth day 
of June, in the year of our Lord one thou- 
fand feven hundred and ninety-four. 

H. KNOX, Secretary of War. (L. s.) 
Tekakifskee, x or 

Taken out of the Water. (L. s.) 

;aka, x or the Northward* (L. s.) 

JLinafaw, L or the Cabin. (L. s.) 

',-a. (L. s.) 

mfcuquilatague) D H or Double Head. (L. s.) 

*Job/i M'C lee more, x (L. s.) 

Wala/ue, J or the Humming Bird. (L. s.) 

mhuleowee. a (L. s.) 

Uftanaqua. x (L. s.) 

Kullufathec. (L. s.) 

Site ah a. x (L. s.) 

Kecnaguna, x or the Lying Fawn. (L. s.) 

Chatakaelefa^ or the Fowl Carrier. (L. s.) 

Done in the Prefence of 

John Thompson. ? T * 

Arthur Coodey] \ **&&**> 

Cantwell Jones, of Delaware. 

William W afford^ of the flate of Georgia, 

W. M'Caleb, of South-Carolina. 

Samuel Lewis, of Philadelphia. 






A TREATY 

BETWEEN THE 

UNITED STATES OF AMERICA, 

AND THE 

TRIBES OF INDIANS 

CALLED THE 

SIX NATIONS. 



THE Prefident of the United States having 
determined to hold a conference with 
the Six Nations of Indians, for the purpofe of 
removing from their minds all caufes of com- 
plaint, and eftab lifting a firm and permanent 
friendfhip with them ; and Timothy Pickering 
being appointed fole agent for that purpofe ; 
and the agent having met and conferred with 
the Sachems, Chiefs and Warriors of the Six 
Nations, in a general council : Now, in order 
to accomplifh the good defign of this confer- 
ence, the parties have agreed on the following 
articles ; which, when ratified by the Prefident, 
with the advice and confent of the Senate of 
the United States, {hall be binding on them 
and the Six Nations. 

ARTICLE I. 

Peace and friendfhip are hereby firmly cfla- Peace and 
blifhed, and fhall be perpetual, between the friendfhip 
United States and the Six Nations. perpetual. 

ARTICLE II. 

The U-iited States acknowledge the lands Ccrtain 
TefervTd to the Oneida, Onondaga and Cay- lands fe- 
uga Nations, in their refpective treaties with ^faus? 
the ftate of New- York, and called their refer- 
vations, to be their property ; and the United 



States will never claim the fanie, nor diiturb 
them or either of the Six Nations, nor their 
Indian friends refiding thereon and united with 
them, in the free ufe and enjoyment thereof: 
but the faid refervations mall remain theirs, 
until they choofe to fell the fame to the people 
of the United States, who have the right to 
purchafe. 

ARTICLE III. 

Boundary The land of the Seneka nation is bounded 
belong^ as follows : Beginning on Lake Ontario, at 
to seneka the north -weft corner of the land they fold to 
Oliver Phelps, the line runs wefterly along 
the lake, as far as O-yong-wong-yeh Creek, 
at Johnfon's Landing-place, about four miles 
eaftward from the fort of Niagara ; then 
foutherly up tht creek to its main fork, then 
ftraight to the main fork of Sted man's creek, 
which empties into the river Niagara, above 
fort SchloiTer, and then onward, from that 
fork, continuing the fame ftraight courfe, to 
that river ; (this line, from the mouth of O- 
yong-wong-yeh Creek to the river Niagara, 
above fort SchiofTer, being the eaftern boun- 
dary of a ftrip of land, extending from the 
fame line to Niagara river, which the Seneka 
nation ceded to the King of Great-Britain, at 
a treaty held about thirty years ago, with Sir 
William Johnfon;) then the line runs along 
the river Niagara to Lake Erie ; then along 
, Lake Erie to the north-eaft corner of a trian- 
gular piece of land which the United States 
conveyed to the ft ate of Pennfylvania, as by 
the Prefident's patent, dated the third day of 
March, 1792 ; then due fouth to the northern 
boundary of that ftate ; then due eaft to the 
fouth-weft corner of the land fold by the Se- 
neka nation to Oliver Phelps j and then north 



Six Nations 



C 439 ] 

and northerly, along Phelps's fine, to the 
place of beginning on Lake Ontario. Now, the 
United States acknowledge all the land with- 
in the aforementioned boundaries, to be the 
property of the Seneka nation; and the United 
States will never claim theTajne, nor diflurb 
the Seneka nation, nor any of the Six Na- 
tions, or of their Indian friends refiding there- 
on and united with them, in the free ufe and 
enjoyment thereof: but it (hall remain theirs, 
until they choofe to fell the fame to the people 
of the United States, who have the right to 
purchafe. 

ARTICLE IV. 

The United States having thus defcribed 
and acknowledged what lands belong to the 

never to 

Oneidas, Onondagas, Cayugas and Senekas, claim other 
and engaged never to claim the fame, nor to j* 1510 ^ 

TO i i r i o- -NT boundaries 

diiturb them, or any or the Six Nations, or of u. s. 
their Indian friends refiding thereon and united 
with them, in the free ufe and enjoyment 
thereof: Now, the Six Nations, and each of 
them, hereby engage that they will never 
claim any other lands within the boundaries 
of the United States ; nor ever difturb the 
people of the United States in the free ufe and 
enjoyment thereof. 

ARTICLE V. 

The Seneka nation, all others of the Six 
. Nations concurring, cede to the United States Rig* 11 *> 
the right of making a waggon road from Fort "oad^ran- 
SchlorTer to Lake Erie, as far fouth as Buffa- ted > & P af - 
loe Creek; and the people of the United 
States mall have the free and undidurbed ufe- 
of this road, for the purpofes of travelling 
and tranfportation. And the Six Nations, and 
each of them, will forever allow to the people 
of the United States, a free pafiage through 



C 44 ] 

their lands, and the free ufe of the harbours 
and rivers adjoining and within their refpeftive 
tracts of land, for the pafTmg and fecuring of 
veflels and boats, and liberty to land their car- 
goes where necefiary for their fafety. 

ARTICLE VI. 

Prefcm & ^ n confideration of the peace and friend- 
annuity. Ihip hereby eftablifhed, and of the engage- 
ments entered into by the Six Nations ; and 
becaufe the United States defire, with huma- 
nity and kindnefs, to contribute to their com- 
fortable fupport ; and to render the peace and 
friendfliip hereby eftablifhed, ftrong and per- 
petual ; the United States now deHver to the 
Six Nations, and the Indians of the other na* 
tions refiding among and united with them, a 
quantity of goods of the value of ten thou- 
fand dollars. And for the fame confiderations, 
and with a view to promote the future welfare 
of the Six Nations, and of their Indian friends 
aforefaid, the United States will add the fum 
of three thoufand dollars to the one thoufand 
five hundred dollars, heretofore allowed them 
by an article ratified by the Prcfident, on the 
twenty-third day of April, 1792 ; making in 
the whole, four thoufand five hundred dol- 
lars ; which (hall be expended yearly forever, 
in purchafing cloathing, domeftic animals, im- 
plements of hufbandry, and other utenfils fuit- 
ed to their circumftances, and in compenfating 
ufeful artificers, who mall refide with or near 
them, and be employed for their benefit. The 
immediate application of the whole annual al- 
lowance now flipulated, to be made by the fu- 
perintendant appointed by the Prefident for 
the affairs of the Six Nations, and their Indian 
friends aforefaid. 



ARTICLE VII. 

Left the firm peace and friendfhip now efta- 
blifhed fhould be interrupted by the mifcon- Retaliation 
dud of individuals, the United States and Six r< 
Nations agree, that for injuries done by indi* 
viduals on either fide, no private revenge or 
retaliation fhall take place; but, inftead there- 
of, complaint fhall be made by the party injur- 
ed, to the other : By the Six Nations or any of 
them, to the Prefident of the United States, or 
the Superintendant by him appointed: and by 
the Superintendant, or other perfon appointed 
by the Prefident, to the principal chiefs of the 
Six Nations, or of the nation to which the of- 
fender belongs : and fuch prudent meafures 
fhall then be purfued as fhall be neceflary to 
preferve our peace and friendfhip unbroken ; 
until the legislature (or great council) of the 
United States fhall make other equitable pro- 
vifion for the purpofe. 

NOTE. It is clearly underftood by the par- 
ties to this treaty, that the annuity ftipulated 
in the fixth article, is to be applied to the bene- 
fit of fuch of the Six Nations and of their Indi- 
an friends united with them as aforefaid, as do 
or fhall refide within the boundaries of the 
United States : For the United States do not 
interfere with nations, tribes or families, of 
Indians elfewhere refident. 

IN WITNESS whereof, the faid Timothy Pick 7 
ering, and the Sachems and War- chiefs of 
the laid Six Nations, have hereto fet their 
hands and feals. 

DONE at Konon-daigua, in the ftate of 
New-Tork, the eleventh day of No- 
member -, in the Tear one thoufandfeven 
hundred and ninety -four. 

TIMOTHY PICKERING, (t. $,) 
VOL. II, K 



C 442 ] 

-ye-ah-nee, x (L. s.) 

;-ne-at-or-lee-ooh ? x or 
Handfome Lake. 

To-kenh-you-hau, x alias Caff. Key. 
O-nes-hau-ee, x 
Hendrick Aupaumut, 
David Neefoonhuk, x 
Kanatfoyh, alias Nicholas Kiipk* 
Soh-hon-te-o-quent, x 
Oo-duht- fa-it, x 
Ko-jiooh-qung, x 
Tof-forig-gau-lo-lus, x 
John Sken-en-do-a, x 
O-ne-at-or-lee-ooh, x 
Kuf-fau-wa-tau, x 
E-yoo-ten-yoo-tau-ook, x 
Kohn-ye-au-gong, alias Jake Stroud* 
Sha-gui-e-fa, x 

Teer-oos, x alias dipt. Prantup. 
Soos-ha-oo-wau, x 
Henry Young Brant, x 
Sonh-yoo-wau-na, x or Big Sky. 
O-na-ah-hah, x 
Hot-ofli-a-henh, x 
Kau-kon-da-nai-ya, x 
Non-di-yau-ka, x 
Kos-fifli-to-wau, x 
Po-jau-geht-a, x or Fifo Carrier. 
To-ne-bng-g6j x 
Oot-a-guaf-fo, x 
Joo-non-clau-wa-onh, x 
Ki-yau-ha~onh ? x 

Oo-tau-je-au-genhj x or Broken Axe. 
Tau-ho-on-dos, x or Open the Way. 
T\vau-ke-wafh-a, x 
Se-qui-dong-quee, alias Little Beard. 
Kod-je-ote, x or Half Town. 
|en-jau-au-gus, x or Stinfitng Fijh. 



[ 443 3 

Soo-noh-quau-kau, x (L. s.) 

Twen-ni-ya-na, x (L. s.) 
Jifh-kaa-ga, x, or Green Grafs-hopper, 

alias Little Billy. (L. s.) 

Tug-geh-fhot-ta, x \ (L. s.) 

Teh-ong-ya-gau-na, x (L. s.) 

Teh-ong-yoo-wufli, x (L. s.) 

Kon-ne-yoo-we-fot, x (L. s.) 
Ti-ooh-quot-ta-kau-na, x, or Woods 

en Fire. (L. s.) 

Ta-oiin-dau-deem, x (L. s.) 
Ho-na-ya-wus, x, alias Farmer's 

Brother. (L. s.) 
Sog-goo-ya-waut-haii, x ; alias 

Red Jacket. (L. s.) 

Kon-yoo-ti-a-yoo, x (L. s.) 
Sauh-ta-ka-ong-yees, x, (or Two 

Skies of a length.) (L. s.) 

Oun-na-fhatta-kau, x (L. s.) 

Ka-ung-ya-neh-quee, x (L. s.) 

Soo-a-yoo-wau, x (L. s.) 
Kau-je-a-ga-onh, x 5 or Heap of Dogs. (L. s.) 

Soo-nooh-fhoo-wau, x (L. s.) 

T-ha-oo-wau-ni-as, x (L. s.) 

Soo-nong-joo-wau, x (L. s.) 
Kiant-whau-ka, x, alias Cornplanter. (L. s.) 

Kau-neh-fhong-goo, x (L. s.) 

WITNESSES: 

Ifrael Chapin, William Shepherd, jun* 

James Smedley, John Wickham, 

Auguftus Porter, James K. Garnfey, 
Wm. Ewing, Ifrael Chapin, j 

T Horatia Jones, 
Interpreters. < Jofeph Smith, 
Cjafper Parifh. 
Henry Abeele. 



A TREATY 

BETWEEN THE 

UNITED STATES 

AND THE 

Oneida, Tufcorora, and Stockbridge 
INDIANS. 



A TREATT between the United States and 
the Oneida, Tufcorora, and Stockbridge In- 
dians, dwelling in the Country of the Oneidas. 
WHEREAS, in the late war between 
Great-Britain and the United States 
of America, a body of the Oneida and Tuf- 
corora and the Stockbridge Indians, adhered 
faithfully to the United States, and affifted 
them with their warriors ; and in confequence 
of this adherence and ailiflance, the Oneidas 
and Tufcororas, at an unfortunate period of 
the war, were driven from their homes, and 
their houfes were burnt and their property de- 
ftroyed : And as the United States in the time 
of their diftrefs, acknowledged their obliga- 
tions to thefe faithful friends, and promifed to 
reward them: and the United States being 
now in a condition to fulfil the pfomiies then 
made : the following articles are flipulated by 
the refpedtive parties for that purpofe ; to be 
in force when ratified by the Prefident and 
Senate. 

ARTICLE I. 

The United States will pay the fum of five 50 oc 
thoufand dollars, to be diflributed among in- Jj^ 
dividuals of the Oneida and Tufcorora nations, fd/ 
as a compenfation for their individual lofles 
and fervices during the late war between 




[ 



Great-Britain and the United States. Theoi - 
ly man of the Kaughnawaugas now remain- 
ing in the Oneida country, as well as fome 
few very meritorious pcrions of the Stock- 
bridge Indians, will be confidered in the dif- 
tribution. 

ARTICLE II. 
For the general accommodation of thefe 

Mills to be T ... . _ .. t r . 

ere<sted by Indian nations, rending in the country of the 
u. states. Oneidas, the United States will caufe to be 
creeled a complete grift-mill and faw-mill, in 
a fituation to ferve the prefent principal fet- 
tlements of thefe nations. Or if fuch one con- 
venient fituation cannot be found, then the 
United States will caufe to be ereled two fuch 
grift-mills and faw-mills, in places where it is 
now known the propofed accommodation may 
be effeded. Of this the United States will 



Miller* to 
be provi- 
ded. 



*boo dol- 
lars given 
to build a 
church. 



Indians re- 

Knquifli 

further 



. ARTICLE III. 
The United States will provide, during 
three years after the mills mail be completed, 
for the expenfe of employing one or two fui- 
table perfons to manage the mills, to keep 
them in repair, to inflrucl fome young men 
of the three nations in the arts of the miller 
arid fawer, arid to provide teams and utenfils 
for carrying on the work of the mills. 

ARTICLE IV. 

The United States will pay one thoufand 
dollars, to be applied in building a convenient 
church at Oneida, in the place of the one 
which was there burnt by the enemy, in the 
late war. ARTICLE V. 

In confideration of the above ftipulations to 
be performed on the part of the United States, 
the Oneida, Tufcorora and Stockbridge In- 
dians afore-mentioned, now acknowledge them- 



[ 447 ] 

felves fatisned, and relinquilr* all other claims 
of compenfation and rewards for their lofles 
and fervices in the late war. Excepting only 
the unfatisfied claims of fuch men of the faid 
nations as bore commiflions under the United 
States, for any arrears which may be due to 
them as officers. 

IN WITNESS whereof, the chiefs of thofe na T 
tions refiding in the country of the Onei- 
das, and Timothy Pickering, agent for 
the United States, have hereto fet their 
hands and feals, at Oneida, the fecond 
day of December, in the year one thou- 
fand feven hundred and ninety- four. 

TIMOTHY PICKERING; L. s . 

The marks of 

HeadSa- . r ., 

^ . chems of C O-dot-iainte x L. s. 

r }> ^ Onei ~ \ Konno-quen-yau x L. s. 

wwfhicf.H J * 111 Skenendo x L. s. 

;? "| war chiefs S,ho-noh-le-yo x L. s. 

a L sachem. ^ Peter Konnauterlook x L. s. 

| I war chief S Daniel T e-ounes-lees, 

^ fon of Skenendo x L. s. 

7 C LodowikKoh-fau-we-tau x L. s. 

- > War chiefs 3 Cornelius Kauhiktoton x L. s. 
^Thos. Ofauhataugaunlot x L. s. 

H ^ Sachem. ^ T,Haulondauwaugon x L. s, 

I S war chief. { Kanatjogh, or Nicholas 

13 i Cuftck 

Witneffes to the figning and 
fealing of the agent of the 
United States, and of the 
chiefs of the Oneida and 
Tufcorora nations. 

S. KIRKLAND. 

JAMES DEAN, Interpreter. 



C 443 ] 

Witnefles to the figning and ") 
fealing of the four chiefs I 
of the Stockbridge Indians, [ 
whofe names are below. J 

SAML. KIRKLAND. 

JOHN SERGEANT. 

f Hendrick Aupaumut L. s, 
stockbridge I Jofeph. Quonney L, s, 

Jndian chiefs. ^ J o h n Konkapot L. S, 

t_ Jacob Kpnkapot JL, s< 



A Treaty of Peace 

BETWEEN THE 

UNITED STATES OF AMERICA 

AND THE 

TRIBES OF INDIANS, 

CALLED THE 

Wyandots 9 Dclawares, Sba-wanoes, Ottawas, 

Chips was, Puiawatimes, Mi amis, Eel- 

river, Wecas, Kickapoos, Pian- 

kajha^jjs, and Kq/ka/hias. 



TO put an end to a deftruclive war, to fet- 
tle all controverfies, and to reftore har- 
mony and a friendly intercourfe between the 
faid United States, and Indian tribes ; Antho- 
ny Wayne, major-general, commanding the 
army of the United States, and fole commif- 
fioner for the good purpofes above-mentioned, 
and the faid tribes of Indians, by their Sachems, 
chiefs, and warriors, met together at Greene- 
ville, the head quarters of the faid army, have 
agreed on the following articles, which, when 
ratified by the Prefident, with the advice and 
confent of the Senate of the United States, 
fhall be binding on them and the faid Indian 
tribes. 

ARTICLE I. 

Henceforth all hoftilities fhall ceafe ; peace 
is hereby eftablifhed, and fhall be perpetual ; 
and a friendly intercourfe fhall take place, be- 
tween the faid United States and Indian tribes. 

ARTICLE II. 

All prifoners fhall on both fides be reflored. 
The Indians, prifoners to the United States, 
fhall be immediately fet at liberty. The peo- 

Vcl. IL L 3 



[ 45 



Prisoners 
to be re- 
ftorcd on 
both fides. 



lioundary 
line eftab- 
liilied. 



pie of the United States, ftill remaining prifon* 
ers among the Indians, mail be delivered up in 
ninety days from the date hereof, to the gene- 
ral or commanding officer at Greeneville, Fort 
Wayne or Fort Defiance ; and ten chiefs of 
the faid tribes mail remain at Greeneville as 
hoftages, until the delivery of the prifoners 
fliall be efTeded. 

ARTICLE III. 

The general boundary line between the 
lands of the United States, and the lands of 
the faid Indian tribes, fhall begin at the mouth 
of Cayahoga river, and run thence up the fame 
to the portage between that and the Tufcara- 
was branch of the Mufkingum ; thence down 
that branch to the croffing place above Fort 
Lawrence; thence wefterly to a fork of that 
branch of the great Miami river running into 
the Ohio, at or near which fork flood Loro- 
mie's flore, and where commences the portage 
between the Miami of the Ohio, and St. Ma- 
ry's river, which is a branch of the Miami, 
which runs into Lake Erie; thence a wefterly 
courfe to Fort Recovery, which ftands on a 
branch of the Wabafh ; then fouth-wefterly in 
a direct line to the Ohio, fo as to interfed: that 
river oppofite the mouth of Kentucke or Cut- 
tawa river. And in confideration of the peace 
now eftablifhed ; of the goods formerly receiv- 
ed from the United States ; of thofe now to 
be delivered, and of the yearly delivery of 
goods now ftipulated to be made hereafter, 
and to indemnify the United States for the in- 
juries and expenfes they have fuftained during 
the war; the faid Indian tribes do hereby cede 
and relinquifh forever, all their claims to the 
lands lying eaftwardly and fouthwardly of the 
general boundary line now defcribedj and 



L 451 ] 

thefe lands, or any part of them, fhall never 
hereafter be made a caufe or pretence, on the 
part of the faid tribes or any of them, of war 
or injury to the United States, or any of the 
people thereof. 

And for the fame confiderations, and as an 
evidence of the returning friendlhip of the faid 
Indian tribes, of their confidence in the Uni- 
ted States, and defire to provide for their ac- 
commodation, and for that convenient inter- 
courfe which will be beneficial to both parties, 
the faid Indian tribes do alfo cede to the Uni- 
ted States the following pieces of land ; to wit. 
(i.) One piece of land fix miles fquare at or 
near Loromie's (lore before mentioned. (2.) 
One piece two miles fquare at the head of the 
navigable water or landing on the St. Mary's 
river, near Girty's town. (3.) One piece fix 
miles fquare at the head of the navigable wa- 
ter of the Au-Glaize river. (4.) One piece fix 
miles fquare at the confluence of the Au- 
Glaize and Miami rivers, where Fort Defiance Indians. 1 
now (lands. (5.) One piece fix miles fquare 
at or near the confluence of the rivers St. Ma- 
ry's and St. Jofeph's, where Fort Wayne now 
(lands, or near it. (6.) One piece two miles 
fquare on the Wabam river at the end of the 
portage from the Miami of the lake, and 
about eight miles weflward from Fort Wayne. 
(7.) One piece fix miles fquare at the Ouata- 
non or old Weea towns on the Wabam river. 
(8.) One piece twelve miles fquare at the Bri- 
ti(h fort on the Miami of the lake at the foot 
of the rapids. (9.) One piece fix miles fquare 
at the mouth of the/aid river where it empties 
into the Lake. ( io.)One piece fix miles fquare 
upon Sandu(ky lake, where a fort formerly 
(lood. (n.) One piece two miles fquare at 



r 452 3 

the lower rapids of Sandufky river. (12.) The 
poft of Detroit and all the land to the north, 
the weft and thefouth of it, of which the In- 
dian title has been extinguifhed by gifts or 
grants to the French or Engliih governments; 
and fo much more land to be annexed to the ', 
diftrifc of Detroit as mail be comprehended 
between the river Rofine on the fouth, lake 
St. Glair on the north, and a line, the general 
courfe whereof mail be fix miles diftant from 
the weft end of lake Erie, and Detroit river. , 
(13.) The poft of Michillimackinac, and all 
the land on the ifland, on which that poft 
ftands, and the main land adjacent, of which 
the Indian title has been extinguimed by gifts 
or grants to the French or Ehglifh govern* 
ments; and a piece of land on the main to the 
north of the ifland, to meafure fix miles on 
lake Huron, or the ftreight between lakes Hu- 
ron and Michigan, and to extend three miles 
back from the water of the lake or ftreight, 
and alfo the ifland De Bois Blanc, being an 
extra and voluntary gift of the Chipewa na- 
tion. (14.) One piece of land fix miles fquare at 
the mouth of Chikago river emptying into 
the fouth-weft end of Lake Michigan, where 
a fort formerly flood. (15.) One piece twelve 
miles fquare at or near the mouth of the Illi- 
nois river, emptying into the Mifiiilippi. (16.) 
One piece fix miles fquare at the old Piorias 
fort and village, near the fouth end of the Illi- 
nois lake on faid Illinois river : And whene- 
ver the United States mall think proper to fur- 
vey and mark the boundaries of the lands 
hereby ceded to them, they fhall give timely 
notice thereof to the faid tribes of Indians, that 
they may appoint fome of their wife chiefs to 
attend and fee that the lines arc run according 
to the terms of this treaty. 



[ 453 ] 

And the faid Indian tribes will allow to the 
people of the United States a free paflage by 

land and by water, as one and the other fhall 

,, . , IT' Ccffioa of 

be found convenient, throngh their country, plages in 

along the chain of polls herein before mention- "^ in t ^" 
ed ; "that is to fay, from the commencement of 
the portage aforefaict at or near Loromic's 
ftore, thence along faid portage to the St. 
Mary's, and down the fame to Fort Wayne, 
and then down the Miami to lake Erie : again 
from the commencement of the portage at or 
near Loromie's (lore along the portage from 
thence to the river Au-Glaize, and down the 
fame to its junction with the Miami at Fort 
Defiance : again from the commencement of 
the portage aforefaid, to Sandufky river, and 
down the fame to Sanduiky bay and lake Erie, 
and from Sandufky to the poll which fhall be 
taken at or near the foot of the rapids of the 
Miami of the lake : and from thence to De- 
troit. Again from the mouth of Chikago, to 
the commencement of the portage, between 
that river and the Illinois, and down the Illi- 
nois river to the Miffiilippi, alfo from Fort 
Wayne along the portage aforefaid which 
leads to the Wabafh, and then down the Wa- 
bafh to the Ohio. And the faid Indian tribes 
will alfo allow to the people of the United 
States the free ufe of the harbours and mouths 
of rivers along the lakes adjoining the Indian 
lands, for fheltering velfels and boats, and li- 
berty to land their cargoes where necelfary for 
their fafety. 

ARTICLE IV. 

In consideration of the peace now eflabli (li- 
ed and of the ceffions and relinquifhments of 
lands made in the preceding article by the faid 
tribes of Indians, and to manifeft the liberali- 



[ 454 ] 

h " ty of the United States, as the great means of 
certain rendering this peace ftron and perpetual : 

lands by 4.1 TT i o i* /? i i 

I7 s< me United States relinquilh their claims to 
all other Indian lands northward of the river 
Ohio, eaftward of the MiffifTippi, and weft- 
ward and fouthward of the Great Lakes and 
the waters uniting them, according to the 
boundary line agreed on by the United States 
and the king of Great-Britain, in the treaty 
of peace made between them in the year 1783. 
But from this relinquifhment by the United 
States, the following traces of land, are expli- 
citly excepted. ift. The traft of one hundred 
and fifty thoufand acres near the rapids of 
the river Ohio, which has been afligned to 
General Clark, for the ufe of himfelf and 

exceptions , . . n r 

his warriors, zd. The poft of St. Vmcennes 
on the river Wabafh, and the lands adjacent, 
of which the Indian title has been extinguim- 
ed. 3d. The lands at all other places in pof- 
feflion of the French people and other white 
fettlers among them, of which the Indian ti- 
tle has been extinguifhed as mentioned in the 
3d article ; and 4th. The poft of fort Maffac 
towards the mouth of the Ohio. To which fe- 
veral parcels of land fo excepted, thefaid tribes 
relinquifh all the title and claim which they or 
any of them may have. 

And for the fame confiderations and with 
Annual ai- the fame views as above mentioned, the Uni- 
bTmadeto tec * States now deliver to the faid Indian tribes 
the Indians, a quantity of goods to the value of twenty 
theufand dollars, the receipt whereof they do 
hereby acknowledge ; and henceforward eve- 
ry year forever the United States will deliver 
at fome convenient place northward of the ri- 
ver Ohio, like ufeful goods, fuited to the cir- 
cumftances of the Indians, of the value of 



C 455 3 

nine thoufand five hundred dollars ; reckon- Annual ai- 
ing that value at the firft coil of the goods in bTmadc to 
the city or place in the United States, where the Indian*, 
they fhall be procured. The tribes to which 
thofe goods are to be annually delivered, and 
the proportions in which they are to be deli- 
vered, are the following. 

i ft. To the Wyandots, the amount of one 
thoufand dollars. 2d. To the Delawares, the 
amount of one thoufand dollars. 3d. To the 
Shawanefe, the amount of one thoufand dol- 
lars. 4th. To the Miamis, the amount of one 
thoufand dollars. 5th. To the Ottawas, the 
amount of one thoufand dollars. 6th. To the 
Chipewas, the amount of one thoufand dol- 
lars, yth. To the Putawatimes, the amount of 
one thoufand dollars. 8th. And to the Kicka- 
poo, Weea, Eel-river, Piankafhaw and Kafkaf- 
kias tribes, the amount of five hundred dol- 
lars each. 

Provided, That if either of the faid tribes 
fhall hereafter at an annual delivery of their 
fhare of the goods aforefaid, defire that a part 
of their annuity mould be furnifhed in domef- 
tic animals , implements of hufbandry , and other 
utenfils convenient for them, and in compen- 
fation to ufeful artificers who may refide with 
or near them, and be employed for their bene- 
fit, the fame fhall at the fubfcquent annual de- 
liveries be furnifhed accordingly. 

ARTICLE V. 

To prevent any mifunderflanding about 
the Indian lands relinquimed by the United bate* right 
States in the fourth article, it is now explicit- to hum OR 
ly declared, that the meaning of that relin- Hnqui 
quimment is this : The Indian tribes who have b x u - 
a right to thofe lands, are quietly to enjoy 
them, hunting, planting, and dwelling there- 



[ 456 ] 
!>ut may on f o i on g as they pleafe, without any molef* 

lell only to . r , -J . r 

IF. ;;. &to tation from the United States ; but when thofe 
ie under tribes, or any of them, (hall be difpofed to fell 

their pro- . . ' r , 

tcotion. their lands, or any part or them, they are to 
be fold only to the United States ; and until 
fuch fale, the United States will protect all 
the faid Indian tribes in the quiet enjoyment 
of their lands againft all citizens of the Uni- 
ted States, and againft all other white perfons 
who intrude upon the fame. And the faid In- 
dian tribes again acknowledge themfelves to 
be under the protection of the faid United 
States- and no other power whatever. 

ARTICLE VI. 

If any citizen of the United States, or any 

other white perfon or perfons, mail prefume to 

Irny^ex-H f ett * e upon the lands now relinquifhed by the 

icuiers ' United States, fuch citizen or other perfon 

from <h,h- ftall be QUt of the prote fti on O f t h e United 

States ; and the Indian tribe, on whofe land the 
fettiement mail be made, may drive off the fet- 
tler, or punifh him in fuch manner as they mail 
think fit ; and becaufe fuch fettlements made 
without the confent of the United States, will 
be injurious to them as well as to the Indians, 
the United States ihall be at liberty to break 
them up, and remove and punifh the fettlers as 
they mall think proper, and fo effect that pro- 
tection of the Indian lands herein before fti- 
pulated. 

ARTICLE VII. 

Indians ^ e ^^ tribes of Indians, parties to this trea- 

may hunt ty, (hall be at liberty to hunt within the terri- 

cedcd'toV tor y anc ^ ^ an< ^ wn ich they have now ceded to 

sutcV ' the United States, without hindrance or mo- 

leftation, fo long as they demean themfelves 

peaceably, and offer no injury to the people of 

the United States. 



C 457 ] 

ARTICLE VIII. 

Trade mall be opened with the faid Indian 
tribes ; and they do hereby refpedively en- 
gage to afford protection to fuch perfons, with with the 
their property, as mall be duly licenfed to Illdians - 
refide among them for the purpofe of trade, 
and to their agents and fervants ; but no per- 
fon mall be permitted to refide at any of their 
towns or hunting camps as a trader, who is 
not furnifhed with a licenfe for that purpofe, 
under the hand and feal of the fuperintendant 
of the department north-weft of the Ohio, or 
fuch other perfon as the Prefident of the Uni- 
ted States fhall authorize to grant fuch licen- 
fes ; to the end, that the faid Indians may not 
be impofed on in their trade. And if any li- 
cenfed trader mail abufe his privilege by un- 
fair dealing, upon complaint and proof thereof, 
his licenfe fhall be taken from him, and he 
fhall be further punifhed according to the laws 
of the United States. And if any perfon fhall 
intrude himfelf as a trader, without fuch li- 
cenfe, the faid Indians mall take and bring 
him before the fuperintendant or his deputy, 
to be dealt with according to law. And to 
prevent impofitions by forged licenfes, the 
laid Indians fhall at leaft once a year give in- 
formation to the fuperintendant or his depu- 
ties, of the names of the traders refiding among 
them. 

ARTICLE IX. 

Left the firm peace and friendmip now efta- , , 
blifhed mould be interrupted by the mifcon- 
ducl: of individuals, the United States, and the 
faid Indian tribes agree, that for injuries done 
by individuals on either fide, no private re- 
venge or retaliation mail take plaice ; but in- 
] thereof, complaint fhall be made by the 
Vol. II. M ; 



a<>rtv \.:t 
t:ikc no 
piivaterc- 



[ 458 ] 

party injured, to the other : By the faid Indi- 
an tribes, or any of them, to the Prefident of 
the United States, or the fuperintendant by 
him appointed ; and by the fuperintendant or 
other perfon appointed by the Prefident, to 
the principal chiefs of the faid Indian tribes, 
or of the tribe to which the offender belongs ; 
and fuch prudent meafures mail then be pur- 
fued as dial! be neceflary to preferve the faid 
peace and friendfhip unbroken, until the Le- 
giflature (or Great Council) of the United 
States, mall make other equitable provifion in 
the cafe, to the fafisfaftion of both parties. 
Should any Indian tribes meditate a war 
againfl the United States or either of them, 
and the fame mail come to the knowledge of 
the before-mentioned tribes, or either of them, 
they do hereby engage to give immediate no- 
tice thereof to the general or officer command- 
ing the troops of the United States, at the 
nearefl poft. And lliould any tribe, with hof- 
tile intentions againfl the United States, or ei- 
ther of them, attempt to pafs through their 
and to give country, they will endeavour to prevent the 

notice ot r i vi r r 

hoftiie dc fame, and in like manner give information ot 
fignsagainft fuch attempt, to the general or officer com- 
manding, as foon as poflible, that all caufes of 
miftruft and fufpicion may be avoided between 
them and the United States. In like manner 
the United States (hall give notice to the faid 
Indian tribes of any harm that may be medita- 
ted againil them, or either of them, that mail 
come to their knowledge ; and do all in their 
power to hinder and prevent the fame, that the 
friendmip between them may be uninterrupted. 

ARTICLE X. 

Former \\ o j;? ier treaties heretofore made between 

the United States and the faid Indian tribes, 



[ 459 ] 

or any of them, fince the treaty of 1783, be- 
Jween the United States and Great -Britain, 
that come within the purview of this treaty, 
{hall henceforth ceaie and become void. 

In Teftimony whereof, the fald Anthony Wayne, 
and the Sachems and War- Chiefs of the be- 
fore-mentioned Nations and Tribes of Indians-, 
have hereunto fet their Hands, and affixed 
their Seals. Done at Greeneville, in the Ter- 
ritory of the United States, north-weft of the 
river Ohio, on the third Day of Augiift, one 
thoufandfe-ven hundred and ninety-five. 

ANTHONY WAYNE, L. S. 

Wyandots. 

Tar-he, or (Crane) x L. s. 

J. Williams, jun. s L. s. 

Tey-yagh-taw, x L. s. 
Ha-ro-en-you, (or half King s Son) x L. S. 

Te-haaw-to-rens, x L. s. 

Aw-me-yee-ray, x L. s. 

Staye-tah, x L. s. 
Sha-tey-ya-ron-yah, (or Leather 

Lips) x L. S. 

Daugh-fliut-tay-ah, x L. s. 

Sha-aw-run-the, x L. s. 

Delaivares. 
Teta-bokfli-ke, (or Grand G/aize 

King) x L. s. 

Le-man-tan-quis, for Black King) x L. s. 

Wa-bat-thoe, x L. s. 

Magh-pi-way, (cr Red Feather) x L. s. 

Kik-tha-we-nund, (or Anderfon) x L. s. 

Bu-kon-ge-helas, x L. s. 

Pee-kee-lund, x L. s. 

Welie-baw-kee-lund, x L. s. 
Pee-kee-tels-mund, (or Thomas 

Adams) XL.S. 
Ki{h-ko-pe-kund,f0r Captain Buf alee )* L. s. 

Ame-na-hehan, (or Captain Crow) x !, s. 
Qu_e-Shawk-fey, (or George 

Wajbington) X L. s. 



[ 460 ] 

Wey Win-quis, (or Billy Sifcomb) x L. s. 

Moles, x L. s 

Shawanoes, 

Mif-qua-Coo-n:i-ca\v, (or Red Pole) x L. s. 
Cut-the-we-ka-faw, (or Black Hoof) x L. s. 

Kay-fe-wa-e-fe-kah, x L. s. 

Wey-tha-pa-mat-tha, x L. s. 

Nia-nym-fe-ka, x L. s. 

"Way-the-ah, (or Long Shanks ) x L. s, 
Wey-a-pier-fen-waw, (or Blue 

Jacket) x L. s. 

Ne-que, taugh-aw, x L. s. 
Hah-goofee-kaw, (or Captain Reed) x L. s. 

Ottawa s. 

Au-Goofh-away, x L. s. 

Kee-No-{ha-Meek, x L .s. 

La Malice, x L. s. 

Ma-chi-we-tah, x L. s. 

Tho-wo-na-wa, x L. s. 

Se-Caw, x L. s. 

Chippewas. 

Mafh-i-pi-nafh-i-wifh, (or Bald Bird) x L. s. 
Nah-iho-ga-fhe, (from lake Superior) x L. s. 

Ka-tha-wa-fung, x L. s. 

Ma-fafs, x L. s. 

Ne-me-kafs, (or Little Thunder) x L. s. 

Pe-fhaw-kay, (or Toung Ox) x L. s. 

Nan-guey. x L. s. 

Mee-ne-doh-gee-fogh, x L. s. 

Pee-wan-fhe-me-nogh, x L. s. 

Wey-me-gwas, x L. s. 

Gob-ma-a-tick, x L. s. 

Ottawa. 
Che-go-Nickfka, (an Ottawa from 

Sandufky) x L. s. 

Putawatames of the River Saint Jofeph. 

Thu-pe-ne-bu, x L. s. 
Naw-ac, (for himfelf and brother 

A-fi-me-the) x L. s. 

Ne-Nan-fe-ka, x L. s. 

Kee-fafs, (or Sun) x L. s. 



C 461 1 

Ka-ba-ma-faw, (for himfelLand 

brother Chi-fau-gan) x L. s. 

Sug-ga-nunk, x L. s. 

Wap-me-me, (cr White Pigeon ) x L. s. 
Wa-che-nefs, (for himfelf and 

brother Pe-da-go-fhok) x L. s. 

Wab-fhi-caw-naw, x L. s. 

La Chafle, x L. s. 
Me-fhe-ge-the-nogh, (for himfelf and 

brother Wa-wa-fek) x L. s. 

Hin-go-fwafh, x L. s. 

A-ne-wa-fa\v, x L. s. 

Naw-budgh, x L. s. 

Mif-fe-no-go-maw, x L. s. 

Wa-we-eg-fhe, x L. s. 

Thaw-me, (or le Blanc) x L. s. 
Gee-que, (for himfelf and brother 

She-win-fe) x L. s. 

Patawatames of Huron, 

O-ki-a, x L. s. 

Charming, x L. s. 

Se-ga-ge-wan, x L. s. 
Na-naw-me, (for himfelf and 

brother A. Gin) x L. s. 

Mar-chand, x L. s. 

We-Na-me--ac, x L. s. 

Miamies. 

Na-goh-quan-gogh, for Le Gris ) x L. s. 
Me-fhe-kun-nogh-quoh, (or Little 

Turtle] x L. s. 

Mfamis and Eel-River. 

Pee-jee-wa, (or Richard Ville) x L. s. 

: Coch-ke-pogh-togh, x L. s. 

EEL-RIVER TRIBE. 

Sha-me-kun-ne-fa, (or Soldier) x L. s. 

MIAMIS. 
Wa-pa-man-gwa, (or the White Loon) is. L. s. 

Weeds , for themf elves and the Piankajhaws. 

A-Ma-Cun-fa, (or Little Beaver) x L. s. 

A-Coo-la-tha, (or Little Pox) x L. s. 

Francis, x L, s. 



C 462 ] 

Kickapoos and Kafliafklas. 

Kee-aw-hah, x L.S. 

Ne-migh-ka, (or Jcfey Renard) x L.S. 

Pai-kee-ka-nogh, x Z. 5. 

Delaware* of Sandufty* 
Haw-kin-pum-is-ka, x L. S. 

Pey-a-mawk-fey, x L.S. 

ReyH-tue-co, (of the Six Nations, 

living at Sand ufky) x L.S. 

In prefence of, (the word goods" in the 6th line 
of the 3d article; the word u before" in the 26th 
line of the 3d article; the words " five hundred" 
in the roth line of 4th article, and the word 
" Piankafhaw" in the U|.th line of the 4th ar- 
ticle, being firft interlined.) 

H. De Butts, firft A. D. C. and Sec'y to M. G. 
Wayne. 

Wm. H. Harrifon, Aid-de-camp to M. G. Wayne. 

T. Lewis, Aid-de-camp to M. G. Wayne. 

James OHara, Quarter-Mailer Genl. 

John Mills, Major of Infantry, and Adj. Genl. 

Caleb Swan, P. M. T. U. S. 

Geo. Demter, Lieut. Artillery. 

Vigo. 

P, fris La Fontaine. 

Ant. Laflelle. 

H. Lafelle. 

Jn. Beau Bien. 

David Jonnes, Chaplain U. S. L. 

Lewis Beufait. 

R. Lachambre. 

Jas. Pepen. 

Baties Coutien. 

P. Navarre, 

Siuorn Interpreters. 

Wm. Wells. 

Jacques LafTelle. 

M. Morins. 

Bt. Sans Crainte. 

Chriftopher Miller. 

Robert Wilfon. 

Abraham x Williams. 

Ifaac x Zane. 



TREATY 

O F 

Amity, Commerce and Navigation, 

BETWEEN 

HIS BRITANNIC MAJESTY 

AND THE 

UNITED STATES OF AMERICA, 

By their Prefident, with the Advice and Confen-t 
of their Senate. 



HIS Britannic Majefty and the United 
States of America, being defirous, by a 
treaty of amity, commerce and navigation, to 
terminate their differences in fuch a manner, 
as, without reference to the merits of their 
refpeclive complaints and pretenfions, may be 
the bed calculated to produce mutual farisfac- 
tion and-good underftanding ; and alfoto re- 
gulate the commerce and navigation between 
their refpe&ive countries, territories and peo- 
ple, in fuch a manner as to render the fame re- 
ciprocally beneficial and fatisfactcry ; they 
have, refpettivcly, named their plenipotenti- 
aries, and given them full powers to treat of, 
and conclude the faid treaty ; that is to fay : 
His Bntannic Majefty has named for his Ple- 
nipotentiary, the Right Honorable William 
Wyndham Baron Grenville of Wotton, one 
of his Majefly's Privy Council, and his Majef- 
ty's Principal Secretary of State for Foreign 
Affairs ; and the Prefident of the faid United 
States, by and with the advice and confent cf 
the Senate thereof, hath appointed for their 
plenipotentiary, the honorable John Jay, Chief 
Juftice of the fuid United States, and their en- 



[ 464 ] 

voy extraordinary to his Majefty ; who have 
agreed on and concluded the following articles. 

ARTICLE I. 

There fhall be a firm, inviolable and uni- 
p-ace efta- verfal peace, and a true and fmcere friendfhip 

blifhed. , TV/r a i ' U 

between his Britannic Majefty, his heirs and 
fucceflbrs, and the United States of America ; 
and between their refpective countries, terri- 
tories, cities, towns and people of every de- 
gree, without exception of perfons or places. 

ARTICLE II. 

His Majefty will withdraw all his troops 
His Ma- and garrifons from all pofts and places within 
Withdraw tne boundary lines affigned by the treaty of 
troops from peace to the United States. This evacuation 
U. sutcs. ^ take place on or before the firft fay of 

June, one thoufand feven hundred and ninety- 
fix, and all the proper meafures mall in the 
interval be taken by concert between the go- 
vernment of the United States, and his Majef- 
ty's Governor- General in America, for fet- 
tling the previous arrangements which may 
be neceflary refpecting the delivery of the 
faid pofts : The United States in the mean 
time at their difcretion, extending their fettle- 
ments to any part within the faid boundary 
line, except within the precincts or jurifdiction 
of any of the faid pofts. All fettlers and tra- 
Priviieges ders, within the precincts or jurifdiction of 

allowed to i r . j n n 11 

fcttiers and the faid pofts, fhall continue to enjoy, unmo- 
traders. lefted, all their property of every kind, and 
mail be protected therein. They fhall be at 
full liberty to remain there, or to remove with 
all or any part of their effects ; and it fhall 
alfo be free to them to fell their lands, houfes, 
or effects, or to retain the property thereof, 
at their difcretion ; fuch of them as fhall con- 
tinue to refide within the faid boundary lines, 



t 465 3 

(ball not be compelled to become citizens of 
the United States, or to take any oath of alle- 
giance to the government thereof ; but they 
ihail be at full liberty fo to do if they think 
proper, and they mall make and declare their 
election within one year after the evacuation 
aforefaid. And all perfons who mail continue 
there after the expiration of the faid year, with- 
out having declared their intention of remain- 
ing fubjecls of his Britannic Majefty, mail be 
confidered as having elected to become citizens 
of the United States. 

ARTICLE III. 

It is agreed that it (hall at all times be free 
to his Majefty's fubjecls, and to the citizens C- 
of the United States, and alfo to the Indians ciai inter- 
dwelling on either fide of the faid boundary g^/b 
line, freely to pafs and repafs by land or in- tween 
land navigation^ into the refpedive territories 
and countries of the two parties, on the con- tinent of 
tinent of America (the country within the li- Amc 
mits of the Hudfon's bay Company only ex- 
cepted) and to navigate all the lakes, rivers 
and waters thereof, and freely to carry on 
trade and commerce with each other. But it 
is underilood, that this article does not extend 
to the admiflion of veflels of the United States 
into the fea-ports, harbours, bays, or creeks of 
his Majefty's faid territories ; nor into fuch 
parts of the rivers in his Majefty's faid territo- 
ries as are between the mouth thereof, and the 
higheft port of entry from the fea, except in 
fmall veilels trading bona fide between Mon- 
treal and Quebec, under fuch regulations as 
fliall be eftablifhed to prevent the poflibility 
of any frauds in this refpect. Nor to the ad- 
miflion of Britifh vefTels from the fea into the 
rivers of the United States, beyond the higheft 

VOL. II. N 3 



C 466' ] 

ports of entry for foreign veflels from the fea. 

tial inter- ^,, . nT-rr^ n 11 i 

courfe Ine river Mmifippi mail, however, according 

between* 1 to ^ le treat 7 ^ P eace ? be entirely open to both 
the two parties ; and it is further agreed, that all the 
parties on p or (; S anc | places on its eaftcrn fide, to which- 

the conti- ~ ^ . r i i 

m-nt of loever of the parties belonging, may freely be 
reforted to and ufed by both parties, in as am- 
ple a manner as any of the Atlantic ports or 
places of the United States, or any of the ports 
or places of his Majefty in Great-Britain. 

All goods and merchandize whofe importa- 
tion into his Majefty 's faid territories in Ame 
rica, {hall not be entirely prohibited, may free- 
ly, for the purpofes of commerce, be carried 
into the fame in the manner aforefaid, by the 
citizens of the United States, and fuch goods 
and merchandize mail be fubjed to no higher 
or other duties, than would be payable by his- 
Majefty's fubjeds on the importation of the 
fame from Europe into the faid territories. 
And in like manner, all goods and merchan- 
dize whofe importation into the United States 
fhall not be wholly prohibited, may freely, for 
the purpofe of commerce, be carried into the 
fame, in the manner aforefaid, by his Majefty's 
fubjeels, and fuch goods and merchandize 
fhall be fubje6l to no higher or other duties, 
than would be payable by the citizens of the 
United States on the importation of the fame 
in American veflels into the Atlantic ports of 
the faid ftates. And all goods not prohibited 
to be exported from the faid territories refpec- 
tively, may in like manner be carried out of 
the fame by the two parties refpe&ively, pay- 
ing duty as aforefaid. 

No duty of entry fhall ever be levied by 
either party on peltries brought by land, or 
inland navigation into the faid territories re- 



L 467 ] 

fpeftively, nor fhall the Indians palling or re- 
paffing with their own proper goods and ef- C0 nrf 
1 fec~ls of whatever nature, pay for the fame any yegatae 

. J _, i between 

impoit or duty wnatever. But goods 111 the two 
bales, or other large packages, unufual among {JJJ**^ 
Indians, fhall not be confidered as goods be- n cn t <>t 
longing bona fide to Indians. America 

No higher or other tolls or rates of ferriage 
than what are or fhall be payable by natives, 
fhall be demanded on either fide ; and no du- 
ties mall be payable on any goods which (hall 
merely be carried over any of the portages or 
carrying-places on either fide, for the purpofe 
of being immediately re-imbarked and carried 
to fome other place or places. But as by this 
flipulation it is only meant to fecure to each 
party a free pafTage acrofs the portages on both 
fides ; it is agreed, that this exemption from 
duty mail extend only to fuch goods as are car- 
ried in the ufual and direcl: road acrofs 
the portage, and are not attempted to be in any 
manner fold or exchanged during their paifage 
acrofs the fame, and proper regulations may 
be eftablifhed to prevent the pombility of any 
frauds in this refpeft. 

As this article is intended to render in a 
great degree the local advantages of each par- 
ty common to both, and thereby to promote 
a difpofition favorable to friendfhip and good 
neighbourhood, it is agreed, that the refpec- 
tive governments will mutually promote this 
amicable intercourfe, by caufing fpeedy and 
impartial juftice to be done, and neceflary pro- 
tection to be extended to all who may be con- 
cerned therein. 

ARTICLE IV. 

Whereas it is uncertain whether the river 
-Miffifippi extends fo far to the northward, as 



C 468 ] 



Survey of 
the Miffi- 
j:ppi to be 

made. 



Commif- 
lionersto 
l>e appoint- 
ed to decide 
what river 
is the river 
St. Croix 
intcndcdby 
the treaty 
of peace to 
be the 
boundary 
cfthcU. 3. 



to be interfered by a line to be drawn due 
weft from the Lake of the Woods, in the man- 
ner mentioned in the treaty of peace between 
his Majefty and the United States; it is agreed, 
that meafures fh'all be taken in concert be- 
tween his Majefty's government in America 
and the government of the United States, for 
making a joint furvey of the laid river from 
one degree of latitude below the falls of St'. 
Anthony, to the principal fource or fources of 
the faid' river, and alfo of the parts adjacent 
thereto ; and that if on the refult of fuch fur- 
vey, it fhould appear that the faid river, would 
not be interfered by fuch a line as is above- 
mentioned, the two parties will thereupon pro- 
ceed by amicable negociation, to regulate the 
boundary line in that quarter, as well as all 
other points to be adjufted between 'the faid 
parties, according to juftice and mutual conve- 
nience, and in conformity to the intent of the 
faid treaty. 

ARTICLE V. 

Whereas doubts have arifen what river was 
truly intended under the name of the river St. 
Croix, mentioned in the faid treaty of peace, 
and forming a part of the boundary therein 
defcribed ; that queftion fhall be referred to 
the final decifion of commiffioners to be ap- 
pointed in the following manner, viz. 

One commiiTioner fhall be named by his 
Majefty, and one by the Prefident of the Uni- 
ted States, by and with the advice and confent 
of the Senate thereof, and the faid two com- 
miffioners fhall agree on the choice of a third ; 
or if they cannot fo agree, they fhall each pro- 
pofe one perfon, and of the two names fo*pro- 
pofed, one fhall be drawn by lot in the pre- 
fence of the two original commiffioners. Ariel 



3 

the three commiflioners fo appointed, fhall be Commif- 
fworn, impartially to examine and decide the beappoint- 
faid queflion, according to fuch evidence as ed to de- 
mall refpedively be laid before them on the 'l^the 
part of the Britifli government and of the river st. 
United States. The faid commiffioners mall S23n 
meet at Halifax, and mail have power to ad- the treaty 
journ to fuch other place or places as they e ?he CC 
fhall think fit. They fhall have power to ap- boundary^ 
point a fccretary, and to employ fuch furvey- ' 
ors or other perfons as they fhall judge necef- 
fary. The faid commiflioners fhall, by a decla- 
ration, under their hands and feals, decide 
what river is the river St. Croix, intended by 
the treaty. The faid declaration mall contain a 
defcription of the faid river, and fhall parti- 
cularize the latitude and longitude of its 
mouth and of its fource. Duplicates of this 
declaration and of the ftatements of their ac- 
counts, and of the journal of their proceed- 
ings, fhall be delivered by them to the agent 
of his Majefly, and to the agent of the United 
States, who may be refpectively appointed and 
authorized to manage the bufmefs on behalf 
of the refpedive governments. And both par- 
ties agree to confider fuch decifion as final and 
conclufive, fo as that the fame fhall never 
thereafter be called into queflion, or made the 
fubjecl of difpute or difference between them. 

ARTICLE VI. 

Whereas it is alleged by divers Britifh mer- 
chants and others his Majefly's fubjecls, that 
debts, to a confiderable amount, which were 
bona fide contracted before the peace, ftill re- 
main owing to them by citizens or inhabitants U( s to 
of the United States, and that by the opera- make com- 
tion of various lawful impediments fince the ^BrSn 
peace, not only the full recovery of the creditors, 



C 470 3 

for iofles faid debts has been delayed, but alfo the va- 
by c kgai ed | ue and fccurity thereof have been, in feveral 
impcdi- inflances, impaired and leflened, fo that by the 
ordinary courfe of judicial proceedings, the 
of Britifh creditors cannot now obtain, and ac- 
tually have and receive full and adequate com- 
fore the penfation for the lofles and damages which 
they have thereby fuftained. It is agreed, that 
in all fuch cafes, where full compenfation for 
fuch lories and damages cannot, for whatever 
reafon, be actually obtained, had and receiv* 
ed by the faid creditors in the ordinary courfe 
of juftice, the United States will make full 
and complete compenfation for the fame to 
the faid creditors ; But it is diftinctry under* 
flood, that this provifion is to extend to fuch 
loifes only as have been occafioned by the law- 
ful impediments aforefaid, and is not to ex- 
tend to lofles occafioned by fuch infolvency 
of the debtors, or other caufes as would 
equally have operated to produce fuch lofs, if 
the faid impediments had not exifled; nor to 
fuch lolfes or damages as have been occafioned 
by the manifeft delay or negligence, or wilful 
omiflion of the claimant. 

Commie- For the purpofe of afcertaining the amount 
fioners to o f an y f uc h lofles and damages, five commif- 
edtoafcer- fioners (hall be appointed, and authorized to 
tain the me et and aft in manner following, viz. Two 
of them mall be appointed by his Majefly, two 
of them by the Prefident of the United States 
by and with the advice and confent of the Se- 
nate thereof, and the fifth by the unanimous 
voice of the other four ; and if they mould 
not agree in fuch choice, then the commif- 
fioners named by the two parties fhall refpec- 
tively propofe one perfon, and of the two 
names fo proppfed, one fliall be drawn by lot. 



C 47' ] 

In the prefence of the four original commif- 
fi oners. When the five commiffioners thus ap- beappoint- 
pointed (hall firft meet, they {hall, before they i toafcer- 
proceed to act, refpeftively take the follow- %* 
ing oath, or affirmation, in the prefence of 
each other ; which oath, or affirmation, being 
fo taken and duly attefled, fliall be entered on 
the record of their proceedings, viz. I, A. B. 
one of the commiffioners appointed in purfu- 
ance of the fixth article of the treaty of amity, 
commerce, and navigation, between his Bri- 
tannic Majefty and the United States of Ame- 
rica, do folemnly fwear (or affirm) that I will 
honeftly, diligently, impartially, and carefully 
examine, and to the beft of my judgment, 
according to juftice and equity, decide all 
fuch complaints, as under the faid article ihall 
be preferred to the faid commiffioners : and 
that I will forbear to aft as a commiilioner, in 
any cafe in which I may be perfonally inter- 
efted. 

Three of the faid commiffioners fhall con- 
ftitute a board, and {hall have power to do Thelr 
any act appertaining to the faid commiflion, er & duty, 
provided that one of the comrrriffioners named 
on each fide, and the fifth commiffioner (hall 
be prefent, and all decifions mall be made by 
the majority of the voices of the commifFion- 
ers then prefent. Eighteen months from the 
day on which the faid commiffioners {hall form 
a board, and be ready to proceed to bufmefs, 
are affigned for receiving complaints and ap- 
plications ; but they are neverthelefs authori- 
zed, in any particular cafes in which it {hall 
appear to them, to be reafonable and juft, to 
extend the faid term of eighteen months, for 
any term not exceeding fix months, after the 
expiration thereof. The faid commiffioners 



f* r ft meet at Philadelphia, but they fhall 

erand r i 

duty. have power to adjourn from place to place as 
they fhall fee caufe. 

The faid commiffioners in examining the 
complaints and applications fo preferred to 
them, are empowered and required, in purfu 
ance of the true intent and meaning of this ar- 
ticle, to take into their -confideration all claims, 
whether of principal or intereft, or balances 
of principal and intereft, and to determine the 
fame refpectively, according to the merits of 
tfye feveral cafes, due regard being had to all 
the circumftances thereof, and as equity and 
juftice mail appear to them to require. And 
the faid commiffioners mail have power to ex- 
amine all fuch perfons as fhall come before 
them, on oath or affirmation, touching the pre- 
mifes ; and alfo to receive in evidence, accord- 
ing as they may think moft confiftent with 
equity and juftice, all written depofitions, or' 
books, or papers, or copies, or extracts there- 
of; every fuch depofition, book, or paper, or 
copy, or extract, being duly authenticated, ei- 
ther according to the legal forms now refpec- 
tively exifting in the two countries, or in fuch 
other manner as the faid commiffioners mail 
fee caufe to require or allow. 

The award of the faid commiffioners^ or of 
an Y t ^ lree f t ^ lem as a f ore feid ? fazll in all cafes 
be final and conclufive, both as to the juftice 
of the claim, and to the amount of the fum to 
be paid to the creditor or claimant: And the 
United States undertake to caufe the fum fo 
awarded to be paid in fpecie to fuch creditor 
or claimant without deduction ; and at fuch 
time or times, and at fuch place or places, as 
lhall be awarded by the faid commiffioners ; 
and on condition of fuch releafes or affign- 



[ 473 ] 

merits to be given by the creditor or claimant, 
as by the faid commiffioners may be directed : 
Provided always, that no fuch payment fhali 
be fixed by the faid commiffioners to take 
place fooner than twelve months from the day 
of the exchange of the ratifications of this 
treaty. 

ARTICLE VII. 

Whereas complaints have been made by Brhifh go- 
divers merchants and others, citizens of the 
United States, that during the courfe of the 
war in which his Majeity is now engaged, they 
have fuftained considerable lofles and damage, citizens for 
by reafon of irregular or illegal captures or l|lc 2 Hl f ca P~ 

i r i /viii turcs of 

condemnations or their veflels and other pro- th 
perty, under colour of authority or commif- 
fions from his Majefly, and that from various 
circumftances belonging to the faid cafes, ade- 
quate compenfation for the loffes and damages 
fo fuftained cannot now be actually obtained, 
had and received by the ordinary courfe of ju- 
dicial proceedings ; it is agreed, that in all fuch 
cafes, where adequate compenfation cannot, for 
whatever reafon, be now actually obtained, 
had and received by the faid merchants and 
others, in the ordinary courfe of juflice, full 
and complete compenfation for the fame will 
be made by the Britifh government to the faid 
complainants. But it is diflinctly underflood, 
that this provifion is not to extend to fuch 
lories or damages as have been occafioned by 
the manifeft delay or negligence, or wilful 
omiflion of the claimant. 

That for the purpofe of afcertaining the 
amount of any fuch loffes and damages, five 
cohimiffioners fhall be appointed and autho- 
rized to act in Loudon, exactly in the manner 
directed with refpect to thofe mentioned in 

VOL, II. O 3 



C 474 3 

t ^ ie P TCCG ^ m ^ article, and after having taker? 
be appoin- the fame oath or affirmation (mutatis mutandis) 

^certain ^ e ^ mQ term * e *gh teen months is alfo af- 
c-hefame, figned for the reception of claims, and they 
are in like manner authorized to extend the 
fame in particular cafes. They mall receive 
feftimony, books, papers and evidence in the 
fame latitude, and exereife the like difcretion 
and powers refpecting that fubject ; and mat! 
decide the claims in queftion according to the 
merits of the feveral cafes, and to juftice, equi- 
ty, and the laws of nations. The award of the 
faid commiflioners, or any fuch three of them 
as aforefaid, mail in all cafes be final and con- 
clufive, both as to the juftice of the claim, and 
the amount of the fum to be paid to the clai- 
mant ; and his Britannic Majefly undertakes 
to caufe the fame to be paid to fuch claimant 
in fpecie, without any deduction, at fiich place 
or places, and at fuch time or times, as mail be 
awarded by the faid commiflioners, and on con- 
dition of fuch releafes or alignments to be given 
by the claimant, as by the faid commiflioners 
.may be directed. 

And whereas certain merchants and others 
his Majefly *s fubjecls, complain, that in the 
courfe of the war they have fuftained lofs and 
damage, by reafon of the capture of their vef- 
iels and merchandize, taken within the limits 
and jurifdiclion of the dates, and brought into 
the ports of the fame, or taken by veflels ori- 
ginally armed in ports of the faid ftates. 

It is agreed that in all fuch cafes where ref- 
titution mail not have been made agreeably to 
u. states the tenor of the letter from Mr. Jefferfon to 
Mr. Hammond, dated at Philadelphia, Sept. 5, 
to Bri- 1793, a copy of which is annexed to this trea- 
ty j the complaints of the parties fhall be an.d 



r 475 1 
liereby are referred to the commifTioners to c . a P. tui ; cs .'* 

" . . . their juril- 

be appointed by virtue or this article, who are diuionor 
hereby authorized and required to proceed in b >' veil f !s 

i IM i i <> i i armed in 

the like manner relative to theie as to the other their ports, 
cafes committed to them ; and the United 
States undertake to pay to the complainants 
or claimants in fpecie, without deduction, the 
amount of fuch fums as mail be awarded to 
them reflectively by the faid commiflioners, 
and at the times and places which in fueh 
awards fhall be fpecified ; and on condition of 
fuch releafes or alignments to be given by the 
claimants as in the faid awards may be direc- 
ted : And it is further agreed, that not only 
the now-exifting cafes of both defcriptions, 
but alfo all fuch as mall exifl at the time of 
exchanging the ratifications of this treaty, mail 
be confidered as being within the provisions, 
intent, and meaning of this article. 

ARTICLE VIIL 

It is further agreed, that the comminioners 
mentioned in this and in the two preceding HOW ex- 
articles mall be refpeftively paid in fuch man- %^ 
ner as (hall be agreed between the two parties, vacancy of 
fuch agreement being to be fettled at the time j^ f up . 
of the exchange of the ratifications of this trea- p |icd - 
ty. And all other expenfes attending the faid 
commiflions fhall be defrayed jointly by the 
two parties, the fame being previoufly afcer- 
tained and allowed by the majority of the com- 
mifTioners. And in the cafe of death, ficknefs 
or neceflary abfence, the place of every fuch 
commiilioner refpeclively mall be fupplied in 
the fame manner as fuch commiilioner was 
fidt appointed, and the new commiflioners 
ihall take the fame oath or affirmation and do 
the fame duties. 



C 476 ] 

ARTICLE IX. 

It is agreed that Britifh fubjech who now 
hold lands in the territories of the United 
States, and American citizens who now hold 
tides to lands in the dominions of his Majefty, lhali 
continue to hold them according to the nature 
and tenure of their refpeclive eftates and titles 
therein ; and may grant, fell, or devife the 
fame to whom they pleafe, in like manner as 
f if they were natives ; and that neither they 
nor their heirs or afligns mall, fo far as may 
refpecl the faid lands and the legal remedies 
incident thereto, be regarded as aliens. 

ARTICLE X. 

Neither the debts due from individuals of j 
?Tof ra- ^ le ne nat * on to individuals of the other, nor| 
fhares, nor monies which they may have in the^ 
public funds, or in the public or private banks, .\ 
lhali ever in any event of war or nafional di/-\ 
ferences be fequeflered or confifcated, it being 
unjuft and impolitic that debts and engage- 
ments contracted and made by individuals, 
having confidence^ in each other and in their 
refpeclive governments, mould ever be de- 
ftroyed or impaired by national authority on 
account of national differences and difcontents. 

ARTICLE XL 

It is agreed between his Majefty and the 
United States of America, that there mall be 
a reciprocal and entirely perfect liberty of na- 
vigation and commerce between their refpec- 
tive people, in the manner, under the limita- 
tions and on the conditions fpecified in the fol- 
lowing articles : 

ARTICLE XII. 

His Majefly confents that it mail and may 
be lawful during the time herein-after limited, 
for the citizens of the United States to carry 






C 477 1 



to any of his Majefty's iflands and ports in the 
Weft-Indies from the United States, in their regulated. 
own veffels, not being above the burthen of 
feventy tons, any goods or merchandizes, being 
of the growth, manufacture or produce of the 
faid ftates, which it is or may be lawful to car- 
ry to the faid iflands or ports from the faid 
dates in Britifh veffels ; and that the faid Ame- 
rican veffels fhall be fubjeft there to no other 
or higher tonnage-duties or charges, than fhall 
I be payable by Britifh veffels in the ports of the 
United States ; and that the cargoes of the 
faid American veffels fhall be fubject there to 
no other or higher duties or charges, than fhall 
be payable on the like articles if imported there 
from the faid ftates in Britifh veffels. 

And his Majefty alfo confents, that it fhall 
be lawful for the faid American citizens to 
purchafe, load, and carry away in their faid 
veffels to the United States from the faid 
iflands and ports, all fuch articles, being of the 
growth, manufacture or produce of the faid 
iflands, as may now by law be carried from 
thence to the faid ftates in Britifh veffels, and 
fubjecl: only to the fame duties and charges on 
exportation, to which Britifti veffels and their 
cargoes are or fhall be fubjecl in fimilar cir- 
cumftances. 

Provided always, that the faid American 
veffels do carry and land their cargoes in the 
United States only, it being exprefsly agreed 
and declared, that during the continuance of 
this article, the United States will prohibit and 
reftrain the carrying any molaffes, fugar, cof- 
fee, cocoa or cotton in American veffels, ei- 
ther from his Majefty's iflands, or from the 
United States to any part of the world except 
the United States, reafonable fea-ftores ex- 



C 478 ] 

dia ce p tec i. Provided alfo, that it fhall and may 
regulated, be lawful, during the fame period, for Brifcifh 
veflels to import from the faid iflands into the 
United States, and to export from the United 
States to the faid iflands, all articles whatever, 
being of the growth, produce or manufacture 
of the faid iflands, or of the United States re- 
fpe&ively, which now may, by the laws of the 
faid ftates, be fo imported and .exported. 
And that the cargoes of the faid Britifh veflels 
lhall be fubjeft to no other or higher duties or 
charges, than fhall be payable on the fame ar- 
ticles if fo imported or exported in American 
veflels. 

It is agreed that this article and every mat- 
ter and thing therein contained, (hall continue 
to be in force during the continuance of the 
war in which his Majefty is now engaged; and 
alfo for two years from and after the day of 
the fignature of the preliminary or other arti- 
cles of peace, by which the fame may be ter- 
minated. 

And it is further agreed, that at the expi- 
ration of the faid term, the two contracting 
parties will endeavour further to regulate their 
commerce in this refped, according to the fitu- 
ation in which his Majefty may then find him- 
felf with refpedt to the Weft-Indies, and with 
a view to fuch arrangements as may beft con- 
duce to the mutual advantage and extenfion of 
commerce. And the faid parties will then alfo 
renew their difcuflions, and endeavour to agree, 
whether in any and what cafes, neutral veflels 
ihall protect enemy's property ; and in what 
cafes provifions and other articles, not gene- 
rally contraband, may become fuch. But in 
the mean time, their conduct towards each 
other in thefe refpecls, fhall be regulated by 



C 479 ] 

the articles herein-after inferted on thofe fub- 
jefts. 

ARTICLE XIII. 

His Majefty confents that the veflels be- 
longing to the citizens of the United States of 
America, fhall be admitted and hofpitably re- 
ceived, in all the fea-ports and harbours of the 
Britifh territories in the Eaft-lndies. And that 
the citizens of the faid United States, may 
freely carry on a trade between the faid ter- 
ritories and the faid United States, in all arti- 
cles of which the importation or exportation, 
refpedively, to or from the faid territories, 
fhall not be entirely prohibited. Provided only, 
that it fhall not be lawful for them in any time 
of war between the Britifh government and 
any other power or flate whatever, to export 
from the laid territories, without the fpecial 
per mi (lion of the Britifh government there, 
any military flores, or naval (lores, or rice. 
The citizens of the United States mall pay for 
their veflels when admitted into the faid ports, 
no other or higher tonnage-duty than mail be 
payable on Britifh veflels when admitted into 
the ports of the United States. And they mail 
pay no other or higher duties or charges, on 
the importation or exportation of the cargoes^ 
of the faid veflels, than fhall be payable on the 
fame articles when imported or exported In 
Britifh veflels. But it is exprefsly agreed, that 
the veflels of the United States fhall not carry 
any of the articles exported by them from the 
faid Britifh territories, to any port or place, 
except to fome port or place in America, where 
the fame fhall be unladen, and fuch regulations 
fhall be adopted by both parties, as fhall from 
time to time be found neceflary to enforce the 
due and faithful obfervance of this ftipulatioiu 



It is alfo underflood that the perrniiTion gran-* 
te( * ky this article, is not to extend to allow 
the veflels of the United States to carry on 
any part of the coafting-trade of the faid Bri- 
tifh territories ; but vefiels going with their 
original cargoes, or part thereof, from one port 
of difcharge to another, are not to be confi- 
dered as carrying on the coafting-trade. Nei- 
ther is this article to be conflrued to allow the 
citizens of the faid ftates to fettle or refide 
within the faid territories, or to go into the in- 
terior parts thereof, without the permiiTion of 
the Britiih government eftablifhed there ; and 
if any tranfgreflion mould be attempted againfl 
the regulations of the Britifh government hi 
this refpect, the obfervance of the fame mail 
and may be enforced againfl the citizens of 
America in the fame manner as againlt Bri- 
tifh fubjefts or others tranigreiTing the fame 
rule. And the citizens of the United States, 
whenever they arrive in any port or harbour 
in the faid territories, or if they mould be per- 
mitted in manner aforefaid, to go to any other 
plafe therein, ihall always be fubjeft to the 
laws, government, and jurifdiclion of what na- 
ture ellablifhed in fuch harbour, port or place, 
according as the fame may be. The citizens 
of the United States may alfo touch for re- 
frefhment at the ifland of St. Helena, but fub- 
ject in all refpe&s to fuch regulations as the 
Britifli government may from time to time ef- 
tablifh there. 

ARTICLE XIV. 

There mail be between all the dominions of 
his Majefty in Europe and the territories 'of 
the United States, a reciprocal and perfect 
liberty of commerce and navigation. The peo- 
ple and inhabitants of the two countries re- 



C 481 3 

fpe&ively, mall have liberty freely and fecure- Liberty 
ly, and without hindrance and moleflation, to be^Te 
come with their fhips and cargoes to the lands, the 

, i . . i European 

countries, cities, ports, places and rivers, with- dominion* 
in the dominions and territories aforeiaid, to *^thc 
enter into the fame, to refort there, and to re- c 



main and reiide there, without any limitation 
of time. Alfo to hire and pofleis houfes and 
ware-houfes for the purpofes of their com- 
merce, and generally the merchants and tra- 
ders on each fide, mall enjoy the mod com- 
plete protection and fecurity for their com- 
merce ; but fubject always as to what refpe&s 
this article, to the laws and flatutes of the two 
countries refpedively. 

ARTICLE XV. 

It is agreed that no other or higher duties 
mail be paid by the mips or merchandize of J? 
th$ one party in the ports of the other, than duties on 
fuch as are paid by the like veffels or merchan- 
dize of all other nations. Nor fhall any other diz, 
or higher duty be impofed in one country on 
the importation of any articles the growth, 
produce or manufacture of the other, than 
are or mall be payable on the importation of 
the like articles being of the growth, produce, 
or manufacture of any other foreign country. 
Nor fhall any prohibition be impofed on the 
exportation or importation of any articles to 
or from the territories of the two parties ref- 
pectively, which fhall not equally extend to all 
other nations. 

But the Britifli government referves to itfelf 
the right of impofing on American veflels en- 
tering into the Britifh ports in Europe, a ton- 
nage duty^ equal to that which fhall be payable 
by BritifH veffels in the ports of America : 
And alfo fuch duty as mav be ?idequate t<? 

VOL. II. P 3 



C 482 1 

countervail the difference of duty now payable 
on the importation of European and Afiatic 
goods, when imported into the United States 
. in Britifh or in American veffels. 

The two parties agree to treat for the more 
exat equalization of the duties on the refpec- 
tive navigation of their fubjects and people, in 
fuch manner as may be moft beneficial to the 
two countries. The arrangements for this pur- 
pofe (hall be made at the fame time, with thofe 
mentioned at the conclufion of the twelfth ar- 
ticle of this treaty, and are to be confidered as 
a part thereof. In the interval it is agreed, that 
the United States will not impole any new 
or additional tonnage duties on Britifh veffels, 
nor increafe the now-fubfifling difference be- 
tween the duties payable on the importation 
of any articles in Britiih or in American vef- 
fels. 

ARTICLE XVI. 

fr ma ^ ke fr ce f r tne tv;o contracting par- 
ties, refpeclively to appoint confuls for the 
' protection of trade, torefidein the dominions 
and territories aforefaid ;" and the faid confuls 
{hall enjoy thofc liberties and rights which be- 
long to them by reafon of their function. But 
before any conful fliall act as fuch, he fhall be 
in the ufual forms approved and admitted by 
the party to whom he is fent ; and it is hereby 
declared to be lawful and proper, that in cafe 
of illegal or improper conduct towards the 
laws or government, a conful may either be 
punifhcd according to law, if the laws will 
reach the cafe, or be difmiifed, or even fent 
back, the offended government affigning to 
the other their reafons for the fame. 

Either of the parties may except from the 
refidence of confuls fuch particular places, as 



C 4*3 3 

inch party iliall judge proper to be fo excep- 
ted. 

ARTICLE XVII. 

It is agreed, that in all cafes where veiTels HOW t* 
ihall be captured or detained on juft fufpicion ^J 
of having on board enemy's property, or of f e i arc 
carrying to the enemy any of the articles which 
are contraband of war ; the faid veflel mall having 
be brought to the neareft or moil convenient 
port ; and if any property of an enemy mould 
be found on board fuch vefTel, that part only s ods> 
which belongs to the enemy mail be made 
prize, and the veffel mail be at liberty to pro- 
ceed with the remainder without any impedi- 
ment. And it is agreed, that all proper rnea- 
iures fliall be taken to prevent delay, in deci- 
ding the cafes of mips or cargoes fo brought in 
for adjudication ; and in the payment or re- 
covery of any indemnification, adjudged or 
agreed to be paid to the matters or owners of 
luch mips. 

ARTICLE XVIIL 

In order to regulate what is in future to be 
efteemed contraband of war, it is agreed, that 
under the faid denomination mail be comprifed be deemed 
all arms and implements ferving for the pur- ^~ 
pofes of war, by land or fea,- fuch as camion, 
mufkets, mortars, petards, bombs, grenades, 
ca.rcafTes, faucifTes, carriages for cannon, rauf- 
ket reds, bandoliers, gunpowder, match, falt- 
petre, ball, pikes, fwords, head-pieces, cuiraf- 
ies, halberts, lances, javelins, horfe-furniture, 
holfters, belts, and generally all other imple- 
ments of war ; as alfo timber for fhip-build- 
ing, tar or rozin, copper in meets, fails, hemp, 
and cordage, and generally whatever may ferv* 
directly to the equipment of veffels, unwrought- 
iron and fir planks only excepted j and all the 



[ 484 ] 

above articles are hereby declared to be juft 
objects of confiscation, whenever they are at- 
tempted to be carried to an enemy. 



stipulation ^nd w hereas the difficulty of agreeing on 

refpe(5hng , . r f . , . , . 1 o 6 

provifums the precifc cafes in which alone proviiions and 
becoming o t ner articles not generally contraband may be 

contra- r o / ,. 

regarded as iuch, renders it expedient to pro- 
vide agamft the inconveniences and mifunder* 
{landings which might thence arife : It is far- 
ther agreed, that whenever any fuch articles 
fo becoming contraband, according to the ex- 
ifting laws of nations, fhall for that reafon be 
feized, the fame fhall not be confifcated, but 
the owners thereof iuall be fpeedily and com- 
pletely indemnified ; and the captors, or in 
their default, the government under whofe au- 
thority they act, mall pay to the maflers or 
owners of fuch veffels, the full value of all 
fuch articles, with a reafonable mercantile pro- 
fit thereon, together with the freight, and alfo 
the demurrage incident to fuch detention. 

And whereas it frequently happens that vef- 

^ s ^ a ^ ^ or a P ort or P^ ace bcl n gi n g to an 
enemy, without knowing that the fame is either 
attempting befieffed, blockaded or invert ed ; it is agreed, 

to enter a o o 

blockaded that every veflei fo circumltanced, may be turn- 
port or e( j away from fuch port or place, but me lhall 

found J . r \ 

therein. not be detained, nor her cargo, if not contra.- 
band, be confifcated, unlefs after notice m 
fhall again attempt to enter ; but me fhall be 
permitted to go to any other port or place me 
may think proper : Nor fhall any vefTel or 
goods of either party, that may have entered 
into fuch port or place, before the fame was 
befieged, blockaded, or invefled by the other^ 
and be found therein after the reduction or 
furrender of fuch place, be liable to confifca* 



I 485 ] 

tion, but fiiail be reflored to the owners or 
proprietors thereof. 

ARTICLE XIX. 

And that more abundant care may be taken Privateer, 
for the fecurity of the refpedive fuojeds and j 
citizens of the contracting parties, and to pre- 
vent their fuffering injuries by the menoi war, 
or privateers of either party, all commanders 
of mips of war and privateers, and all others 
the faid fubje&s and citizens, {hall forbear da- 
ing any damage to thofe of the other party* 
or committing any outrage againft them, and 
if they aft to the contrary, they (hall be punifii- 
ed, and mall alfo be bound in their perfons 
and eftates to make fatisfaclion ,-iid reparation 
for all damages, and the intereft thereof, of 
whatever nature the faid damages may be. 

For this caufe, all commanders of privateers, 
before they receive their comrnifTions, fhall 
hereafter be obliged to give, before a compe- 
tent judge, fufficient fecurity by at lead two 
refponfible fureties, who have no intereft in 
the faid privateer, each of whom, together with 
the faid commander, ihall be jointly and feve- 
rally bound in the funi of fifteen hundred 
pounds flerling, or if luch mips be provided 
with above one hundred and fifty feamen or 
foldiers, in the fum of three thoufand pounds 
fterling, to fatisfy all damages and injuries, 
which the faid privateer, or her officers or 
men, or any of them may do or commit dur- 
ing their cruife, contrary to the tenor of this 
treaty, or to the laws and inftruclions for regu- 
lating their conclucl ; and further, that in all 
cafes of aggreflions, the faid commifTions fhall 
be revoked and annulled. 

It is alfo agreed that whenever a. judge of a 
sourt of admiralty of either of t,he parties. 



Shall pronounce fentence againft any veflel, or 
goods or property belonging to the fubjects or 
citizens of the other party, a formal and duly 
authenticated copy of all the proceedings in 
the caufe, and of the faid fentence, mail, if re- 
quired, be delivered to the commander of the 
faid veffel, without the fmalleii delay, he pay- 
ing all legal fees and demands for the fame. 

ARTICLE XX. 

not It is further agreed that both the faid con- 
and trading parties, {hall not only refufe to receive 
"oocs ta- -any pirates into any of their ports, havens, or 
be towns, or permit any of their inhabitants to 
receive, protect, harbor, conceal or affift them 
in any manner, but will bring to condign pu- 
nifhinent all fuch inhabitants as (hall be guilty 
of fuch acts or offences. 

And all their mips with the goods or mer- 
chandizes taken by them and brought into the 
port of either of the faid parties, mail be feized 
as far as they can be difcovered, and (hall be 
restored to the owners, or their factors or 
agents, duly deputed and authorized in writ- 
ing by them (proper evidence being firft given 
in the court of admiralty for proving the pro- 
perty) even in cafe fuch effects mould have 
palled into other hands by fale, if it be proved 
that the buyers knew or had good reafon to 
believe, or fufpect that they had been pirati- 
cally taken. 

ARTICLE XXI. 

It is likewife agreed, that the fubjects and 
citizens of the two nations, mail not do any 
acts of hofiility or violence againfl each other, 
nor accept commifiions or inflructions fo to 
act from any foreign prince or (late, enemies 
to the other party ; nor fliall the enemies of 



C 487 I 

one of the parties be permitted to invite, or sdbjefl* o? 
endeavour to inlifl in their military fervice, onf^tr 
any of the fubjects or citizens of the other fl 11 not 
party ; and the laws againft all, fuch offences coXflton 
and aggreffions mall be punctually executed. fr ? m af - 
And if any fubject or citizen of the faid par- ^ r w ^ 
ties refpeclively, -mall accept any foreign com- the othcr - 
million, or letters of marque, for arming any 
veffel to act as a privateer againft the other 
party, and be taken by the other party, it is 
hereby declared to be lawful for the faid par- 
ty, to treat and puniih the faid fubject or citi- 
zen, having fuch commiilion or letters of 
marque, as a pirate. 

ARTICLE XXII. 

It is exprefsly ftipulated, that neither of the ^ 
faid contracting parties will order or autho- 
rize any acts of reprifal againft the other, on 
complaints of injuries or damages, until the 
faid party mail firft have prefentcd to the other 
a ftatement thereof, verified by competent 
proof and evidence, and demanded juftice and 
fatisfaction, and the fame fhall either have 
been refufed or unreafonably delayed. 

ARTICLE XXIII. 

The mips of war of each of the contracting 

rt 11 n i r . 

parties mail, at all times, be hofpitabiy receiv- 
ed in the ports of the other, their officers and ^ ; e ved Jn 
crews paying due refpect to the laws and go- the' pom o 
vernment of the country. The officers fhall theothcr * 
be treated with' that refpect which is due to 
the commiffions which they bear, and if any 
infult mould be offered to them by ^ny of the 
inhabitants, all offenders in this refpect (hall 
be punifhed as diiturbers of the peace and ami- 
ty between the two countries. And his Maieily 
confents,thatin cafe an American veffel mould, 
by flrefs of weather, danger from enemies or 



American 
veil Is ia 
:al of 
Orefs of 
weather 
may enter 
BritifU 

p >M. 



Foreign 
privateers 
not to arm 
ID the ports 
of either 
nation, nor 
to fell their 
jwizes. 



C 488 ] 

other misfortune, be reduced to the neceiTity 
of feeking fhelter in any of his Majeily's ports, 
into which fuch veflel could not in ordinary 
cafes claim to be admitted, (he mail, on ma- 
nifeliing that neceflity to the fatisfaction of 
the government of the place, be hofpitably re- 
ceived and be permitted to refit, and to purchafe 
at the market price, fuch necerlaries as ihe may 
itand in need of, conformably to fuch orders 
and regulations as the government of the 
place, having refpecl: to the circumftances of 
each cafe, ihall prefcribe. She mall not be al- 
lowed to break bulk or unload her cargo, 
unlefs the fame mail be bona fide neceffary to 
her being refitted. Nor mall be permitted to 
fell any part of her cargo, unlefs fo much only 
as may be neceffary to defray her expenfes, 
and then not without the exprefs permiffion 
of the government of the place. Nor (hall me 
be obliged to pay any duties whatever, except 
only on fuch articles as ihe may be permitted 
to fell for the purpofe aforefaiu. 

ARTICLE XXIV. 

It mall not be lawful for any foreign priva- 
teers (not being fubjech or citizens of either 
of the faid parties) who have comrniilions from 
any other prince or ilate in enmity with either 
nation, to arm their (hips in the ports of either 
of the faid parties, nor to fell what they have 
taken, nor in any other manner to exchange 
the fame ; nor ihall they be allowed to pur- 
chafe more provifions, than mall be neceflary 
for their going to the neareft port of that prince 
or (late from whom they obtained their com- 
miffions* 

ARTICLE XXV. 

It mail be lawful for the mips of war and 
privateers belonging to the faid parties refpee- 



C 489 3 

tively, to carry whitherfoever they ploafe, the R egu !a- 
mips and goods taken from their enemies, with- 
out being obliged to pay any fee to the officers 
of the admiralty, or to any judges whatever ; 
nor fhall the laid prizes when they arrive at, 
and enter the ports of the faid parties, be de- 
tained or feized, neither fhall the fearchers or 
other officers of thofe places vifit fuch prizes, 
(except for the purpofe of preventing the car- 
rying of any part of the cargo thereof on more 
in any manner contrary to the eflablifhed laws 
of revenue, navigation or commerce) nor mall 
fuch officers take cognizance of the validity of 
fuch prizes ; but they (hall be at liberty to 
hoift fail, and depart as fpeedily as may be, 
and carry their faid prizes to the place men- 
tioned in their commiffions or patents, which 
the commanders of the faid mips of war or 
privateers (hall be obliged to (hew. No fhelter 
or refuge (hall be given in their ports to fuch 
as have made a prize upon the fubjecls or citi- 
zens of either of the faid parties ; but if forced 
by flrefs of weather, or the dangers of the fea, 
to enter therein, particular care fhall be taken 
to haflen their departure, and to caufe them to 
retire as foon as poffible. Nothing in this trea- 
ty contained fhall, however, be conftrued or 
operate contrary to former and exifling public 
treaties with other fovereigns or ftates. But the 
two partres agree, that while they continue in 
amity, neither of them will in future make any 
treaty that, (hall be inconfiilent with this or 
the preceding article. 

Neither of the faid parties fhall permit the 
mips or goods belonging to the fubjects or citi- 
zens of the other, to be taken within cannon- 
mot of the coaft, nor in any of the bays, ports, 
or rivers of their territories, by fliips of war, of 

Vol. IL (^ 3 



C 

others having commifTion from any prince, re- 
public, or flate whatever. But in cafe it mould 
Ib happen, the party whofe territorial rights 
mall thus have been violated, (hall ufe his ut- 
mofl endeavours to obtain from the offending 
party, full and ample fatisfaclion for the veifel 
or veflels fo taken, whether the fame be velfels 
of war or merchant veflels. 

ARTICLE XXVL 

Privileges If at any time a rupture fhouid take place, 
i- (which ^God forbid) between his Majefly and 
the United States, the merchants and others 
ing -L y of each of the two nations, refiding in the do- 
thc domi- minions of the other, fhall have the privilege of 
"her L * Remaining and continuing their trade, fo long 
cafe of a as they behave peaceably, and commit no of- 
fence againft the laws ; and in cafe their con- 
duel mould render them fufpedted , and the re- 
fpeftive governments mould think proper to 
order them to remove, the term of twelve 
months from the publication of the order fhall 
be allowed them for that purpofe, to remove 
with their families, effecls and property ; but 
this favour fhall not be extended to thofe who 
fhall acl contrary to the eftablifhed laws ; and 
for greater certainty, it is declared, that fuch 
rupture fhall not be deemed to exift, while ne- 
gociations for accommodating differences fhall 
be depending, nor until the refpeclive ambaf- 
fadors or minifters, if fuch there ihall be, fliall 
be recalled, or fent home on account of fuch 
differences y and not on account of perfonal 
mifconduel, according to the nature and de- 
grees of which, both parties retain their rights, 
either to requefl the recal, or immediately to 
lend home the ambaiTador or minifter of the 
other ; and that without prejudice to their 
mutual friend/hip and good underftanding. 



" [ 49* 3 

ARTICLE XXVII. 

It is further agreed, that his Majefty and the criminals 
United States, on mutual requifitions, by them to kedeii- 

r o i i i r o h vered up to 

respectively, or by their reipechve mmiiters or j u ftke. 
officers authorized to make the fame, will de- 
liver up to juftice all perfons, who, being char- 
ged with murder or forgery, committed with- 
in the jurifdi&ion of either, (hall feek an afy- 
lum within any of the countries of the other, 
provided that this fkall only be done on fuch 
evidence of criminality, as, according to the 
laws of the place, where the fugitive or perfon 
fo charged mallbe found, would juftify his ap- 
prehenfion and commitment for trial, if the 
offence had there been committed. The ex- 
penfe of fuch apprehenfion and delivery mail 
be borne sfnd defrayed, by thofe who make the 
requifition and receive the fugitive, 

ARTICLE XXVIIL 

It is agreed, that the firft ten articles of this _ 

, , , r , r Limitation* 

treaty mail be permanent, and. that the fubfe- 
quent articles, except the twelfth, mall be li- 
mited in their duration to twelve years, to be 
computed from the day on which the ratifica- 
tions of this treaty mail be exchanged, but 
fubjecl: to this condition, That whereas the faid 
twelfth article will expire by the limitation 
therein contained, at the end of two years from 
the figning of the preliminary or other articles 
of peace, which mall terminate the prefent war 
in which his Majefty is engaged, it is agreed, 
that proper meafures {hall by concert be taken, 
for bringing the fubjecl of that article into ami- 
cable treaty and diicuflion, fo early before the 
expiration of the faid term, -as that new ar- 
rangements on that head, may, by that time, 
be perfected, and ready to take place. But if 
it fjiould unfortunately happen, that hi Majef- 



L 49 2 I 

iy and the United States, mould net be able to 
agree on fuchnew arrangements, in that cafe, 
all the articles of this treaty, except the firft 
ten, mall then ceafe and expire together. 



R Laftly. This treaty, when the fame fhall 

OGR. K< have been ratified by his Majefty, and by the 
Prefident of the United States, by and with the 
advice and confent of their Senate, and the 
refpechive ratifications mutually exchanged, 
fhall be binding and obligatory on his Majef- 
ty and on the laid ftates, and mall be by them 
refpe&ively executed, and obferved, with punc- 
tuality and the moil fmcere regard to good 
faith ; and whereas it will be expedient, in or- 
der the better to facilitate intercour^ and ob- 
viate difficulties, that other articles be propofed 
and added to this treaty, which articles, from 
want of time and other circumftances, cannot 
now be perfected ; it is agreed that the faid 
parties will, from time to time, readily treat 
of and concerning fuch articles, and will fin- 
cerely endeavour To to form them, as that they 
may conduce to mutual convenience, and tend 
to promote mutual fatisfaclion and friendfhip ; 
and that the faid articles, after having been 
duly ratified, mall be added to, and make a 
part of this treaty. In faith whereof, we, the 
underiigned minifters plenipotentiary of his 
Majefly the King of Great-Britain, and the 
United States of America, have figned this 
prefent treaty, and have caufed to be affixed 
thereto the feal of our arms. 

Done at London, this nineteenth Day of 
November, one thoufand Jeven hundred 
and ninety-four. 

GRENVILLE, L. S. 

JOHN JAY, L, S, 



[ 493 1 

Philadelphia, September 5, 1793 
SIR, 

I AM honored with yours of Auguft 
Mine of the 7th of that month allured you 
that meafures were taken for excluding from 
all further afylum in cur ports, velTels armed 
in them to cruize on nations with which we 
are at peace, and for. the reftoration of the 
prizes the Lovely Lafs, Prince William Hen- 
ry, and the Jane of Dublin ; and that fhould 
the meafures for reftitution fail in their effect, 
the Prefident confidered it as incumbent on 
the United States to make compenfation for 
the veflels. 

We are bound by our treaties with three of 
the belligerent nations, by all the means in 
our power, to protect and defend their veffels 
and effects in our ports, or waters, or on the 
feas near our fhores, and to recover and reflore 
the fame to the right owners when taken from 
them. If all the means in our power are ufed, 
and fail in their effect, we are not bound by 
our treaties with thofe nations to make com- 
penfation. 

Though we have no fimilar treaty with 
Great-Britain, it was the opinion of the Pre- 
fident, that we mould ufe towards that nation 
the fame rule, which under this article, was 
to govern us with the other nations ; and even 
to extend it to captures made on the high 
feas, and brought into our ports : if done by 
veflels which had been armed within them. 

Having, for particular reafons, forbore to 
ufe all the means in our power for the ref- 
titution of the three vefiels mentioned in my 
letter of Auguft 7th, the Prefident thought it 
incumbent on the United States to make com- 



[ 494 ] 

penfation for them : And though nothing was 
laid in that letter of other veffels taken under 
like circumftances,and brought in after the 5th 
of June, and before the date of that letter, 
yet when the fame forbearance had taken 
place, it was and is his opinion, that compen- 
fation would be equally due. 

As to prizes made under the fame circum- 
dances, and brought in after the date of that 
letter, the Prefident determined, ttiat all the 
means in our power (hould be ufed for their 
refiitution. If thefe fail, as we mould not be 
bound by our treaties to make compenfation 
to the other powers in the analogous cafe, he 
did not mean to give an opinion that it ought 
to be done to Great-Britain. But {till if any 
cafes (hall arife fubfequent to that date, the 
circumftances of which mail place them on fi- 
milar ground wrh thofe before it, the Prefi- 
dent would think compenfation equally incum- 
bent on the United States. 

Inflruclions are given to the governors of 
the different ftates, to ufe all the means in their 
power for refloring prizes of this laft defcrip- 
tion found within their ports. Though they 
will of courfe take meafures to be informed of 
them, and the general government has given 
them the aid of the cuftom-houfe officers for 
this purpofe, yet you will be fenfible of the im- 
portance of multiplying the channels of their 
information as far as mail depend on yourfelf, 
or any perfon' under your direction, in order 
that the governors may ufe the means in their 
power for making reftitution. 

Without knowledge of the capture they can- 
not reftore it. It will always be befl to give the 
notice to them directly ; but any information 
which you (hall be pleafed to fend to me, alfo, 



[ 495 ] 

at any time (hall be forwarded to them as quick- 
ly as diilance will permit. 

Hence you will perceive. Sir, that the Pre- 
fident contemplates reftitution or compenfa- 
tion in the cafe before the 7'h Auguft ; and af- 
ter that date, reftitution if it can be eftecTed by 
any means in our power. And that it will be 
important that you mould fubftantiate the fact, 
that fuch prizes are in our ports or waters. 

Your lift of the privateers illicitly armed 
in our ports is, I believe, correct. 

With refpect to lofles by detention, waile, 
fpoliation fuftained by veflels taken as before- 
mentioned, between the dates of June 5th and 
Auguft 7th, it is propofed as a provifional 
meafure, that the collector of the cuftoms of 
the diftrict, and the Britifh conful,or any other 
perfon you pleafe, (hall appoint perfons to 
eftablilh the value of the veffel and cargo, at 
the time of her capture and of her arrival in 
the port into which me is brought, according 
to their value in that port. If this mail be agree- 
able to you, and you will be pleafed to fignify 
it to me, with the names of the prizes under- 
ftood to be of this defcription, inftructions 
will be given accordingly, to the collector of 
the cuftoms where the refpective veffels are. 
/ have the honor to be, &c. 
(Signed,) THOMAS JEFFERSON. 
GEORGE HAMMOND, ESQ.. 



ADDITIONAL ARTICLE. 

It is further agreed between the laid con- Twelfth: 
trading parties, that the operation of fo much t5 -^ fuf - 
of the twelfth article of the laid treaty as re- p 
fpects the trade which his faid Majefly there- 



[ 496 3 

by confents may be carried on between th.?. 
United States and his iilands in the Wed 
Indies, in the manner and on the terms and 
conditions therein fpecified, mall be fuf- 
pended. 



EXPLANATORY ARTICLE, 
" WHEREAS by the third article of the 
treaty of amity, commerce and navigation, 
concluded at London, on the nineteenth day 
of November, one thoufand feven hundred 
and ninety four, between his Britannic Majefty 
and the United States of America, it was 
agreed that it fhould at all times be free to his 
Majefty's fubjects and to the citizens of the 
United States, and alfo to the Indians dwel- 
ling on either fide of the boundary line, aflign- 
ed by the treaty of peace to the United States, 
freely to pafs and repafs by land or inland na- 
vigation, into the refpe&ive territories and 
countries of the two contracting parties, on 
the continent of America, (the country within 
the limits of the Hudfon's Bay company only 
excepted) and to navigate all the lakes, rivers 
and waters thereof, and freely to carry on 
trade and commerce with each other, fubjecl 
to the provifions and limitations contained in 
the faid article : And whereas by the eighth 
article of the treaty of p^ice and ' friendfhip 
concluded at Greenville, on the third day of 
Auguft, one thoufand feven hundred and nino 
ty-five, between the United States and the na- 
tions or tribes of Indians, called the Wyan- 
dcts, Delawares, Shawanoes, Cttawas, Chip- 
pewas,Puta\vatimies, Miamis, Eel-River, Wee- 
as, Kickapoos, Piankafnaws and Kafkafkias, it 
w;is (updated that no perfoa fhould be per* 



C 497 1 

mitted to refide at any of the towns or hunt* 
ing camps of the faid Indian tribes, as a trader, 
who is not furnifned with a licenfe for that 
purpofe, under the authority of the United 
States : Which latter ftipulation has excited 
doubts, whether jn its operation it may not 
interfere with the due execution of the faid 
third article of the treaty of amity, commerce 
and navigation : And it being the fmcere de- 
fire of his Britannic Majefty and of the United 
States, that this point ihould be fo explained*, 
as to remove all doubts, and promote mutual 
fatisfaction and friendfhip : And for this pur- 
pofe, his Britannic Majefly having named for his 
commiffioner, Phineas Bond, Efquire, his Ma- 
jefly's Conful General for the middle and 
ibuthern ftates of America, (and now his Ma- 
jelly's Charge d' Affaires to the United States) 
and the Prefident of the United States having 
named for their commiffioner, Timothy Pick- 
ering, Efquire, Secretary of State of the Uni- 
ted States, to whom, agreeably to the laws of 
the United States, he has intruded this nego- 
ciation ; They, the faid commiffioners, having 
communicated to each other their full powers, 
have, in virtue of the fame, and conformably 
to the fpirit of the lad article of the faid treaty 
of amity, commerce and navigation, entered 
into this explanatory article, and do by thefe 
prefents explicitly agree and declare, That no 
ftipulations in any treaty fubfequently conclu- 
ded by either of the contracting parties with 
any other (late or nation, or with any Indian 
tribe, can be underftood to derogate in any 
manner from the rights of free intercourfe and. 
commerce, fecured by the aforefaid third ar- 
ticle of the treaty of amity, commerce and na- 
vigation, to the fubje&s of his Majefty and to 

VOL. II. R * 



C 49* ] 

the citizens of the United States, and to the 
Indians dwelling on either fide of the bounda- 
ry line aforefaid; but that all the faid perfons 
ihall remain at full liberty freely to pafs and 
repafs by land or inland navigation, into the 
refpeclive territories and countries of the con- 
trading parties, on either fide of the faid 
boundary line, and freely to carry on trade 
and commerce with each other, according to 
the ftipulations of the faid third article of the 
treaty of amity, commerce and navigation. 

This explanatory article, when the fame 
/hall have been ratified by his Majefty, and by 
the Prefident of the United States, by and 
with the advice and confent of their Senate, 
and the refpective ratifications mutually ex- 
changed, fliall be added to, and make a part 
of the faid treaty of amity, commerce and na 
vigation, and fliall be permanently binding 
upon his Majefly and the United States. 

IN WITNESS whereof, we, the faid Com- 
miflioners of his Majefty, the King of 
Great-Britain and the United States 
of America, have figned this prefent 
explanatory article, and thereto affix- 
ed our feals. Done at Philadelphia, 
this fourth day of May, in the year of 
our Lord one thoufand feven hundred 
and ninety-fix. 

P. BOND, (L. s,) 

TIMOTHY PICKERING, (L. s.) 



A Treaty of Peace and Amity 

BETWEEN THE 

DEY OF ALGIERS 

AND THE 

UNITED STATES OF AMERICA. 



A TREATY OF PEACE AND AMITY 

Concluded this prcfent day I ima art aft, the 
twenty -firjt of the Luna'fafer, year of the He- 
gira 1210, correfponding with Saturday the 
fifth ef September , one thoufand feven hundred 
and ninety-five, between HafTan Bafhaw, Dev 
of Algiers, his Divan and Subjects, and 
George Wafhington, Prefident of the United. 
States of North- America, and the Citizens cf 
the f aid United 'States. 

ARTICLE I. 

FROM the date of the preient treaty, there 
fhall fubfifl a firm and fincere peace and Peace ; 
amity between the Prefident and citizens c 
of the United States of North-America, and 
Haffan Bafhaw, Dey of Algiers, his Divan and 
fubjefts ; the veffels and fubjecls of both na- 
tions reciprocally treating each other with ci- 
vility, honor and refpecl. 

ARTICLE II. 

All veffels belonging to the citizens of the 
United States of North- America, fhall be per- 
mitted to enter the different ports of the Re- 
gency, to trade with our fubjecls, or any other 
perfons refiding within our jurifdiclion, on 
paying the ufual duties at our cuflom-houfe 
that is paid by all nations at peace with this 
Regency j obferving that all goods difem- 



harked and not fold here fliall be permitted to 
be mmbarked without paying any duty what- 
ever, either for difembarking or embarking. 
All naval and military flores, fuch as gun- 
powder, lead, iron, plank, fulphur, timber for 
.building, tar, pitch, rofm, turpentine, and any 
other goods denominated naval and military 
ftores, mall be permitted to be fold in this Re- 
gency, without paying any duties whatever at 
the cuilom-houfe of this Regency. 

ARTICLE III. 

of The veffels of both nations mail pafs each 
each nation other without any impediment or moleftation ; 

to pafs un- in i . ^- r t 

moicfied. and all goods, monies or pafiengers, of what- 
foever nation, that may be on board of the 
veflels belonging to either party, fliall be con- 
fidered as inviolable, and mall be allowed to 
pafs unmolefled. 

ARTICLE IV. 

All mips of war belonging to this Regency, 
Hen- paflT- on meeting with merchant-veflels belonging 
Tefl"eis'& to citizens of the United States, mail be al- 
ihips ot lowed to viiit them with two perfons only be- 

warfhallbo - , , i r i i 

examined, "de the rowers ; thefe two only permitted to 
^ on board faid .velfel, without obtaining ex- 
prefs leave from the commander of faid . veffel, 
who mail compare the paflport, and immedi- 
ately permit faid veffel to proceed on her 
voyage unmolefled. All mips of war belong- 
ing to the United States of North- America, on 
meeting with an Algerine cruifer, and mail 
have feen her paflport and certificate from the 
Conful of the United States of North Ameri- 
ca, refident in this Regency, friall be permit- 
ted to proceed on her cruife unmolefted : no 
pafTport to be irTued to any mips but fuch as 
are abfolutely the property of citizens of the 
United States : and eighteen montjis fhall be 



C 

the term allowed for furnifhing the {hips of 
the United States with paffports. 

ARTICLE V. 

No commander of any cruifer belonging to 
this regency, mall be allowed to take any per- r j c C mff er 
fon, of whatever nation or denomination, out ma y tak ^ 
of any vefTel belonging to the United States out oFa n 
of North-America, in order to examine them, veiTeiorthe 
or under pretence of making them confefs any 
thing defired ; neither mail they infiicl: any 
corporal punimment, or any way elfe moleii 
them. 

ARTICLE VI. 

If any vefTel belonging to the United States VcfiV1 ' s of 
of North- America, mail be flranded on the u. states 
coaft of this Regency, they mail receive every 
pofFible afmlance from the fubjecfcs of this Re- 
gency : all goods faved from the wreck (hall 
be permitted to be reimbarked on board of 
any other veffel, without paying any duties at 
the cuftom houfe. 

ARTICLE VII. 

The Algerines are not, on any pretence 
whatever, to give or fell any veflel of war to no l. r I ft l { 

-11 TT i ^ r vcffcli of 

any nation at war with the United States of war to the 
North-America, or any veifel capable of crui- u 
fing to the detriment of the commerce of the 
United States. 

ARTICLE VIII. 

Any citizen of the United States of North- 
America, having bought any prize condemned 
by the Algerines, mail not be again captured 
by the cruifers of the regency then at fea, al- 
though they have not a paffport; a certificate 
from the conful refident being deemed fuffi- 
cient, until fuch time they can procure fuch 
paflport. 



[ 50? ] 

ARTICLE IX. 

' Barbar 7 ftates at war w ith the 
United States of North- America, fhall capture 
to atl y American vefTel and brin^ her into any of 

fell prizes . J r T T n n i 

in Algiers, the ports or this Regency, they mail not be 
permitted to fell her, but fhall depart the port 
on procuring the requifite fupplies of provi- 
fion. 

ARTICLE X. 

u. s may Any vefTel belonging to the United States 

!mo d t P he ZCS of North-America, when at war with any 

ports of the other nation, mall be permitted to fend their 

Reency> prizes into the ports of the Regency, have 

leave to difpofe of them, without paying any 

duties on fale thereof. All veffels wanting 

provifions or refremments, fhall be permitted 

to buy them at market price. 

ARTICLE XL 

HO-.V fliips All fhips of war belonging to the United 
u. s. fhaii States of North-America, on anchoring in the 
be treated p Or ts of the Regency, fhall receive the ufual 

m the ports r r r .SL i r n 

of the prefents of provifions and refreihments, gratis. 
Should any of the flaves of this regency make 
their efcape on board faid veflels, they mall 
be immediately returned : No excufe lhall be 
made that they have hid theinfelves amongft 
the people and cannot be found, or any other 
equivocation. 

ARTICLE XII. 

No citizen of th e United States of North- 
redeemed, America, fhall be obliged to redeem any flave 
captured' agatoft his will, even mould he be his brother : 
neither fhall the owner of a ilave be forced to 



a g am ^ his will : but all fuch agree- 
ments muit be made by confent of parties. 
Should any American citizen be taken onboard 
an enemy-fhip, by the cruifers of this Regen- 
cy, having a regular pafTport, fpecifying they 



are citizens of the United States, they mall be 
immediately fet at liberty. On the contrary, 
they having no paffport, they and their pro- 
perty mail be confidered lawful prize ; as this 
Regency know their friends by their paffports. 

ARTICLE XIII. 

Should any of the citizens of the United HOW tRr 
States of North-America, die within the li- 
mits of this Regency, the Dey and his fubjects u. s 
mall not interfere with the property of the de- " 
ceafed ; but it mail be under the immediate be fettled. 
direction of the conful : unlefs otherwife difpo- 
fed of by will. Should there be no conful, the 
effects mall be depofited in the hands of fome 
perfon worthy of truft, until the party mall 
appear who has a right to demand them ; when 
they mail render an account of the property. 
Neither mail the Dey or Divan give hindrance 
in the execution of any will that may appear. 

ARTICLE XIV. 

No citizen of the United States of North- 
America, mall be obliged to purchafe any goods 
againft his will ; but, on the contrary, mall be 
allowed to purchafe whatever it pleafeth him. 
The conful of theUnited States of North- Ame- deb \' of 

. . . n 11 anoint'?. 

rica, or any other citizen, mail not be amena- 
ble for debts contracted by any one of their 
own nation ; unlefs previoufiy they have given 
a written obligation fo to do. Should the Dey 
| want to freight any American veffel that may 
be in the Regency, or Turkey, faid veffel not 
being engaged, in confequence of the friend- 
I mip lubfifting between the two nations, he ex- 
| peels to have the preference given him, on his 
paying the fame freight offered by any other 
nation. 

ARTICLE XV. 
Any difputes or fuits at law, that may take 



L" 504 ] 

place between the fubjefts of the Regency and 
fettled, the citizens of the United States of North-Ame- 
rica, fhall be decided by the Dey in perfon, 
and no other. Any difputes that may arife be- 
tween the citizens of the United States, lhali 
be decided by the conful ; as they are in fiich 
'cafes hoffubjeci: to the laws of this Regency. 

ARTICLE XVI. 

HOW dimes Should any citizen of the United States of 
North- America, kill, wound, or ftrike a fub- 
jecl: of this Regency, he fhall be punifhed in 
the fame manner as a Turk, and not with more 
feverity. Should any citizen of the United 
States of North- America, in the above predi- 
cament, efcape prifon, the conful fhall not be- 
come anfwerable for him. 

ARTICLE XVII. 

The conful of the United States of North- 
lfS-i America, mall have every perfonal fecurity 
the', given him and his houfhold : he fliall have li- 
u. states. b er ty to exercife his religion in his own houfe : 
all Haves of the fame religion, mall not be im- 
peded in going to faid conful's houfe, at hours 
of prayer. The conful mall have liberty and 
perfonal fecurity given him to travel whenever 
he pleafes, within the Regency : he fhall have 
free licenfe to go on board any veffel lying in 
our roads, whenever he mall think lit. The . 
conful fhall have leave to appoint his own dro- 
gaman and broker. 

ARTICLE XVIII. 

in cafe of Should a war break out between the two 
war, cici- nations, the conful of the United States of 
u en s.L y North-America, and all citizens of faid flates, 
embark un- mail have leave to embark themfelves and 
i^cr-rtecu property unmolefted, on board of what veffel 
or veffels they mail think proper. 



! 

ARTICLE XIX. 

Should the cruifers of Algiers capture any citizen* of 
veffel, having citizens of the United States of ^^3!" 
North- America on board, they having papers turcd by 
to prove they are really fo, they and their pro- ^b^t'at 
perty fhall be immediately difcharged. And liberty. 
ffoould the veffels of the United States capture 
any vefTels of nations at war with them, having 
fubjefts of this Regency on board, they fhall 
be treated in like manner. 

ARTICLE XX. 

On a veffel of war belonging to the United vcfleis of 
States of North- America anchoring in our ^hited. be 
ports, the Conful is to inform the Dey of her 
arrival ; and me mall be faluted with twenty- 
one guns ; which me is to return in the fame 
quantity or number. And the Dey will fend 
frefh provifions on board, as is cuftomary, 
gratis. 

ARTICLE XXI. 

The Conful of the United States of North- Conful not 
America fhall not be required to pay duty for l t % pay du * 
any thing he brings from a foreign country for 
the ufe of his houfe and family. 
ARTICLE XXII. 

Should any difturbance take place between Wa T n . ot ^ 

... -V , TT . . , _ . be declared 

the citizens of the United States and the fub- in cafe of 
jeds of this Regency, or break any article of t b r r c e a a t ch ^ 
this treaty, war fhall not be declared immedi- 
ately ; but every thing fhall be fearched into 
regularly : the party injured fhall be made re- 
paration. 

On the 2ift of the Luna of Safer, 12*0, sum to be 
correfponding with the 5th September, 1795, paid to the 
Jofeph Donaldfon, jun. on the part of the Uni- Dcy ' 
ted States of North- America, agreed with Haf- 
fan Bafhaw, Dey of Algiers, to keep the arti- 
cles contained ip. this treaty focred aud 

VOL. II. S 3 




fable ; which we the Dey and Divan promife 
to obferve, on coniideration of the United States 
paying annually the value of twelve thoufand 
Algerine fequins in maritime ftores. Should 
the United Stares forward a larger quantify, 
the overplus fhall be paid for in money, by the 
Dey and Regency. Any veflel that may be 
captured from the dare of this treaty of peace 
and amity, mall immediately be delivered up 
on her arrival in Algiers. 

Signed, 
VIZIR HASSAN BASHAW, f 

x 

JOSEPH DONALDSON, jun. 



"To all to whom thefe Prefents Jhall come, or fa 
made known : 

WHEREAS the under-written David Hum- 
phreys, hath been duly appointed Commifliop> 
er Plenipotentiary, by letters patent under thfc 
fignature of the Prelident, and feal of the Uni* 
ted States of America, dated the 3oth of March 
1795, for negotiating and concluding a treaty 
of peace with the Dey and Governors of Al- 
giers ; whereas by inftru&iong given to him 
on the part of the Executive, dated the 28 tk 
of March and 4th of April, 1795, ha hath fyeen 
iurther authorized to employ Jofeph Donald- 
Ion, junior, on an agency in the faid bulmefs j 
whereas, by a writing under his hand andfeal, 
dated 21 ft. May, 1/95, he did conflitute and 
appoint Jofeph Donaldfon, junior, agent in the 
builnefs aforefaid ; and the faid Jofeph Do- 
naldfon, jun. did, on the 5th of September, 
1795, agree with Hailan Kafliaw, Dey of Al 



57 

giers, to keep the articles of the preceding 
treaty facred and inviolable : 

Now know ye, That I, David Humphreys^ 
-Comrniflioner Plenipotentiary aforefaid, do ap- 
prove and conclude the faid treaty ^ and every 
article and claufe therein contained ; referving 
ihe fame neverthelefs for the final ratification 
of the Prefident of the United States of Ame- 
rica, by and with the advice and confent .of the 
Senate of the faid United States. 

In Te/f/mony whereof, I havs Jtgned the 

fame with my Hand and Seal, at the 

Seal) City of Lift on, this 2Stb of November, 

Z 795- 

DAVID HUMPHREYS. 



TREATY 

O F 

ip, Limits and 

BETWEEN THE 

UNITED STATES OF AMERICA, 

AND THE 

King of Spain . 




HIS Catholic Majefty and the UnitedStates 
of America, defiring to confolidate, on 
a permanent bans, the friendfhip and good 
correfpondence, which happily prevails be- 
tween the two par f i?s, have determined to 
eftablifh, by a convention, feveral points, the 
fettlement whereof will be productive of gene- 
ral advantage and reciprocal utility to both 
nations. 

With this intention, his Catholic Majefty 
has appointed the mod excellent Lord, don 
Manuel de Godoy, and Alvarez de Faria, 
Rios, Sanchez, Zarzofa, Prince de la Paz, 
duke de la Alcudia, lord of the Soto de Ro- 
ma, and of the ftate of Albala, Grandee of 
Spain of the firfl clafs, perpetual regidor of 
the city of Santiago, knight of the illuftrious 
order of the Golden Fleece, and Great Crofs 
of the Royal and diftinguifhed Spanifh ordgr 
of Charles the Hid, commander of Valencia, 
del Ventofo, Rivera, and Acenchal in that of 
Santiago ; Knight and Great Crofs of the 
religious order of St. John ; Counfellor of 
ftate ; firfl Secretary of ftate and defpacho; 
Secretary to the Qjieen; Superintendant Ge- 
neral of the pofts and highways ^ Protestor 



T R A T A D O 

DE 

Amiftad^ Limit ft) y Navegacion 

ENTRl LOS 

E8TADOS UNIDOS DE AMERICA, 

Y EL 



Rey de Efpana. 



DESEANDO S.M. Catolica, y losEftados 
Unidos de America confolidar de un mo- 
do permaaente la buena correfpondencia y 
amiftad que felizinente reyna ntre ambas par- 
tes, han refueko fixar por medio de un coja- 
vcnio varies puntos, d <:uyo arreglo refultara 
un beneficio general, y una utilidad reciproca 
a los dos paifes^ 

Con efta mira han nombrado S. M. Cato- 
lica al Exc'elentiiiino S nr D n - Manuel de Go- 
doy, y Alvarez de Faria, Rios, Sanchez, Zar* 
Tofa, Principe de la Paz, Duque de la Alcu- 
dia, Senor del Soto de Roma, y del Eftado 
de Abala, Grande de Efpafia de primera clafe, 
liegidor perpetuo de la ciudad de .Santiago, 
Caballero de la infigne orden del toyfon de 
Oro, Gran Crmz de la R 1 - y diiiinguida Efpa^ 
fiola de Carlos III. Comendador de Valencia, 
del Ventofo, Rivera, y Aceachal en la de San- 
tiago, Caballero Gran Cruz de la Religion 
de S 1 - Juan, Confejero de Ejlado, primera 
Secretario de Eftado y del Defpacho, Secreta* 
rio de la Reyna Nueiltra, S ra Superintendente 
Oenera! de Correos y Caminos, Prote&or de 
ta R 1 - A?ademia de las nobles artes, y de log 



J 

of the royal Academy of the noble arts, ancf 
of the royal focieties of natural hiftory, bota- 
ny, chemiftry, and aftronomy ; Gentleman of 
the King's chamber in employment ; Captain 
General of his armies ; Infpector and Major 
of the royal corps of body guards, &c.&c. &c, 
and the Prefident of the United States, with 
the advice and confent of their Senate, has 
appointed Thomas Pinckney, a citizen of the 
United States, and their Envoy Extraordina- 
ry to his Catholic Majefty. And the faid Ple- 
nipotentiaries have agreed upon and conclu- 
^ded the following articles : 

ARTICLE I. 

There mail be a firm and inviolable peace 
and fmcere friendfliip between his Catholic 
Majefty, his fuccefibrs and fubjects, and the 
United States, and their citizens, without ex- 
ception of perfons or places. 

ARTICLE II. 

Southern To prevent all difputes on the fubject of 
tne boundaries which feparate the territories 
of the two high contracting parties, it is here- 
by declared and agreed as follows, to wit. 
The fouthern boundary of the United States, 
which divides their territory from the Spanifh 
colonies of Eaft and Weil Florida, mail be 
defignated by a line beginning on the river 
Miflifippi, at the northernmoft part of the thir- 
ty-firft degree of latitude north of the equator, 
which from thence mall be drawn due eaft to 
the middle of the river Apalachicola, or Cata- 
houche, thence along the middle thereof to its 
junction with the Flint : thence flrait to the 
head of St. Mary's river, and thence down 
the middle thereof to the Atlantic ocean. And 
it is agreed, that if there mould be any troops, 
garriforis, or fettleraents of either party, in the 



R les Cabincte de Hiftoria Natural, Jardxn Bo* 
linico, y Obiervatorio Aftronomico; Gentil- 
hombre de de Camara con exercicio ; Capi* 
tan General de los R !es - Exercitos ; Infpcclor 
y S argent o Mayor del R L Cuerpo de Guardias 
de Corps, &c. &c. &c. y el Prefidente de los 
Eftados Unidos, con confentimiento y apro- 
bacion del Senado, a Don Tomas Pinckney, 
ciudadano de los mifmos Eftados, y fu Enviado 
Extraordinario cerca de S. M. Catolica, y am- 
bos Plenipotenciarios han ajuftado y firm ado 
los articulos figuientes : 

ARTICULO I. 

Habra una Paz folida 6 inviolable, y una 
amiftad fmcera entre S. M. Catpliea fus fuc- 
cefores y fubditos, y los Eftados Unidos y fus 
Ciudadano s fin excepcion de perfonas, 6 lu- 
gares- 

ARTICULO II. 

Para evitar toda difpura en punto a lo li- 
mites que feparan los territories de las dos altas 
partes contratantes, fe han convenido, y de- 
clarado en el prefente articulo lo figuiente, a' 
faber. Que el limite meridional de los Eftados 
Unidos, que fepara fu territorio de el de las co- 
lonias Efpanolas de la Florida Occidental y de la 
Florida Oriental, fe demarcara por una linea 
que empieze en el Rio Mififipi, en la parte 
mas feptentrional del grado treinta y uno al 
norte del Equador, y que defde alii figa en 
derechura al Efte, hafta el medio del Rio Apa- 
Hchola 6 Catahouehi, defde alii por la mitad 
de efte Rio hafta fu union con el Flint: de 
alii en derechura hafta el nacimiento del 
Rio Sta. Maria ; y de alii baxando por el m^- 
dio de efte Rio hafta el oceano Atlandco. 
Yfe han convenido las dcs potenciae en que fi 



[ 5" 2 

territory of the other, according to the 
mentioned boundaries, they fhall be with- 
drawn from the faid territory within the term 
affix months after the ratification of this trea- 
ty, or fooner if it be poffible ; and that they 
fhall be permitted to take with them all the 
goods and effects which they poifefs. 

ARTICLE III. 

In order to carry the preceding article into 
effect, one commiffioner and one furveyor fhall 
fioners to be appointed by each of the contracting par- 
boundary ties, who mail meet at the Natchez, on the 
line- left fide of the river MhTifippi, before the ex- 
piration of fix months from the ratification of 
this convention, and they fhall proceed to run 
and mark this boundary according to the fti- 
pulations of the faid article. They fhall make 
plats and keep journals of their proceedings, 
which fhall be considered as part of this con- 
vention, and fhall have the fame force as if 
they were infer ted therein. And if on any ac- 
count it mould be found neceffary that the laid 
eoH&mifliofters and furveyors fhould be accom- 
panied by guards, they fhall be furnifhed in 
equal proportions by the commanding officer 
of his Majefty's troops in the two Floridas, 
and the commanding officer of the troops of 
the United States hi their fouthweftern terri- 
tory, who fhall aft by common confent, and 
amicably, as well with refpecl to this point as 
to the furnifhing of provisions andinflruments, 
and maikiag every other arrangement which 
may be neceffary or u-feful for the execution 
of this article. 

ARTICLE IV. 

It is likewise agreed that the weftern boun- 
dary of the United States which feparates them 



t 5'3 D 

hubiefc tropa, guarniciones, 6 eftablecimientos 
de la una de las dos partes en el territorio de 
la otra, fegun los limites que fe acaban de 
mencionar, fe refiraran de dicho territorio en 
el.termino de feis mefes defpues de la ratifica- 
cion de efte trutado, 6 antes fi fuefe pofible, 
y que fe les permitira llevar conflgo todos los 
bienes y efectos que pofean. 

ARTICULO III. 

Para la execucion del articulo antecedente 
fe nombraran por cada una de las dos altas 
partes contratantes un comifario y un geome- 
tra que fe juntaran en natchez en la orilla 
izquierda del Mififipi, antes de expirar el ter- 
mino de feis mefes defpues de la ratificacion 
de la convencion prefente ; y procederan a la 
demarcacion de eflos limites conforme a lo 
eflipulado en el articulo anterior. Levantaran 
pianos, y formaran Diarios de fus operaciones, 
que fe reputaran como parte de efte Tratado, 
y tendran la mifma fuerza que fi eftubieran 
infertas en el. Y fi por qualquier motivo fe 
creyefe necefario que los dichos Comifarios y 
Geometras fuefen acompanados con guardias, 
fe les daran en numero igual por el general 
que mande las tropas de S. M. en las dos Flo- 
ridas, y el Comandante de las tropas de los 
Eftados Unidos en fu territorio del Sudoefte, 
que obraran de acuerdo y amiftofamente, aft 
en efte punto como en el de apronto de vi- 
veres e inftrumentos, y en tomar qualesquiera 
otras difpoficiones necefarias para la execucion 
dc efte articulo. 



ARTICULO IV. 

Se han convenido igualmente que el limite 
Occidental del territorio de los Eftados Unidos 
VOL, II. T 



C 5'4 ] 

from the Spanifh colony of Louifliana, is in the 
m iddle of the channel or bed of the river 
boundary, Miffifippi, from the northern boundary of the 
v^ttn' faid ftates to the completion of the thirty-firft 
thereof fe- degree of latitude north of the equator. And 
his Catholic Majefty has likewife agreed that 
the navigation of the faid river, in its whole 
breadth from its fource to the ocean, mall be 
free only to his fubjects and the citizens of the 
United States, unlefs he mould extend this 
privilege to the fubjects of other powers by 
fpecial convention. 

ARTICLE V. 

The two high contracting parties mail, by 

How each ,, , P , . b t . 

nation fliaii all the means in their power, maintain peace 
condiua an d harmony among the feveral Indian nations 

with Inch- . . . . . J . .. 11. 

an* in their who inhabit the country adjacent to the lines 
reipedUve an d rivers, which, by the preceding articles, 

territories. r . . ' i r i -ni i 

form the boundaries or the two Flondas. And 
the better to obtain this effect, both parties 
oblige themfelves exprefsly to reftrain by force 
all hoftilities on the part of the Indian nations 
living within their boundary : fo that Spain 
will not fufFer her Indians to attack the citi- 
zens of the United States, nor the Indians in- 
habiting their territory ; nor will the United 
States permit thefe lajl-mentioned Indians to 
commence hoftilities againft the fubjects of his 
Catholic Majefty or his Indians, in any man- 
ner whatever. 

And whereas feveral treaties of friendfhip 
exift between the two contracting parties and 
the faid nations of Indians, it is hereby agreed 
that in future no treaty of alliance or other 
whatever (except treaties of peace) mail be 
made by either party with the Indians living 
within the boundary of the other, but both 
parties will endeavour to make the advantages 



[ 5^5 3 

que los fepara de la Colonia Efpanola de la 
Luifiana efta en medio del canal 6 madre del 
Rio Mififipi defde el limite feptentrional de 
dichos Eftados hafta el complemento de los 
treinta y un grades de latitud al Norte del 
Equador ; y S. M. Catolica ha convenido 
igualmente en que la navegacion de dicho Rio 
en todo fu extenfion defde fu origen hafta el 
oceano, fera libre folo a fus fubditos y a los 
ciudadanos de los Eftados Unidos, a menos 
que par algun tratado particular haga exten- 
fiva efta libertad a fubditos dc ftras potencias. 

ARTICULO V. 

Las dos altas partes contratantes procura- 
ran por todos los medios pofibles mantener la 
paz, y buena armonia entre las diverfus na- 
ciones de Indios que habitan los terrenos ad- 
yacentes a las lineas y rios que en los articulos 
anteriores forman los limites de las dos Flori- 
das ; y para confeguir mejor efte fin fe obligan 
exprefamente ambas potencias a reprimir con 
la fuezza todo genero de hoftilidades de partc 
de las naciones Indias que habitan dentro de 
la linea de fus refpeclivos limites : de modo 
que ni la Efpana permitira que fus Indios 
ataquen a los que vivan en el territorio de los 
Eftados Unidos 6 a fus cindadanos, ni los 
Eftados que los fuyos hoftilicen a los fubditos 
de S. M. Catolica 6 a fus Indios de manera al- 
guna. 

Exiftiendo varies tratados de amiftad entre 
las exprefadas naciones y las dos potencias, fe 
han convenido en no hacer en lo venidero ali- 
anza alguna 6 tratado (excepto los de paz) 
con las Naciones de Indios que habitan den- 
tro de los limites de la otra parte, aunque 
procuraran hacer comun fu comercio en bene- 
ficio amplio de los fubditos y ciudadanos re- 



C 

of the Indian trade common and mutually be- 
neficial to their refpective fubjects and citizens, 
obferving in all things the moil complete re- 
ciprocity, fo that both parties may obtain the 
advantages arifing from a good underftanding 
with the faid nations, without being fubject to 
the expenfe v/hich they have hitherto occa- 
fioned. 

'.TTCLE VI. 

Each pan- (eavour, by all means in 

their power, to protect and defend all veflels 
to P rote<a and other ehl-'^ Mousing to the citizens or 

the velfels / i . o c i_ * < n 11 i_ vt_ 

of the other iubjects of the. otner, ^ ca mall be within 

in their ju the extent of tbcir ii:,i; ; '; '' LI by fea or by 

nidichon. i j in" ,- "n i , 

land, and fh.iii u.--. all tfo ir tiiorts to recover 
and caufe to be rc;l')rc.i to ilrj right owners, 
their vefTels a- ,. e* i [ ; v. hich may have been 
taken from them \\ 1: hin the extent of their 
faid jurifdiclioii. vvKether they are at war or 
not with the pov;-. ; ! abjefts have taken 

polTeffion of the faid :: .Vets. 

ARTICLE VII. 
And it is agreed that the fubie&s or citi- 

No cmbar- r i r i o i 

go allowed, zcns or each or the contracting parties, their 

veflels or effects, {hall not be liable to any env 

bargo or detention on the part of the other, 

for any milit:i iy expedition or other public or 

private purpoie whatever: And in all cafes of 

in cafes of feizure, detention, or arreft for debts con- 

JebtYor^ tracl'ed, or offences committed by any citizen 

crimes ho\v or IV.bJL'/l of the one party within the jurifdic- 

o proceed. Q j - 



profecntcd iiy r>rder and authority of law only, 
and accord i?.i-- to the regular courfe of pro- 
ceedings uiVuii in fuch :;ifes. The citizens and 
fubjects of bcth par; i :;:all be allowed to em- 
ploy fuch advcv ic.-f ors, notaries, agents 

and factors, as they may judge proper, in all 



C 517 ] 

fpe&ivos, guardandofe en todo la reciprocidad 
mas completa, de fuerte que fm los difpendios 
que han caufado hafta ahora dichas naciones 
a las dos partes contratantes, configan ambas 
todas las ventajas que debe producir la armo- 
nia con ellas. 



ARTICULO VI. 

Cada una de las dos partes contratantes pro- 
curara por todos los medios pofibles, proteger 
y defender todos los buques y qualesquiera 
otros efeftos pertenecientes a los fubditos y 
cindadanos de la otra que fe hallen en la ex- 
tenfion de fu jurifdicion por mar 6 por tierra, 
y empleara todos fus esfuerzos para recobrar 
y hacer reftituir a los proprietarios legitimos 
los buques y efeclos que fe les hayan quitado 
en la extenfion de dicha jurifdiccion eften 6 no 
en guerra con la potencia cuyos fubditos ha- 
yan interceptado dichos efeclos. 

ARTICULO VII. 

Se ha convenido que los/ubditos y ciudada- 
nos de una de las partes contratantes, fus 
buques, 6 efeclos no podran fujetarfe a nin- 
gun embargo 6 detencion de parte de la otra 
a caufa de alguna expedicion militar, ufo pu- 
blico 6 particular de qualquiera que fea. Y en 
los cafos de aprehenfion dotencion 6 arreilo, 
bien fea por deudas contrahidas a ofenfas co* 
metidas por algun cindadano 6 fubdito de una 
de las partes contratantes en la jurifdicion de 
la otra, fe procedera unicinKnte por orden y 
autoridad de la jufticia, y fegun los tramites 
ordinaries feguidos en feme] antes cafos. Se 
permitira a los ciudadanos ,y fubditos de am- 
bas partes emplear los abogados, procuradores, 
notarios, agentes 6 fadtores que juzguen mas 



C 518 



their affairs, and in all their trials at law, in 
which they may be concerned, before the tri- 
bunals of the other party ; and fuch agents 
fhall have free accefs to be prefent at the pro- 
ceedings in fuch caufes, and at the taking of all 
examinations and evidence which may be ex- 
hibited in the faid trials. 

ARTICLE VIII. 

In cafe the fubje&s and inhabitants of either 

to P art y> wkh t ^ le ^ r Dipping? whether public and 
port by of war, or private and of merchants, be forced, 
wither to tnrou g n ftrds of weather, purfuit of pirates or 
fee relieved, enemies, or any other urgent neceflity,for feck- 
ing of fhelter and harbour, to retreat and enter 
into any of the rivers, bays, roads or ports be- 
longing to the other party, they fhall be re- 
ceived and treated with all humanity, and en- 
joy all favor, protection and help, and they 
fhall be permitted to refrefh and provide them- 
felves, at reafonable rates, with vicluals and 
all things needful for the fuflenance of their 
perfons, or reparation of their fhips and pro- 
fecution of their voyage ; and they fhall no 
ways be hindered from returning out of the 
faid ports or roads, but may remove and de- 
part when and whither they pleafe, without 
any let or hindrance. 

ARTICLE IX. 

All fhips and merchandize, of what nature 
property f oe ver, which fhall be refcued out of the hands 

taken from . . . . _ 

pirates to of any pirates or robbers on the high leas, 
be reftored. 0^11 be brought into fome port of either ftate, 
and fhall be delivered to the cuftody of the 
officers of that port, in order to be taken care 
of, and reftored entire to the true proprietor, 
as foon as due and fufficient proof fhall be 
made concerning tne property thereof. 



C S'9 3 

a propofito en todos fus afuntos y en todos los 
pleytos que podran tener en los tribunales de 
la otra parte, a los quales fe permitira igual- 
mente el tener libre accefo en las caufas, y 
eltar prefentes a todo examen y teftimonios 
que podran ocurrir en los pleytos. 

ARTICULO VIII. 

Quando los fubditos y habitantes de la una 
de las dos partes contratantes con fus buques, 
bien fean publicos 6 de guerra, bien particu- 
lares 6 mercantiles fe viefen obligados por una 
tempeftad, por efcapar de piratas 6 de ene- 
migos, 6 por qualquiera otra necefidad ur- 
gente a bufcar refugio y abrigo en alguno de 
los rios, bahias, radas, 6 puertos de una de 
las dos partes, feran recibidos y tratados con 
humanidad, y gozaran de todo fabor, protec- 
cion, y focorro, y les fera licito proveerfe de 
refrefcos, viveres, y demas cofas necefarias 
para fu fuftento, para componer fus buques, y 
continuar fu viage, todo mediante un precio 
equitativo ; y no fe les detendra 6 impedira 
de modo alguno el falir de dichos puertos 6 
radas, antes bien podran retirarfe y partir co- 
mo y quando les pareciere fin ningun obftacti- 
lo 6 impedimenta, 

ARTICULO IX. 

Todos los buques y mercaderias de qual- 
quiera naturaleza que fean, que fe hubiefen 
quitado a algunos piratas en alta mar y fe tra- 
xefen a algun puerto de una de las dos poten- 
cias, fe entregaran alii a los oficiales 6 emplea- 
dos en dicho puerto a fin de que los guarden 
y reftituyan integramente a fu verdadero pro- 
prietario luego que hiciefe conftar debida y 
plenamente que era fu legitima propiedad. 



ARTICLE X. 

When any veiTel of either party fhall be 
wrecked, foundered, or otherwife damaged, on 
tne coafts or within the dominion of the other, 
to be r t - their refpedive fubjecls or citizens fhall re- 
ceive, as well for themfelves as for their vef- 
fels and effecls, the fame afliftance which 
would be due to the inhabitants of the country 
where the damage happens, and mall pay the 
fame charges and dues only as the faid inha- 
bitants would be fubjecl to pay in a like cafe : 
And if the operations of repair would require 
that the whole or any part of the cargo be un- 
laden, they fhall pay no duties, charges or fees 
on the part which they fhall relade and carry 
away. 

ARTICLE XL 

The citizens and fubjecls of each party fhall 
settlement j lave p Ower to difpofe of their perfonal goods, 

of the el- . . r . . _ . . r n : 

de- within the juriidicuon of the other, by telta- 
PCF " ment > donation or otherwife, and their repre- 
fentatives being fubjeds or citizens of the other 
party, fhall fucceed to their faid perfonal goods, 
whether by teftament or ab inteftato, and they 
may take poffefiion thereof, either by them- 
felves or others ading for them, and difpofe of 
the fame at their will, paying fuch dues only 
as the inhabitants of the country wherein the 
faid goods are, fhall be fubjed to pay in like 
cafes. 

And in cafe of the abfence of the reprefen- 
tative,fuch care fhall be taken of the faid goods, 
as would be taken of the goods of a native in 
like cafe, until the lawful owner may take mea- 
fures for receiving them. And if queftions 
fhall arife among feveral claimants to which 
of them the faid goods belong, the fame fhall 



[ 5" 3 

ARTICULO X. 

En el cafo de que un buque perteneciente 
a una de las dos partes contratantes naufru- 
gafe, varafe, 6 fufriefe alguna averia en las 
coitas 6 en los dominios de la otra, fe focor- 
ra a los subditos 6 ciudadanos reipedivos, 
asi a fus perfonas como a fus buques y efeftos, 
del mifmo modo que fe haria con los habitantes 
del pais donde fuce-Ja la defgracia, y pagaran 
folo las mifmas cargas y derechos que fe hu- 
bieran exigido de dichos habitantes en feme- 
jante cafo. Y fi fuefe nccefario para componer 
el buque que fe defcargue el cargamento en 
todo 6 en parte, no pagaran impuefto alguno, 
carga, 6 derecho de lo que fe vuelva a embar- 
car para fer exportado. 

ARTICULO XL 

Los ciudadanos 6 subditos de una de las dos 
partes contratantes tendran en los eftados de 
la otra la libertad de difponer de fus bienes 
perfonales bien fea por teftamento, donacion, 
u otra manera, y fi fus herederos fuefen sub- 
ditos 6 ciudadanos de la otra parte contra- 
tante, fucederjn en fus bienes ya fea en virtud 
de teftamento 6 ab inteftato, y podran tomar 
pofefion, bien en perfona, 6 por medio de 
otros que hagan fus veces, y difponer como 
les pareciere fin pagar mas derechos que 
aquellos que deben pagar en cafo femejante los 
habitantes del pais donde fe verificafe la he- 
rencia. 

Y fi eftubiefen aufentes los herederos fe 
cuidara de los bienes que les hubiefen tocado, 
del mifmo modo que fe hubiera hecho en fe- 
mejante ocafion con los bienes de los naturales 
del pais, hafta que el legitimo propietario ha- 
ya aprobado las difpoficiones para recoger^la 
herencia. Si fe fufcitafen difputas entre dife- 

VOL. II. V 3 



C 5" 1 

foe decided finally by the laws and judges of 
the land wherein the faid goods are. And 
where, on the death of any perfon holding real 
eftate within the territories of the one party, 
fuch real eflate would by the laws of the land 
defcend on a citizen or fubject of the other, 
were he not difqualified by being an alien, fuch 
fubjeft fhall be allowed a reafonable time to 
fell the fame, and to withdraw the proceeds 
without moleftation, and exempt from all 
rights of detraction on the part of the govern- 
ment of the refpective Hates. 



ARTICLE XII. 

merchant- mips of either of the parties 
peacd mail which fhall be making into a port belonging to 
pa<Tports & t ^ le enem y f the other party, and concerning 
certificates, whofe voyage, and the fpecies of goods on 
board her, there fhall be juft grounds of fuf. 
picion, fhall be obliged to exhibit as well upon 
the high feas as in the ports and havens, not 
only her paffports but likewife certificates^ ex* 
prefsly mewing that her goods are not of the 
number of thofe which have been prohibited 
as contraband. 

ARTICLE XIII. 

For the better promoting of commerce on 
in cafe of footh f lc i es ft j s agreed, that if a war fhall break 

war Y vpir ^ O 

out between me faid two nations, one year af- 
ter the proclamation of war mall be allowed 
to the merchants, in the cities and towns where 
they fhall live, for collecting and tranfporting 
their goods and merchandizes : And if any 
thing be taken from them or any injury be 
done them within that term, by either party, 
or the people or fubje&s of either, full fatif- 
faction fhall be made for the fame by the go- 
vernment, 



war i year 



3 

rentes competidores que tengan derecho a la 
herencia, feran terminadas en ultima inftancia 
fegun las leyes, y por los jueces del pais en que 
vacafe la herencia. Y fi por la muerte de al- 
guna perfona que pofeyefe biencs raices fobre 
el territorio de una de las partes contratantes, 
eftos bienes raices llegafen a pafar fegun las 
leyes del pais a un subdito 6 ciudadano de la 
otra parte, y efte por fu calidad de extrangero 
fuefe inhabil para pofeerlos, obtendra un t er- 
mine convenient e para venderlos y recoger fu 
produclo fin obitaculo, exento de todo derecho 
de retencion de parte del gobierno de lo? 
Eilados refpeclivos. 

ARTICULO XII. 

A los buques mercantes de las dos partes 
que fuefen deftinados a puertos pertenecientes 
a una potencia enemiga de una de las dos, cuyo 
viage y naturaleza del cargamento diefe juflas 
fofpechas, fe les obligara, a prelentar bien fea 
en alta mar, bien en los puertos y cabos, no 
folo fus pafaportes fmo tambien los certificados 
que probaran exprefamente que fu cargamen- 
to no es de la efpecie de los que eftan prohibidos 
co mo de contrabando. 

ARTICULO XIII. 

A fin de faborecer el comercio de ambas 
partes, fe ha convenido que en el cafo de rom- 
perfe la guerra entre las dos naciones, fe con* 
cedera el termino de un ano defpues de fu de- 
claracion, a los comerciantes en las villas y 
ciudades que habitan, para juntar y tranfportar 
fus mercaderias, y fi fe les quitafe alguna 
parte de ellas, 6 hiciefe algun dano durante 
el tiempo prefcrito arriba por una de las dos 
potencias fus pueblos 6 subditos, fe les dar 
eneftepunto entera fatisfaccion por el gobier* 
no. 



ARTICLE XIV. 

No fubjeft of his Catholic Majefty fhall ap~ 
No citizen ply for, or take any commiflion or letters of 
cr -marque, for arming any fhip or mips to aft 



naton 



take a as privateers againft the faid United States, or 
againft the citizens, people or inhabitants of 
reign pow- the faid United States, or againft the property 
privateers of any of the inhabitants of any of them, from 
againft the an y prince or ftate with which the faid United 

other. o n 11 t 

States fhall be at war. 

Nor mail arty citizen, fubjeft or inhabitant 
of the faid United States apply for or take any 
com minion or letters of marque for arming 
any fhip or Ibips to aft as privateers againft 
the fubjecls of his Catholic Majefty, or the pro- 
perty of any of them, from any prince or ftate 
with which the faid king mail be at war. And 
if any perfon of either nation mail take fuch 
commifiions or letters of marque, he fhall be 
pum'fhed as a pirate. 

ARTICLE XV. 

Libert of ^ ma ^ ^ e ^ aw ^ u ^ ^ or a ^ anc ^ Angular the 
trade to fubje&s of his Catholic Majefty, and the citi- 
- zens 5 People and inhabitants of the faid Uni- 
ted States, to fail with their mips, with all man- 
ner of liberty and fecurity, no diftinclion be- 
ing made who. are the proprietors of the mer- 
chandizes laden thereon, from any port to the 
places of thofe who now are, or hereafter fhall 
be at enmity with his Catholic Majefty or the 
Free flvips United States. It fhall be likewife lawful for 
make free the fubjecls and inhabitants aforefaid, to fail 
cq!fin'g ex with the fhips and merchandizes aforemen- 
coi.tra- tioned, and to trade with the fame liberty and 
fecurity from the places, ports and havens of 
thofe who are enemies of both or either party, 
without any oppofition or difturbance whatfo- 
ever, not only diredly from the places of the 



[ 5*5 3 

ARTICULO XIV. 

Ningun subdito de S. M. Catolica tomara 
encargo 6 patente para atmar buque 6 buques 
que obren como corfarios contra dichos Eftados 
Unidos, 6 contra los ciudadanos pueblos y 
habitr-nr.es de los mifmos, 6 contra fu propie- 
dad 6 la de los habitantes de alguno de ellos 
de qualquier Principe que fea con quien eftu- 
bieren en guerra los Eftados Unidos. 

Ygualmente ningun ciudadano 6 habitante 
de dichos Eftados Unidos pedira 6 aceptara 
encargo 6 patente para armar algun buque 6 
buques con el fin de perfeguir los subditos de 
S. M. Catolica, 6 apoderarfe de fu propiedad, 
de qualquier Principe 6 Eftado que fea COR 
quien eftuviere en guerra S. M. Catolica. Y fi 
algun individuo de una 6 de otra nacion to- 
mafe femej antes encargos 6 patentes fera cafti- 
gado como pirata. 

ARTICULO XV. 

Se permitira a todos y a cada uno de los sub- 
ditos de S. M. Catolica, y a los ciudadanos 
pueblos y habitantes de dichos Eftados, que 
puedan navegar con fus embarcaciones con to- 
da libertad, y feguridad fin que haya la me- 
nor excepcion por efte refpe&o, aunque los 
propietarios de las mercaderias cargadas en 
las referidas embarcaciones vengan del puerto 
que quieran, y las traygan deftinadas a qual- 
quiera plaza de una potencia aftualmente ene- 
miga 6 que lo fea defpues, asi de S. M. Cato- 
lica como de los Eftados Unidos. Se permitira 
igualmente a los subditos y habitantes mencio- 
nados navegar con fus buques y mercaderias, 
y freqiientar con igual libertad y feguridad las 
plazas y puertos de las potencias enemigas de 
las partes contratantes, 6 de una de ellas fin 



enemy aforementioned, to neutral places, but 
alfo from one place belonging to an enemy, 
to another place belonging to an enemy, whe- 
ther they be under the juriidiction of the fame 
prince or under feveral ; and it is hereby fli- 
pulated, that free mips mall alfo give freedom 
to goods, and that every tRing mall be deem- 
ed free and exempt which fliall be found on 
board the mips belonging to the fubjects of ei- 
ther of the contracting parties, although the 
whole lading, or any part thereof, Ihould ap- 
pertain to. the enemies of either : Contraband 
goods being always excepted. It is alfo^ greed, 
that jhe fame liberty be extended to perions 
who are on board a free mip, fo that although 
they be enemies to either party, they (hall not 
be made prifoners or taken out of that free 
Ihip, unlefs they are foldiers and in actual fer~ 
vice of the enemies. 



ARTICLE XVI. 

what arti- This liberty of navigation and commerce 
deemed' 1 be ^ a ^ exten ^ to a ^ kinds of merchandizes, ex- 
ebntra- cepting thofe only, which are diftinguimed by 
band. j^g name o f contraband : And under this 
nnme of contraband or prohibited goods, mail 
be comprehended arms, great guns, bombs, 
with the fufees, and the other things belong- 
ing to them, cannon-ball, gunpowder, match, 
pikes, fwords, lances, fpears, halberds, mor- 
tars, petards, grenades, faltpetre, mufquets, 
mufquet-ball, bucklers, helmets, breaft-plates, 
coats of mail, and the like kinds of arms, pro- 
per for arming foldiers, mufquet-refts, belts, 
horfes with their furniture, and all other war 



[ 5*7 3 

opoficion u obftaculo, y de comerciar no folo 
defde ios puertos de dicho enemigo a un puer- 
to neutro direftamente, fi no tambien defde 
uno -enemigo a otro tal, bien fe encuentre 
baxo fu jurifdicion, 6 baxo la de muchos ; y 
fe eftipula tambien por el prefente tratado que 
Ios buques libres aieguraran igualmente la li- 
ber tad de las mercaderias, y que fe juzgaran 
libres todos Ios efeclos que fe hallaten a bordo 
de Ios buques que perteneciefen a Ios subditos 
de una de las partes contratantes, aun quando 
el cargamento por entero 6 parte de el fuefe 
de Ios enemigos de una de las dos, bien enten- 
dido fm embargo que el contrabando fe excep- 
tua fiempre* Se ha convenido asi mifmo que 
la propia libertad gozaran Ios fugetos que pu- 
diefen encontrarfe a bordo del buque libre, 
aun quando fuefen enemigos de una de las dos 
partes contratantes ; y por lo tanto no fe po- 
dra hacerlos prifioneros ni fepararlos de dichos 
buques a*menos que no tengan la qualidad de 
militares, y efto hallandofe en aquella fazon 
empleados en el fervicio del enemigo. 

ARTICULO XVI. 

Efta libertad de navegacion y de comercio 
debe extenderfe a toda efpecie de mercaderias 
exceptuando folo las que fe comprehenden 
baxo nombre de contrabando, 6 de mercade- 
rias prohibidas, quales fon las armas, canones, 
bombas con fus mechas, y demas cofas perte- 
necientes a lo mifmo, balas, polvora, mechas, 
picas, efpadas, lanzas, dardos, alabardas, mor- 
teros, petardos, granadas, falitre, fufiles, balas, 
efcudos, cafquetes, corazas, cotas de malia, y 
otras arrnas de efta efpecie propias para armar 
a Ios foldados, portamofquetes, bandoleras, ca- 
ballos con fus armas y otros inftrumentos de 
guerra fean Ios que fueren, Pero Ios generos 



C 

what arti- a ^e inftruments whatever. Thefe merchandi- 
cics haii zes which follow, (hall not be reckoned among 
contra^ contraband or prohibited goods : That is to 
band. fay, all forts of cloths, and all other manu- 
factures woven of any wool, flax, filk, cotton, 
or any other materials whatever ; all kinds of 
wearing apparel, together with all fpecies 
whereof they are ufed to be made ; gold and 
filver, as well coined as uncoined, tin, iron, 
latten, copper, brafs, coals; as alfo wheat, bar- 
ley and oats, and any other kind of corn and 
pulfe ; tobacco, and likewife-all manner of 
fpices, faked and fmoked flefh, falted fiih, 
cheefe and butter, beer, oils, wines, fugars, 
and all forts of falts : And in general, all pro- 
vifions which ferve for the fuftenance of life : 
Furthermore, all kinds of cotton, hemp, flax, 
tar, pitch, ropes, cables, fails, fail-cloths, an- 
chors, and any parts of anchors, alfo mips' 
mafts, planks and wood of all kind, and all 
other things proper either for building or re- 
pairing mips, and all other goods whatever, 
which have not been worked into the form 
of any inftrument prepared for war, by land 
- or by fea, mall not be reputed contraband, 
much lefs, fuch as have been already wrought 
and made up for any other ufe ; all which {hall 
be wholly reckoned among free goods : As 
likewife all other merchandizes and things 
which are not comprehended aird particularly 
mentioned in the foregoing enumeration of 
contraband goods : So that they may be tranf- 
ported and carried in the freed manner by 
the fubje&s of both parties, even to places be- 
longing to an enemy, fuch towns or places be- 
ing only excepted, as are at that time befieg- 
ed, blocked up, or invefted. And except the 
cafes in which any fhip of war, or fquadron 



L 5*9 ] 

y mercaderias que fe nombraran ahora, no fe 
comprehenderan entre los de contrabando 6 
cofas prohibidas, a faber : to da efpecie de pa- 
fios y qualefquiera otras telas de lana, lino, fe- 
da, algodonu otras qualefquiera materias, toda 
efpecie de veflidos con las telas de que fe acof- 
tumbran hacer, el oro y la plata labrada en 
moneda 6 no, el eftano, hierro, laton, cobre, 
bronce, carbon, del mifmo modo que la ce- 
vada, el trigo, la avena, y qualquiera otro ge- 
nero de legumbres. El tabaco y toda la efpe- 
ceria, came falada y ahumada, pefcado fala- 
do, quefo y manteca, cerveza, aceytes, vinos, 
azucar, y toda efpecie de fal, y en general to- 
do genero de provifiones que firvan para el 
fuftento de la vida. Ademas toda efpecie de al- 
godon, canamo, lino, alquitran, pez, cuerdas, 
cables, velas, telas para velas, ancoras, y partes 
de que fe componen. Maftites, tablas, maderas; 
de todas efpecies, y qualesfquiera otras cofas 
que firvan para la conftruccion y reparacion 
de los buques, y otras qualefquiera materias 
que no tienen la forma de un inftrumento 
preparado para la guerra por tierra 6 por mar, 
no feran reputadas de contrabando, y menos 
las que eflan ya preparadas para otros ufos. 
Todas las cofas que fe acaban de nombrar de- 
ben fer comprehendidas entre las mercaderias 
libres, ID mifmo que todas las demas mercade- 
rias y efettos que no eitan comprehendidos y 
nombrados exprefamente en la enumeracion de 
los generos de contrabando, de manera que 
podran fer tranfportados y conducidos con la 
mayor libertad por los subditos de las dos partes 
contratantes a las plazas enemigas, exceptuan- 
do fin embargo las que fe hallafen en la a&uali- 
dad fitiadas, bloqueadas, 6 embeftidas, y los 
cafos en que algun buque de guerra 6 efqua 

VOL. II. X 3 



{hall, in confequence of (lorms or other ? 
-dents at fea, be under the neceffity of takm^ 
the cargo of -any trading veffel or veffels, IP 
which cafe they may flop the faid veffel or vef- 
fels, and furnifh themlelves with neceffaries, 
giving a receipt, in order that the power to 
whom the faid ihip of war belongs, may pay 
for the articles fo taken, according to the price 
thereof, at the port to which they rn ay appear 
to have been declined by the i hip's 'papers: 
and the two contracting parties engage, -that 
the veffels mall not be detained longer than 
may be abfolutely neceffary for their laid mips 
to iupply themfelves with neceffaries : That 
they will immediately pay the value of the re- 
ceipts, and indemnify the proprietor for all 
loffes which he may have fuftained in confe- 
quence of fuch tranfaclion. 

ARTICLE XVII. 

To the end, that all manner of diffentions 
tiols re- an d quarrels may be avoided and prevented 
f peeing on one fide and the other, it is agreed, that in 
s^d P fea- S> cafe either of the parties hereto, mould be en- 
letters. gaged in a war, the mips and veffels belonging 
to the fubjefts or people of the other party 
mufl be furnifhed with fea-letters or paffports, 
expreffing the name, property, and bulk of the 
fhip," as alfo the name and place of habitation 
of the mafler or commander of the faid fhip, 
that it may appear thereby, that the fliip really 
and truly belongs to the fubjects of one of 
the parties, which paffport mail be made out 
and granted according to the form annexed to 
this treaty. They mail likewife be recalled 
every year, that is, if the fhip happens to re- 
turn home within the fpace of a year. 

It is likewife agreed, that fuch mips being 
laden, are to be provided not only with 



C 531 ] 

dra que por efeclo de avena, u otras c.aufas fe 
halle en necefidad de tomar los efeftos que 
.conduzca el buque 6 buques de coraercio, 
pues en tal cafo podra detenerlos para aprovi- 
iionarfe, y dar un recibo para que la potencia 
cuyo fea el buque que tome los efectos, los 
pague fegun el valor que tendrian en el puerto 
adonde fe dirigieie el propietario, fegun lo ex- 
prefen fus cartas de navegacion : obligandofe 
las dos partes contratantes a no detener los 
buques mas de lo que fea abfolutamente nece- 
fario paro aprovifionarfe, pagar inmediata* 
mentc los recibos, e indemnizar todos los da- 
nos que fufra el propietario a confequencia de 
femejante fucefo. 



ARTICULO XVII. 

A fin de evitar entre ambas patres toda ef- 
pecie de difputas y quejas, fe ha convenido 
que en el cafo de que una de las dos potencias 
fe hallafe empenada en una guerra, los buques 
y baftimentos pertenecientes a los subditos 6 
pueblos de la otra, deberan llevar configo pa- 
tentes de mar 6 pafaportes que exprefen el 
nombre, la propiedad, y el porte del buque, 
como tambien el nombre y morada d^ fu due- 
ino y comandante de dicho buque, para que 
de efte modo confte que pertenece real y ver- 
daderamente a los subditos de una de las dos 
partes contratantes ; y que dichos pafaportes 
deberan expedirfe fegun el modelo adjunto al 
prefente tratado. Todos los anos deberan re- 
novarfe eftos pafaportes en el cafo de que el 
buque vuelva a fu pais en el efpacio de un ano. 

Iguahnente fe ha conveindo en que los bu- 
ques mencionados s^rriba, fi eftuviefeix cargar 



[ 53= 3 

ports as above-mentioned, but alfo with certi- 
ficates, containing the feveral particulars of 
the cargo, the place whence the (hip failed, that 
,fo it may be known whether any forbidden or 
contraband goods be on board the fame : 
which certificates mail be made out by the offi- 
cers of the place whence the fhip failed in the 
accuflomed form : And if any one ihall think 
it fit or advifable to exprefs in the faid certifi- 
cates, the perfon to whom the goods on board 
belong, he may freely do fo : Without which 
requifites they may be fent to one of the ports 
of the other contra&ing party, and adjudged 
by the competent tribunal, according to what 
is above fet forth, that all the circumftances of 
this omifiion having been well examined, they 
mail be adjudged to be legal prizes, unlefs they 
mall give legal fatisfadion of their property 
by teftimony entirely equivalent. 

ARTICLE XVIIL 

If the mips of the faid fubje&s', people, or 
" inhabitants, of either of the parties, fhall be 
me t with, either failing along the coafts or on 
the high feas, by any fhip of war of the other, 
or by any privateer, the faid fhip of war or pri- 
vateer f JT the avoiding of any diforder, fhali 
remain out of cannon fhot, and may fend their 
boats a-board the merchant Ihip, which they 
fhall fo meet with, and may enter her to num- 
ber of two or three men only, to whom the 
mailer or commander of fuch fhip or veifel 
ihall exhibit his pafiports, concerning the pro- 
perty of the ihip, made out according to the 
form inferted in this prefent treaty, and the 
fhip when me fhall have {hewed fuch paiTport, 
fhall be free and at liberty tQ purfue her voy- 
age, fo as it ihall not be lawful to molefl or 
give her chace in any manner, or force her to 
quit her intended courfe. 



[ 533 1 

dos, deberan llevar no folo los pafaportes fmo 
tambien certlficados que contengan el porme- 
nor del cargamento, el lugar de donde ha fa- 
lido el buque, y la declaracion de las mercade- 
derias de contrabando que pudiefen hallarie 
a bordo, cuyos certificados deberan expedirfe 
en la forma acoftumbrada por los oficiales em- 
pleados en el lugar de donde el navio fe hiciefe 
a la vela, y fi fe juzgafe litil y prudcnte expre- 
far en dichos pafaportes la perfona propietaria 
de las mercaderias fe podra hacer libremente, 
fin cuyos requifitos fera conducido a uno de 
los puertos de la potencia refpectiva, y juzga- 
do por el tribunal competente, con arreglo a 
lo arriba dicho, para que examinadas bien las 
circunflancias de fu falta, fea condenado por 
de buena prefa fi no fatisfaciefe legalmente con 
los teflimonios equivalentes en un todo. 

ARTICULO XVIII. 

Quando un buque perteneciente a los dichos 
subditos pueblos y habitantes de una de las 
dos partes fuefe encontrado navegando a lo 
largo de la cofta 6 en plena mar por un buque 
de guerra de la otra 6 por un corfario, dicho 
buque de guerra 6 corfario, a fin de evitar to- 
do deforden, fe mantendra fuera del tiro de 
canon, y podra enviar fu chalupa a bordo del 
buque mercante, hacer entrar en el dos 6 tres 
hombres a los quales enfenara el patron 6 co- 
mandante del buque fu pafaporte y demas do- 
cumentos, que deberan fer- conformes a lo 
prevenido en el prefente tratrado, y probara 
la propiedad del buque, y defpues de haber 
cxhibido femejante pafaporte y documentos, fe 
les dexara feguir libremente fu viage, fin que 
les fea licito el moleilarle ni procurar de modo 
alguno darle caza, u obligarle a dexar el rum- 
bo que feguia. 



[ 534 ] 

ARTICLE XIX. 

Confuls (hall be reciprocally eftabliflied, 

Confuls. w ith the privileges and powers which thofe 

of the inoft favored nations enjoy, in the ports 

where their confuls reiide or are permitted to 

be. 

ARTICLE XX. 

courts of" It is alfo agreed that the inhabitants of the 
jufticc to territories of each party fhall refpeclively have 

be open to r r , r J r . . * r , J . 

citizens of free acceis to the courts of juthce of the other, 

anc * ^ le y ^ ia ^ k e P erm * tte d to profecute fuits 
for the recovery of their properties, the pay- 
ment of their debts, and for obtaining fatis- 
faclion for the damages whicli they may have 
foflained, whether the perfonswhom they may 
fue be fubjecis or citizens of the country in 
which they may be found, or any other per- 
fons whatsoever,, who may have taken rufuge 
therein ; and the proceedings and fentences 
of the faid courts i'hall be the fame as if the 
contending parties had been fubjects or citi- 
zens of the faid country. 

ARTICLE XXI. 

In order to terminate all differences on ac- 
count of the lories fuftained by the citizens 
be made to o f t h e United States in confequence of their 

citizen* of -p . i'ii 

u. s. for veiiels and cargoes having been taken by the 
illegal fubjeds of his Catholic Majeiiy, cKirine the 

aptures J ^ . 1T , J -'.. fc ' 

>f vefleis late war between bpam and r ranee, it is agreed 
that a ii f ucn ca f es j^jj be re f er red to the final 

. f , ... 

decmon or commimoners to be appointed in 
the following manner. His Catholic Majefly 
Ihall name cue, canirniflioner, and the Prefi- 
dent of the United States, by and with the 
advice and confent of their Senate, fhall ap- 
point another, ajid the faid two commifTioners 
fhall agree on thje choice of a third,, or if they 
cannot agree fo, they fliall each propofe one 



[ 535 1 

ARTICULO XIX. 

Se eitableceran Confules reciprocamente 
con los privilegios y facnltades que gozaren 
los de las naciones mas favorecidas en los pucr- 
tos donde los tuviereii eilas, 6 les fea licito el 
tenerlos. 

ARTICULO XX. 

Se ha convenido igualmente que los habi- 
tantes de los terntorios de una y otra parte ref- 
peclivamente feran admitidos en los tribunales 
de jufticia de la otra parte, y les fera permitido 
el entablar fus pleytos para el recobro de fus 
propiedades, pago de fus deudas, y fatisfaccfon 
de los danos que hubiefen recibido 'bien fean 
las perfonas contra las quales fe quejaferi sub- 
ditos 6 ciudadanos del pais en el que fe hallen, 
6 bien fean qualefquiera otros fugetos que 
hayan refugiado alii ; y los pleytos y fenten- 
cias de dichos tribunales feran las mifmas que 
hubieran fido en el cafo de que las partes liti- 
gantes fuefen subditos 6 ciudadnnos del mifmo 
pais. 

ARTICULO XXI. 

A fin de concluir todas las difenfiones fobre 
las perdidas que los ciudadanos de Ids Eftados 
Unidos hayan fufrido en fus buques y carga- 
mentos aprefados por los vafallos de S. IVL Ca- 
tolica durante la guerra que fe acaba de fina- 
llzar entre Efpaiia y Francia, fe ha convenido 
que todos eilos cafos fe determinaran final- 
mente por comifarios que fe nombraran de 
efta manera : S. M. Catolica nombrara uno, y 
el Prefidentc de los Eftados Unidos otro con 
confentimiento y aprobacion del Senado ; y 
eftos dos comifarios nombraran un tercero de 
comun acuerdo : pero fi no pudiefen acor- 
darfe, cada uno nombrara una perfona, y fus 
dos nombres oueftos en fuerte fe facaran a 



C 536 ] 

perfon, and of the two names fo propofed, one 
fionen to fhall be drawn by lot in the prefence of the 
ascertain two original commiffioners, and the perfon 
wbofe name fhall be fo drawn, fhall be the third 
commifiioner : and the three commhTioners fo 
appointed, lhall be fworn impartially to exa- 
mine and decide the claims in queftion, ac- 
cording to the merits of the feveral cafes, and 
to juflice, equity, and the laws of nations. 
The faid commifTioners fhall meet and fit at 
Philadelphia : and in the cafe of the death, 
ficknefs, or necefTary abfence of any fuch com- 
mifiioner, his placs fhall be fupplied in the 
fame manner as he was nrft appointed, and 
the new commhTioner mall take the fame oaths, 
and do the fame duties. They fhall receive all 
complaints and applications authorized by this 
article, during eighteen months from the day 
on which they mail aflemble. They fhall have 
power to examine all fuch perfons as come be- 
fore them on oath or affirmation, touching 
the complaints in queftion, and alfo to receive 
in evidence all written teftimony, authentica- 
ted in fuch manner as they fliall think proper 
to require or admit. The award of the faid 
commiflioners, or any two of them, fhall be fi- 
nal and conclufive, both as to the juftice of 
the claim and the amount of the fum to be 
paid to the claimants ; and his Catholic Ma- 
y undertakes to caufe the fame to be paid 
in fpecie, without deduction, at fuch times and 
places, and under fuch conditions as fhall be 
awarded by the^faid commifTioners. 

ARTICLE XXII. 

The two high contracting parties, hoping 
that the good correfpondence and friendfhip 
which happily reigns between them, will be 
further encreafed by this treaty, and that it 



C 537 1 

jfrdencia de los dos comifarios, refultando 
por tercero aquel cuyo nombre hubiefe falido 
el primero. Nombrados asi eftos tres comifa- 
rios, juraran que examinaran y decidiran con 
unparcialidad las quejas de que fe trata, fegun 
el merito de la diferencia de los cafos, y fegun 
diclen la jufticia, equidad, y derecho de gentes, 
Dichos comifarios fe juntaran y tendran fus 
fefiones en Philadelfia, y en cafo de muerte 
enfermedad 6 aufencia precifa de alguno de 
ellos fe reemplazara fu|plaza de la iniFina mane- 
ra que fe eligid, y el nuevo comifario bara 
igual juramento y exercerk iguales funciones. 
En el termino de 18 mefes contados defde el 
dia en qne fe junten admitiran todas las que- 
jas y reclamaciohes autorizadas por efle arti- 
culo. Asimifmo tendran autoridad para exa- 
minar baxo la fancion del juramento a todas 
las perfonas que ocurran ante ellos fobre pun- 
tos relatives a dichos quejas, y recibiran como 
evidente todo teflimonio efcrito que de tal ma- 
nera fea autentico que ellos lo jiizguen digno 
de pedirfe 6 admitirfe. La decifion de dichos 
comifarios, 6 de dos de ellos fera final y con- 
cluyente, tanto por lo que toca a la jufticia de 
la queja, como por lo que monte la fuma que 
fe deba latisfacer a los demandantes, y S..M. 
Catolica fe obliga a hacerlas pagar en efpecie, 
fin rebaja y en las epocas, lugares, y baxo las 
condiciones que fe decidan por los comifarios<, 



ARTICULO XXH. 

Efperando las dos altas partes contratante* 
que la buena correfpondencia y amiftad que 
reyna aclualmente entre si fe eftrechara mas y 
mas con el prefcnte tratado, y que contribuud 

VQL. II. 3 



[ 535 3 

Spain per- will contribute to augment their profpentf 
zem o!f l u. anc ^ o P u ^ ence 5 w ^l ' m future give to their mu- 
siates to tual commerce all the extenfion and favour 
gsods'at which the advantages of both countries may 
New or- require. 

And hi confequence of the ftipulations con- 
tairied in the fourth article, his Catholic Ma- 
jefty will permit the citizens, of the United 
States, for the fpace of three years from this 
time, to depofit their merchandizes and effects 
in the part of New-Orleans,, and to export 
them from thence without paying any other 
duty than a fair price for the hire of the ftores, 
and his. Majefty promifes either to continue 
this permimon, if he finds during that time 
that it is not prejudicial to the Interefts of 
Spain, or if he mould not agree to continue 
it there, he will affign to them, on another 
part of the banks of the Miififijppi, an equi- 
valent eflablimment. 

ARTICLE XXIIL. 

The prefent treaty fliall not be in force until 
ratified by the contracting parties, and the 
ratifications mall be exchanged in fix months 
from this time, or fooner if poulble. 

IN WITNESS WHEREOF, we ? the underwrit- 
ten plenipotentiaries of his Catholk Ma- 
jefly and of the United States of Ame- 
rica, have figned this prefent treaty of 
friendfhip, limits, and navigation, and 
have thereunto affixed our leals refpec- 
tively. 

DONE at San Lorenzo el Real, this feve 
and twentieth day of Q father , one thoufand 
Jeven hundred and ninety-five. 

THOMAS PINCKNEY, (L. s.) 

EL FRI^CIPE DE LA-PAZ, (L. s-.) 



I 539 3. 

a aumentar fu profperidad y opulencia, con- 
cederan recpirccamente en lo fucefivo al co- 
mercio todas las ampliaciones 6 faxores que 
exgiiefe la utilidad de los dos paifes. 

Y defde lucgo a confeqiiencia de lo eftipu- 
lado en el articulo IV. perniitira S. M. Catolica 
por efpacio de (res anos a los ciudadanos de 
los Eftados Unidos que depofiten fus merca- 
derias y efectos en el puerto de Nueva-Orleans, 
y que las extraigan fin pagar mas derechos 
que un precio jufto por el alquiler de los alma- 
cenas, ofreciendo 8. M. coininuar el termino 
de efta gracia, fi fe experimcntafe durante 
aquel tiempo que noes^perjudical a los inte- 
refes de la Efpana, 6 fi no conveniefe fu con- 
tinuacion ennara aquel puerto, proporcionark 
en otra parte de las orillas del Rio Mififipi 
iin igual eftablecimiento. 

ARTICULO XXIIL 

El prefente tratado no tendra efeclo hafta que 
las partes contratantes le hayan ratificado ; y 
las ratificaciones fe cambiaran en el termino 
de feis inefes, 6 antes fi fuefe pofible contan- 
do defde efte dia. 

EN FE DE LO QUAL NOSOTRQS los infraf- 
criptos plenipotenciariosdeS. M. Catolica 
y de los Eftados Unidos de America, he- 
mos firmado en virtud de nueftros plenos 
poderes efle tratado de amiftad, limites, 
y navegacion, y le hemos puefto nueftros 
lellos refpeclivos. 

HECHO en San Lorenzo cl Real, a veinte y 
fide ' de Oftubre de mil fetcncieios noventa 
y cinco. 

THOMAS PINCKNEY, (L. s.) 

EL PRINCIPE DE J.A PAZ, (L. s,) 



DECLARATION 



O F 



INDEPENDENCE. 



Lv CONGRESS, JULY 4, 1776. 



WHEN, in the courfe of human events, it be- 
comes necefiary for one people to difiblve the 
political bands which have connected them with ano- 
ther, and to afTume, among the powers of the earth, 
the feparate and equal flation to which the laws of na- 
ture arid of nature's God entitle them, a decent refpcft 
to the opinions of mankind requires that thusy mould 
declare the caufes which impel them to the feparation. 
We hold thefe truths to be felf-evident ; that all men 
are created equal ; that they are endowed, by their 
Creator, with certain unalienable rights ; that among 
thefe are life, liberty, and the purfuit of happinefs. 
That to fecure thefe rights, governments are inflituted 
among men, deriving their juft powers from the con- 
fent of the governed ; that whenever any form of go- 
vernment becomes deftructive of thefe ends, it is the 
right of the people to alter or to abolifh it, and to in- 
iHtute new government, laying its foundation on fuch 
principles, and organizing its powers in fuch form, as 
to them fhall feem mod likely to effect their fafety and 
happinefs. Prudence, indeed, will dictate, that govern* 
ments long eftablifhed , mould not be changed for light and 
tranfient caufes ; and accordingly, all experience hath 
me wn ,that mankind are more difpofed to fuffer, while evils 
are fufferable, than to right themfelves by abolifhing 
the forms to which they are accuftomed. But when a 
long train of abufes and ufurpations, purfuing invari- 
ably the fame object, evinces a defign to reduce them 
under abfolute defpotifm, it is their right, it is their du- 
ty, to throw off fuch government, and to projide new 



[ 542 ] 

guards for their future fecurity. Such has been the 
patient .1 u iFe ranee of thefe colonies ; and fuch is now 
the neceflity which conftrains them to alter their for- 
mer fyftems of government. The hiftory of the pre- 
fent King of Great-Britain, is a hiflory of repeated inju- 
ries and ufurpatiqns, all having in direct object the ef- 
tablimment of an abfolute tyranny over thefe dates. To 
prove this, let facts be fubmitted to a candid world. 

He has refufed his aflent to laws the mod whole- 
fome and neceflliry for the public good. 

He has forbidden his governors to pafs laws of im- 
mediate and preiling importance, unlefs fufpended in 
their operation till his afifent mould be obtained ; and 
\vhen fo fufpended, he has utterly neglected to attend" 
to them. 

He has refufed to pafs other laws for the accommo- 
dation of large diftricls of people, unlefs thofe people 
would relinquish the right of reprefeiii:ation in the le- 
giilature ; a right iaeftimable to them, and formidable 
to tyrants only. He has called together legislative bo- 
dies at places imufual., uncomfortable, and diftant from 
the depefitory of their public records, for the ble pur*- 
pofe of fatiguing them into compliance with his mea- 
iures. 

He has diffolved reprefentative houfes repeatedly, for , 
-oppofmg, with manly firmnefs, his invafions on the 
rights of the people. 

"He has refufed for a long time, after fuch diffolutions, 
to caufe others to be elected ; whereby the legiilative 
powers, incapable of annihilation, have returned to the 
people at large for their exercife ; the flate remaining, 
in the mean time, cxpofed to all the dangers of inva- 
fion from without, and convulfions within. 

He has endeavoured to prevent the population of 
thefe dates ; for that purpofe obflru&ing the laws for 
naturalization of foreigners ; refufing to pafs others to 
encourage their migrations hither, and railing the cou 
ditioas of new appropriations of lands. 



C 543 

He has obftructed the admmiftration of juftice, by 
refilling his aflent to la\vs for eftablifliing judiciary 
powers. 

He has made judges dependant on his will "alone,, 
for the tenure of their offices, and the amount and pay- 
ment of their faiaries. 

He has creeled a multitude of new ofEces, and fent 
hither fwarms of officers, to harrafs our people and eat 
out their fubitance. : 

He has kept among us, in times of peace, {landing 
armies, without the confent of our legiflatures. 

He has affected to render the military independent of, 
and fuperior to the civil power. 

He has combined with others to fubjecl us to a ju- 
rifdiclion foreign to our conftitution, and unacknow- 
ledged by our laws; giving his afient to their acts of 
pretended legiilation : 

For quartering large bodies of armecltroops among us : 

For protecting them, by a mock trial, from punifh- 
ment for any murders which they fhould commit on 
the inhabitants of thefe dates : 

For cutting off our trade with all parts of the world : 

For rmpofmg taxes on us without our confent : 

For depriving us, in many eafes r of the benefits of 
trial by jury : 

For transporting us beyond feas to be tried for pre- 
tended offences : 

For abolifhing the free fyflem of Englifh laws in a 
neighbouring province, eilablifhing therein an arbitrary 
government, and enlargingits boundaries, fo as to ren* 
der it at once an example and fit inftrum-ent for intro- 
ducing the fame abfolute rule into thefe colonies : 

For taking away our charters, aboliming our rnoffi 
valuable laws, and altering fundamentally the forms of 
our governments : 

For fufpending our own legiflatures, and declaring 
themfelves invefled with power talegifete for us ia all 
cafes whatfoever.. 



C 544 1 

' 

He his abdicated government here, by declaring* UG 
out of his protection, and waging war againft us. 

He has plundered our feas, ravaged our coafts, burnt 
our towns, and deftroyed the lives of our people. 

He is, at this time, tranfporting large armies of fo- 
reign mercenaries to complete the works of death, de- 
folatibn,and tyranny, already begun with circumftances 
of cruelty and perfidy, fcarcely paralleled in the inoft 
barbarous ages, and totally unworthy the head of a ci- 
vilized nation. 

He has conftrained our fellow-citizens, taken captive 
on the high feas, to bear arms againfl their country, to 
become the executioners of their friends and brethren, 
or to fall themfelves- by their hands. 

He has excited domeftic infurre&ions amongft us, 
and has endeavoured to bring on the inhabitants of cur 
frontiers, the mercilefs Indian favages, whofe known 
rule of warfare is an undiftinguimed deftruction of alt 
ages, fexes and conditions. 

In every ftage of thefe oppreffions, we have petitioned 
for redrefs in the moft humble terms : Our repeated 
petitions have been anfwered only by repeated injury. A 
prince, whofe character is thus marked by every ad; which 
may define a tyrant, is unfit to be the ruler of a free people. 

Nor have we been wanting in attentions to our Britifh 
brethren. We have warned them, from time to time, 
of attemps by their legiilature to extend an unwarrant- 
able jurifdi&ion over us. We have reminded them of 
the circumftances of our emigration and fettlement 
here. We have appealed to their native juftice and mag- 
nanimity, and we have conjured them by the ties of 
our common kindred, to difavow tfiefe ufurpations, 
which would inevitably interrupt our connexions and 
correfpqndence. They too have been deaf to the voice 
of juftice and of confanguinity. We muft, therefore, 
acqui'efce in the neceffity which denounces our fepara- 
tion, and hold them, as we hold the reft of mankind, 
enemies in war, in peace, friends. 



[ 545 3 

WE, therefore, the reprefentatives of the United 
States of America, in General Congrefs affembled > 
appealing to the Supreme Judge of the World for the 
redtitude of our intentions, do, in the name, and by au- 
thority of the good people of thefe colonies, folemnly 
publifh and declare, That thefe United Colonies are, 
and of right ought to be, Free and Independent 
States ; that they are abfolved from all allegiance to 
the Britifh Crown, and that all political connexion be- 
tween them and the flate of Great-Britain, is, and 
ought to be, totally dhTolved ; and that as Free and In- 
dependent States, they have full power to levy wr, 
conclude peace, contract alliances, eftablifh commerce, 
and to do all other acls and things which Independent 
States may of right do. And for the fupport of this de. 
claration, with a firm reliance on the protection of Di- 
vine Providence, we mutually pledge to each other, 
our lives, our fortunes, and our facred honour. 

JOHN HANCOCK. 

Tjofiah Bartlett, 

New-HatnfJhire. ? William Whipple, 
Matthew Thornton, 






{Samuel Adams, 
John Adams, 
Robert Trea^ Paine, 
Elbridge Gerry. 



VOL. II. 



f Roger Sherman, 

/ Samuel Huntington, 
Connect. 1 wmiam williams> 

L Oliver Wolcott. 

f William Floyd, 
Ar _ I Philip Livihgfton, 
New-Tork. | Fra ^ is L e ^ s , 

\_Lewis Morris. 
Z 3 



[ 546 



New-jferfey. 



Pennfylvania. 



Delaware. 



Maryland. 



Virginia. 



North-Carolina. 




Richard Stockton, 

John Witherfpoon, 

Francis Hopkinfon, 

John Hart, 

Abraham Clark. 

Robert Morris, 

Benjamin Rum, 

Benjamin Franklin, 

John Morton, 

George Clymer, 

James Smith, 

George Taylor, 

James Wilfon, 
^George Rofs. 
' Csefar Rodney, 
c George Read, 
' Thomas, M'Kean. 

Samuel Chafe, 

William Paca, 

Thomas Stone, 

Charles Carroll, of Car- 
rollton. 

George Wythe, 

Richard Henry Lee. 

Thomas Jefferfon, 

Benjamin Harrifon, 

Thomas Nelfon, jun. 

Francis Lightfoot Lee 

Carter Braxton. 
C William Hooper, 
< Jofeph Hewes, 
C}ohn Penn e 
( Edward Rutledge, 
I Thomas Heyward, jun. 
I Thomas Lynch, jun. 

Arthur Middleton. 

Button Gwinnett 5 

Lyman Hall, 

George Wajton. 



ARTICLES 

O F 

Confederation and Perpetual Union, 

BETWEEN 

THE STATES OF 

New-HampJhire, Ma/achufetts-Bay, Rhode-ljland and 
Providence Plantations, Connecticut l , New -York) 
New-Jerfey, Pennfyfoania, Delaware, Ma- 
ryland, Virginia, North-Carolina, South- 
Carolina, and Georgia. 



ARTICLE I. 

I HE ftile of this confederacy fhall be, " THE UNI- 
TED STATES OF* AMERICA." 

ARTICLE II. 

Each (late retains its fovereignty, freedom and inde- 
pendence, and every power, jurifdi&ion. and right which 
is not by this confederation exprefsly delegated to the 
United States in Congrefs affembled. 

ARTICLE III. 

The faid dates hereby feverally enter into a firm 
league of friendfhip with each other, for their common 
defence, the fecurity of their liberties, and their mutual 
and general welfare, binding themfelves to aflift each 
other, againfl all force offered to, or attacks made up- 
on them, or any of them, on account of religion, fove- 
reignty, trade, or any other pretence whatever. 

ARTICLE IV. 

The better to fecure and perpetuate mutual friend- 
fhip and intercourfe among the people of the different 
flates in this union, the free inhabitants of each of thefe 
ftates, paupers, vagabonds, and fugitives from juftice 
excepted, fhall be entitled to all privileges and immu- 
nities of free citizens ia the fcveral ftates ; and the peo* 



C 548 ] 

pie of each ftate fhall have free ingrefs and regrefs to 
and from any other ftate, and fhall enjoy therein all the 
privileges of trade and commerce, fubjecl: to the fame 
duties, impofitions and reftri&ions as the inhabitants 
thereof refpeclively, provided that fuch reftrictions fhall 
not extend fo far as to prevent the removal of proper- 
ty imported into any ftate, to any other ftate of which 
the owner is an inhabitant ; provided alfo, that no im- 
pofitions, duties or reftriftions fhall be laid by any flate, 
on the property of the United States, or either of them. 

If any perfon guilty of, or charged with treafon, fe- 
lony, or other high mifdemeanor in any ftate, fhall flee 
fromjuftice, and be found in any of the United States, 
he fhall upon demand of the governor, or executive 
power of the ftate from which he fled, be delivered up 
and removed to the ftate having jurifdiclion of his of- 
fence. 

Full faith and credit fhall be given in each of thefe 
ftates, to the records, a&s and judicial proceedings of 
the courts and magiftrates of every other ftate. 

ARTICLE V. 

For the more convenient management of the gene- 
ral ihterefts of the United States, delegates fhall be 
annually appointed in fuch manner as the legiflature 
of each ftate fhall direct, to meet in Congrefs on the 
firft Monday in November, in every year, with a power 
referved to each ftate, to recal its delegates, or any of 
them, at any time within the year, and to fend others 
in their ftead, for the remainder of the year. 

No ftate fhall be reprefentcd in Congrefs by lefs 
than two nor more than feven members ; and no 
perfon fhall be capable of being a delegate for more 
than three years in any term of fix years ; nor mail 
any perfon, being a delegate, be capable of holding 
any office under the United States, for which he, or 
any other for his benefit, receives any falary, fees or 
emolument of any kind. 

Each ftate lhall maintain its ewix delegates in a 



C 549 ] 

meeting of the ftates, and while they acl as members 
of the committee of the ftates. 

In determining queftions in the United States in 
Congrefs aflembled, each ftate mall have one vote. 

Freedom of fpeech and debate in Congrefs mail not 
be impeached or queftioned in any court or place out of 
Congrefs ; and the members of Congrefs fhall be pro- 
tected in their perfons from arrefls and imprisonments, 
during the time of their going to and from and attend- 
ance on Congrefs, except for treafon, felony or breach 
of the peace. 

ARTICLE VI. 

No ft.ate, without the confent of the United States 
in Congrefs aflembled, mail fend any embaffy to, or 
receive any embaily from, or enter into any conference, 
agreement, alliance, or treaty, with any king, prince, 
or ftate ; nor (hall any perfon holding any office of 
profit or truft under the United States, or any of them, 
accept of any prefent emolument, office or title of any 
kind whatever from any king, prince or foreign ftate ; 
nor fhall the United States in Congrefs affembled, or 
any of them, grant any title of nobility. 

No two or more ftates fhall enter into any tr 
confederation or alliance whatever between them, with- 
out the confent of the United States in Congrefs af- 
fembled, fpecifying accurately the purpofes for which 
the fame is to be entered into, and hew long it fhali 
continue. 

No ftate fhall lay any impofts or duties, which may 
interfere with any ftipulations in treaties entered into 
by the United States in Congrefs aflembled, with any 
king, prince or ftate, in purfuance of any treaties al- 
ready propofed by Congrefs, to the courts of France 
and Spain. 

No veifels of war fhall be kept up in time of peace 
by any ftate, except fuch number only as mail be deem- 
ed necefTary by the United States in Congrefs affembled, 
for the defence of fuch ftate, or its trade ; nor fhall am: 



C 550 3 

body of forces be kept up by any Hate, in time of peace, 
except fuch number only, as in the judgment of the 
United States, in Congrefs aflembled, mail be deemed 
requifite to garrifon the forts neceflary for the defence 
of inch flate ; but every ftate mail always keep up a 
well-regulated and difciplined militia, fufficiently armed 
and accoutred, and mail provide and conflantly have 
ready for ufe, in public flores, a due number of field 
pieces and tents, and a proper quantity of arms, am- 
munition, and camp equipage. 

No flate ihall engage in any war without the confent 
of the United States, in congrefs aflembled, unlefs fuch 
flate be actually invaded by enemies,or mail have receiv- 
ed certain advice of a refolution being formed by fome 
nation of Indians to invade fuch flate, and the danger 
Is fo imminent as not to admit of a delay till the United 
States in Congrefs aflembled can be consulted; nor ihall 
any flate grant commiflions to any fliips or veflels of 
war, nor letters of marque or reprifal, except it be after 
a declaration of war by the United States in Congrefs 
aflembkd, and then only againfl the kingdom or ftate, 
and the fubjecls thereof, againfl which, war has been 
fo declared, and under fuch regulations, as mail be efla- 
blifhed by the United States in Congrefs aflembied, 
unlefs fuch flate be infefled by pirates, in which cafe, 
veflels of war may be fitted out for that occafion, and 
kept fo long as the danger (hall continue, or, until the 
United States in Congrefs aflembled, fliall determine 
otherwife. 

ARTICLE VII. 

When land forces are raifed by any flate, for the 
common defence, all officers of, or under the rank of 
colonel, fhall be appointed by the legiilature of each 
flate refpeclively, by whom fuch forces fhall be raifed, 
or in fuch manner as fuch flate fhall direc~l : And all 
vacancies fliall be filled up by the flate which firft made 
the appointment. 



C 551 3 

ARTICLE VIII. 

All charges of war, and all other expenfes, that fhali 
be incurred for the common defence or general welfare, 
and allowed by the United States in Congrefs ailem- 
bled, fhall be defrayed out of a common treafury, 
which (hall be fupplied by the feveral dates, in propor- 
tion to the value of all land, within each ftate, granted 
to or furveyed for any perfon, as fuch land and the 
buildings aad improvements thereon fhall be eftimated, 
according to fuch mode as the United States in Con- 
grefs aflembled, mall from time to time direct and 
appoint. 

The taxes for paying that proportion, fhall be laid 
and levied by the authority and direction of the legifla- 
tures of the feveral itates, within the time agreed upon 
by the United States in Congrefs aflembled. 

ARTICLE IX. 

The United States in Congrefs aflembled, fhall have 
the fole, and exclufive right and power of determining 
on peace and war, except in the cafes mentioned in the 
fixth article ; of fending and receiving ambafladors ; 
entering into treaties and alliances, provided that no 
treaty of commerce fhall be made, whereby the legifla- 
tive power ,of the refpeclive ftates fhall be retrained 
from impofmg fuch impoils and duties on foreigners as 
their own people are fubjeded to, or from prohibiting 
the exportation or importation of any fpecies of goods 
or commodities whatsoever ; of eflablifhing rules for 
deciding in all cafes, what captures on land or water 
fhall be legal, and in what manner prizes taken by land 
or naval forces in the fervice of the United States fhall 
be divided or appropriated ; of granting letters of 
marque and reprifal in times of peace ; appointing 
courts for the trial of piracies and felonies committed 
on the high leas, and eflabliming courts for receiving 
and determining finally appeals in all cafes of captures, 
provided that no member of Congrefs fhall be appoin- 
ted a judge of any gf $e faid qgurts. 



C 552 ] 

iie United States In Congrefs affembled, fhall alfo be 
the laft refort on appeal in all difputes and differ ences 
now fubfifting or that hereafter may arife between two 
or more dates concerning boundary, jurifdiction, or 
any other rcaufe whatever ; which authority fhall al- 
ways be exercifed in the manner following. Whenever 
the legiilative or executive authority or lawful agent of 
any Mate in controverfy with another, mail prefent a 
petition to Congrefs, dating the matter in queftion, 
and praying for a hearing, notice thereof fhall be given 
by order of Congrefs to the legiflative or executive au- 
thority of the other ftate in controverfy, and a day af- 
figned for the appearance of the parties by their lawful 
agents, who fhall then be directed to appoint, by joint 
confent, commiflioners or judges to conftitute a court 
for hearing and determining the matter in queftion ; 
but if they cannot agree, Congrefs fhall name three per- 
fons out of each of the United States, and from the lift 
of fuch perfons, each party fhall alternately ftrike out 
one, the petitioners beginning, until the number fhall 
be reduced to thirteen ; and from that number not lefs 
than feven, nor more than nine names, as Congrefs 
ihall direct, fhall in the prefence of Congrefs be drawn 
out by lot : and the perfons whofe names fhall be fo 
drawn, or any five of them, fhall be commifii oners or 
judges, to hear and finally determine the controverfy, 
fo always as a major part of the judges, who fhall hear 
the caufe, fhall agree in the determination : And if ei- 
ther party fhall neglect to attend at the day appointed, 
without (hewing reafons which Congrefs fhall judge 
fufficient, or being prefent, fhall refufe to ftrike, the 
Congrefs mail proceed to nominate three perfons out 
of each ftate, and the fecretary of Congrefs fhall ftrike 
in behalf of fuch party abfent or refufmg ; and the 
judgment and lentence of the court to be appointed, ia 
the manner before prefcribed, fhall be final and con- 
clufive ; and if any of the parties fhall refufe to fubmit 
to the authority of fuch court, or to appear or defend 



C 553 ] 

their claim or caufe, the court fhall nevertheless proceed 
to pronounce fentence or judgment, which (hall in like 
manner be final and decifive ; the judgment or fentence 
and other proceedings being in either cafe tranfmitted 
to Congrefs, and lodged among the ads of Congrefs, 
for the fecurity of the parties concerned : Provided, 
that every commiflioner, before he fits in judgment, 
mall take an oath, to be adminiflered by one of the 
judges of the fupreme or fuperior court of the ftate, 
where the caufe fhall be tried, " well and truly to hear 
and determine the matter in queftion, according to the 
bed of his judgment, without favour, affection, or hope 
of reward :" Provided alfo, that no ftate fhall typ de- 
prived of territory for the benefit of the United States. 

All controverfies concerning the private right of 
foil, claimed under different grants of two or more 
ftates, whofe jurifdiftions as they may refpecl fuch 
lands and the ftates which pafled fuch grants are ad- 
jufted, the faid grants or either of them being at the 
fame time claimed to have originated antecedent to 
fuch fettlcment of jurifdidion, fhall, on the petition of 
either party to the Congrefs of the United States, be 
finally determined, as near as may be, in the fame man- 
ner as is before prefcribed for deciding difputes refpec- 
ting territorial jurifdiction between different ftates. 

The United States in Congrefs affembled mail alfo 
have the fole and exclufive right and power of regu- 
lating the alloy and value of coin ftruck by their own 
authority, or by that of the refpe&ive ftates ; fixing 
the ftandard of weights and meafures throughout the 
United States ; regulating the trade and managing all 
affairs with the Indians not members of any of the 
ftates ; provided that the legiflative right of any ftate 
within its own limits be not infringed or violated ; 
eftabliming and regulating poft- offices from one ftate 
to another throughout all the United States, and ex- 
acting fuch poftage on the papers palling through the 
fame, as may be requifite to defray the sxpenfes 0f the 

VOL. II. A 4 



C 554 ] 

faid^office ; appointing all officers of the land forces in 
the fervice of the United States, excepting regimental 
officers ; appointing ail the officers of the naval forces, 
and commiffioning all officers whatever in the fervice 
of the United States ; making rules for the govern- 
ment and regulation of the faid land and naval forces 
and directing their operations. 

The United States in Congreis affembled fhall have 
authority to appoint a committee to fit in the recefs of 
Congrefs, to be denominated " a committee of the 
dates," and to confift of one delegate from each ftafe, 
and to appoint fuch other committees and civil officers 
as may t)e iieceflfary for managing the general affairs of 
the United States, under their direction ; to appoint 
one of their number to prefide, provided that no per-' 
fon be allowed to ferve in the office of prefident more 
than one year, in any term of three years ; to afcertain 
the necefiary fums of money to be raifed for the fervice 
of the United States, and to appropriate and apply the 
fame for defraying the public expenfes ; to borrow mo- 
ney or emit bills on the credit of the United States, 
tranfmitting every half year to the refpedive ftates, an 
account of the fums of money fo borrowed or emitted; 
to build and equip a navy ; to agree upon the number 
of land forces, and to make requifitions from each flats 
for its quota, in proportion to the number of white in- 
habitants in fuch ftate ; which requifition fhall be bind- 
ing, and thereupon the legiflature of each (late fhall ap- 
point the regimental officers, raife the men, and cloath, 
arm and equip them in a foldier-like manner, at the 
expenfe of the United States; and the officers and men 
fo cloathed, armed and equipped, fhall march to the 
place appointed, and within the time agreed on by the 
United States in Congreis affembled : But if the United 
States in Congrefs anembled mail, on confideration of 
circumflances, judge proper that any ftate mould not 
raife men, or mould raife a fmalier number than its 
quota, and that any other ftate fhould raife a greater 



C 555 ] 

number of men than the quota thereof, fuch extra 
number ihall be raifed, officered, cloathed, armed and 
equipped in the fame manner as the quota of fuch ft ate, 
unlefs the legiflature of fuch ftate mail judge that fuch 
extra number cannot be fafely fpared out of the fame; 
in which cafe they mall raife, officer, cloath, arm and 
equip as many of fuch extra number as they judje can 
be fafely fpared. And the officers and men fo cloathed, 
armed and equipped mail march to the place appointed, 
and within the time agreed on by the United States in 
Congrefs affembled. " 

The United States in Congrefs affembled, mall ne- 
ver engage in a war nor grant letters of marque and 
reprifal in time of peace, nor enter into any treaties or 
alliances, nor coin money, nor regulate the value there- 
of, nor afcertain the fums and expenfes neceffary for 
the defence and welfare of the United States or any of 
them ; nor emit bills, nor borrow money on the credit 
of the United States, nor appropriate money, nor agree 
upon the number of vefTels of war to be built or pur- 
chafed, or the number of land or fea forces to be raifed, 
nor appoint a commander in chief of the army or na- 
vy, unlefs nine ftates affent to the fame ; nor (hall a 
queftion on any other point, except for adjourning from 
day to day, be determined, unlefs by the votes of a 
majority of the United States in Congrefs aiTembled. 

The Congrefs of the United States mall have power 
to adjourn to any time within the year, and to any place 
within the United States, fo that no period of adjourn- 
ment be for a longer duration than the fpace of fix 
months, and (hall publifh the journal of their proceed- 
ings monthly, except fuch parts thereof relating to trea- 
ties, alliances or military operations, as in their judg- 
ment require fecrecy ; and the yeas and nays of the 
delegates of each ftate on any queftion, fhall be enter- 
ed on the journal, when it is defired by any delegate ; 
and the delegates of a ftate or any of them, at his or 
their requeft, fhall be furnifhed with a tranfcript of the 



I 55<5 ] 

faid journal, except fuch parts as are above excepted, 
to lay before the legiflatures of the feveral ftates. 

ARTICLE X, 

The committee of the dates, or any nine of them, 
fhall be authorized to execute, in the recefs of Con* 
grefs, fuch of the powers of Congrefs, as the United 
States* in Congrefs affembled, by the confent of nine; 
ftates, fhall from time to time think expedient to veft 
them with ; provided that no power be delegated to 
the faid committee, for the exercife of which, by the 
articles of confederation, the voice of nine ftates, in the 
Congrefs of the United States aflembled, is requifite. 

ARTICLE XL 

Canada acceding to this confederation, and joining 
in the meafures of the United States, fhall be admitted 
into and entitled to all the advantages of this Union : 
But no other colony fhall be admitted into the fame, 
unlefs fuch admiflion be agreed to by nine ftates, 

ARTICLE XII. 

All bills of credit emitted, monies borrowed, and 
debts contracted by or under the authority of Congrefs, 
before the aflembling of the United States, in purfu- 
ance of the prefent confederation, fhall be deemed and 
confidered as a charge againft the United States, for 
payment and fatisfa&ion whereof, the faid United States 
and the public faith are hereby folemnly pledged, 

ARTICLE XIII. 

Every ftate fhall abide by the determinations of the 
United States in Congrefs afiembled, on all queftions 
which by this confederation are fubmitted to them. 
And the articles of this confederation fhall be inviola- 
bly obferved by every ftate, and the union fhall be per*. 
petual ; nor fhall any alteration, at any time hereafter, 
be made in any of them; unlefs fuch alteration be agreed 
to in a Congrefs of the United States, and be after-, 
wards confirmed by the Legiflatures of every ftate, 



C 557 ] 

AND WHEREAS it hath pleafed the Great Governor 
of the World to incline the hearts of the legiflatures 
we refpectively reprefent in Congrefs, to approve 
of, and to authorife us to ratify the faid articles of 
confederation and perpetual union : KNOW YE, 
that we, the underfigned delegates, by virtue of 
the power and authority to us given for that pur- 
pofe, do by thefe prefents, in the name and in be- 
half of our refpe&ive conflituents, fully and en- 
tirely ratify and confirm, each and every of the 
faid articles of confederation and perpetual union, 
and all and fingular the matters and things therein 
contained. And we do further folemnly plight 
and engage the faith of our refpe&ive conftituents, 
that they fhall abide by the determinations of the 
United States in Congrefs aflembled, on all qucf- 
tions which by the faid confederation are fubmit- 
ted to them ; and that the articles thereof fhall be 
inviolably obferved by the ftates we refpedively 
reprefent ; and that the union fhall be perpetual. 

IN WITNESS whereof, we have hereunto fet our 
hands in Congrefs. 

DONE at Philadelphia, in the ft ate of Pennfyhania, the 
tyh day ofyuly, in the year of our Lord, 1778, and 
in the third year of the independence of America. 

The aforefaid articles of confederation were finally ra- 
tified on the firft day of March, 1781 ; the ftate of 
Maryland having, by their members in Congrefs, on 
that day acceded thereto, and completed the fame, 

Jofiah Bartlett, 
John Wentworth, jun. 
John Hancock, 
Samuel Adams ? 
Elbridge Gerry, 



Maflachufetts-Bay, 



Francis Dana, 
James Lovell, 
Samuel Holten, 



[ 55* j 



Rhode-IJland, &V. 
Connecticut, 

New-Tork, 
New-Jerfey, 

Pennfyhania, 

Delaware, 
.Maryland, 

Virginia, 

North-Carolina, 

South-Carolina, 

Georgia. 



William Ellcry, 

Henry Marchant, 

John Collins. 

Roger Sherman, 

Samuel Huntington, 

Oliver Wolcott, 

Titus Hofmer, 

Andrew Adams. 

James Duane, 

Francis Lewis, 

William Duer, 
^Governeur Morris. 
C John Witherfpoon, 
^ Nathaniel Scudder. 

Robert Morris, 

Daniel Roberdeau, 

Jonathan Bayard Smith, 

William Clingan, 
^Jofeph Reed. 
'Thomas M'Kean, 

John Dickinfon, 

Nicholas Vandyke. 
~ John Hanfon, 

Daniel Carrol. 

Richard Henry Lee, 

John Bannifter, 

Thomas Adams, 

John Harvey, 
^Francis Lightfoot Lee, 

John Penn, 

Cornelius Harnett. 

John Williams. 

Henry Laurens, 

William Henry Drayton, 

John Matthews, 

Richard Hutfon, 

Thomas Heyward, jun. 

John Walton, 

Edward Telfair, 

Edward Langworthy. 



AN ORDINANCE 

FOR THE 

GOVERNMENT OF THE TERRITORY 

OF THE 

United States North-weft of the River Ohio. 



BE it ordained by the United States in Congrefs qffem- 
bled, That the faid territory, for the purposes of 
temporary government, be one diftrid ; fubjecl, how- 
ever, to be divided into two dulrils, as future circum- 
ftances may, in the opinion of Congrefs, make it ex- 
pedient. 

Be it ordained by the authority aforefald^ That the 
eftates both of refident and non-refident proprietors in 
the faid territory dying inteftate, (hall deicend to, and 
be diftributed 'among their children, and the defcen- 
dants of a deceafed child in equal parts ; the dfcfcen- 
dants of a deceafed child or grand-child, to take the 
fhare of their deceafed parent in equal parts among 
them : And where there fhall be no children or de- 
fcendants, then in equal parts to the next of kin, in equal 
degree ; and among collaterals, the children of a de- 
ceafed brother or fifter of the inteftate, (hall have in 
equal parts among them their deceafed parents fhare ; 
and there {hall in no cafe be a diftin&ion between 
kindred of the whole and half blood ; faving in all 
cafes to the widow of the inteftate, her third part of 
the real eftate for life, and one third part of the perfonal 
eftate; and this law relative to defcents and dower, ihall 
remain in full force until altered by the legiflature of 
the district. And until the governor and judges ihall 
adopt laws as herein-after mentioned, eftates in the 
faid territory may be devifed or bequeathed by wills in 
writing, figned and fealed by him or her, in whom the 
eftate may be (being of full age) and attefted by three 
witnefTes ; and real eftates may be conveyed by leafe 



[ 56 J 

and releafe, or bargain and fale, figned, fealed, and de- 
livered by the perfon being of full age, in whom the 
eftate may be, and attefted by two witnefles, provided 
fuch wills be duly proved, and fuch conveyances be 
acknowledged, or the execution thereof duly proved, 
and be recorded within one year after proper magif- 
trates, courts, and regifters fhall be appointed for that 
purpofe ; and perfonal property may be transferred by 
delivery ; faving, however to the French and Canadian 
inhabitants, and other fettlers, of the Kafkafkies, Saint 
Vinctnt's, and the neighbouring villages, who have 
heretofore profefled themfelves citizens of Virginia, 
their laws and cuftoms now in force among them, re- 
lative to the defcent and conveyance of property. 

Be it ordained by the authority aforcfaid^ That there 
fhall be appointed from time to time, by Congrefs, a 
governor, whofe commiffion mail continue in force for 
the term of three years, unlefs fooner revoked by Con- 
grefs : he fhall refide in the diftrict, and have a free- 
hold eftate therein, in one thoufand acres of land, 
while in the exercife of his office. 

There fhall be appointed from time to time by Con- 
grefs a fecretary, whofe commiffion fhall continue in 
force for four years, unlefs fooner revoked ; he fhall 
refide in the diftricl, and have a freehold eftate there- 
in, in five hundred acres of land, while in the exercife 
of his office : it fhall be his duty to keep and preferve 
the acts and laws parted by the legiflature, and the pub- 
lic records of the diftricl, and the proceedings of the 
governor in his executive department ; and tranfmit 
authentic copies of fuch acts and proceedings, every 
fix months, to the fecretary of Congrefs: There fhall 
alfo be appointed a court to confift of three judges, any 
two of whom to form a court, who fhall have a com- 
mon law jurifdiction, and refide in the diftricl, and 
have each therein a freehold eftate in five hundred acres 
of land, while in the exercife of their offices ; and their 
commiilions fhall continue in force during good behsu 
viour. 



t 561 3 

The governor and judges, or a majority of them, (hall 
adopt and pubiiOi in the diftricl:, inch laws of the ori- 
ginal dates, criminal and civil, as may be neceflary, and 
beft fuited to the circumftances of the diftrict, and re- 
port them to Congrefs from time to time ; which laws 
fiiall be in force in the dirtrid: until the organization of 
the general aflembly therein, unlefs difapproved of by 
Congrefs ; but afterwards the legiflature mall have au- 
thority to alter them as they mall think fit. 

The governor for the time being, mall be comman- 
der in chief of the militia, appoint and commifiion all 
officers in the fame, below the rank of general officers ^ 
all general officers mail be appointed and commhTioned 
by Congrefs. 

Previous to the organization of the general affembly, 
the governor mail appoint fuch magiftrates and other 
civil officers, in each county or townfhip, as he (hall 
find neceflary for the preservation of the peace and 
good order in the fame : Afttr the general aflembly 
fhall be organized, the powers and duties of magiftrates. 
and other civil officers (hall be regulated and defined 
by the faid aflembly ; but all magistrates and other ci- 
vil officers not herein otherwife directed, mall, during 
the continuance of this temporary government, be ap- 
pointed by the governor. Bf&croft Ubwury 

For the prevention of crimes and injuries, the laws 
to be adopted or made (hall have force in all parts of the 
diftrift, and for the execution of procefs, criminal and 
civil, the governor mall make proper divifions thereof: 
and he (hall proceed from time to time, as circumftan- 
ces may require, to lay out the parts of the diftrict in 
which the Indian titles mall have been extinguimed, in- 
to counties and townfhips, fubjecl: however, to fuch 
alterations as may thereafter be made by the legiflature. 

So foon as there (hall be five thoufand free male in- 
habitants, of full age, in the diftrict, upon giving proof 
thereof to the governor, they iliall receive authority, 
with time and place, to eleft reprefentatives from their 

VOL. II. B 4 



C 562 3 

counties or townmips, to reprefent them in the gene- 
ral affembly ; provided that for every five hundred free 
male inhabitants, there (hail be one representatives and 
fo on progreflively with the number of free male inha- 
bitants fhall the right of reprefentation increafe, until 
the number of reprefentatives (hall amount to twenty- 
five ; after which the number and proportion of repre- 
fentatives fhall be regulated by the legifiature: Provi- 
ded that no perfon be eligible or qualified to ad as a 
reprefentative, unlefs he {hall have been a citizen of one 
of the United States three years, and be a refident in 
the diftricl, or unlefs he fhall have refided in the diflricl: 
three years ; and in either cafe, fhall likewife hold in 
Kis own right, in fee fimple, two hundred acres of land 
within the fame: Provided alfo, that a freehold in fifty 
acres of land in the diflricl:, having been a citizen of one 
of the flates, and being refident in the diflricl, or the 
like freehold, and two years refidence in the diflricl 
{hall be neceffary to qualify a man as an eleftor of a 
reprefentative. 

The reprefentatives thus elecled, mall ferve for the 
term of two years ; and in cafe of the death of a re- 
prefentative, or removal from office, the governor fhall 
iffue a writ to the county or townfhip, for which he 
was a member, to elecl another in his flead, to ferve 
for the refidue of the term. 

The general affembly, or legifiature, fhall confifl of 
the governor, legiflative council, and a houfe of repre- 
fentatives. The legiflative council fhall confifl of five 
members, to continue in office five years, unlefs fooner 
removed by Congrefs ; any three of whom to be a quo- 
rum : And the members of the council fhall be nomi- 
nated and appointed in the following manner, to wit : 
As foon as reprefentatives fhall be eleded, the governor 
{hall appoint a time and place for them to meet toge- 
ther, and when met. they fhall nominate ten perfons, 
refidents in the diflricl:, and each pofleffed of a freehold 
in five hundred acres ef land, and return their names 



C 563 3 

co Congrefs ;, five of whom Congrefs fhall appoint and 
commiffion to ferve as aforefaid ; and whenever a va- 
cancy mall happen in the council, by death or removal 
from office, the houfe of reprefentatives fhall nominate 
two perfons, qualified as aforefaid for each vacancy, 
and return their njnes to Congrefs ; one of whom, 
Congrefs fhall appoint and commiffion for the refidue 
of the term. And every five years, four months at leaft 
before the expiration of the time of fervice of the mem- 
bers of council, the faid houfe fhall nominate ten. per- 
fons, qualified as aforefaid, and return their names to 
Congrefs ; five of whom Congrefs fliall appoint and 
commiffion to ferve as members of the council five 
years, unlefs fooner removed. And the governor, ler 
giflative council, and houfe of reprefentatives, mall 
have authority to make laws, in all cafes, for the good 
government of the diflricl, not repugnant to the prin- 
ciples and articles in this ordinance eflablifhed and de- 
clared. And all bills having paffed by a majority in the 
houfe, and by a majority in the council, fhall be refer- 
red to the governor for his alfent ; but no bill or le- 
giflative aft whatever, fhall be of any force without 
his affent. The governor fhall have power to convene, 
prorogue and diflblve the general aflembly, when in 
his opinion it fhall be expedient. 

The governor, judges, legiflative council, fecretary 
and fuch other officers as Congrefs fhall appoint in the 
diflricl:, fliall take an oath or affirmation of fidelity, and 
pf office ; the governor before the prefident of ConA 
grefs, and all other officers before the governor. As 
foon as a legiflature fhall be formed in the diflricl, the 
council and houfe affembled, in one room, fhall have 
authority, by joint ballot, to eleCt a delegate to Con- v 
grefs, who fhall have a feat in Congrefs, with a right of 
debating, but not of voting during this temporary go- 
vernment. 

And for extending the fundamental principles of ci- 
vil and seligious liberty, which form the bafis whereon 



t 564 ] 

thefe republics, their laws and conftitutions are ere&ed; 
to fix and eftabliih thofe principles as the bafis of all 
laws, conflitutions and governments, which forever 
hereafter (hail be formed in the laid territory : to pro- 
vide alfo for the eftablifhment of flates, and perma- 
nent, government therein, and folk their admiilion to a 
fhare in the federal councils, on an equal footing with 
the original flates, at as early periods, as may be con- 
iiflent with the general intereil: 

It is hereby ordained and declared, by the authority afore- 
faid., That the following articles fhall be confidered as 
articles of compact between the original ftates, and the 
people and Hates in the faid territory, and forever re- 
main unalterable, unlefs by common confent, to wit : 

ARTICLE I. 

No perfon demeaning himfelf in a peaceable and or- 
derly manner, ihall ever be molefted on account of his 
mode of worfhip or religious fentinients, in the faid ter- 
ritory. 

ARTICLE II. 

The inhabitants of the faid territory, fhall always be 
entitled to the benefits of the writ of habeas corpus, 
and of the trial by jury ; of a proportionate reprefenta- 
tion of the people in the legiflature, and of judicial pro- 
ceedings according to the courfe of the common law. 
All perfons lLall be bailable, unlefs for capital offences, 
where the proof (hall be evident, or the prefumption 
great. All fines fhall be moderate ; and no cruel or 
unufual punifhments fhall be inflicted. No man fhall 
be deprived of his liberty or property, but by the judg- 
ment of his peers, or the law of the land ; and mould 
the public exigencies make it neceifary, for the com- 
mon prefervation, to take any perfon's property, or to 
demand his particular fervices, full compenfation fhall 
be made for the fame, /md in the juft prefervation of 
rights and property, it is underftood and declared, 
that no law ought ever to be made, or have force in 
the laid territory, that ihall in any manner whatever 



C 565 3 

interfere with, or affect private contracts or engage- 
ments, bona fide, and without fraud previoufly formed. 
ARTICLE III. 

Religion, morality, and knowledge, being neceffary 
to good government and the happincfs of mankind, 
fchools, and the means of education, mall forever be 
encouraged. The utmoft good faith (hall always be ob- 
fcrved towards the Indians ; their lands and property 
mall never be taken from them without their conient ; 
and in their property, rights and liberty, they never 
mail be invaded or difturbed, unlefsin jud and lawful 
\vars authorized by Congrefs ; but laws founded in 
juflice and humanity, (hall from time to time be made, 
for preventing wrongs being done to them, and for 
preferving peace and friendmip with them. 
ARTICLE IV. 

The faid territory, and the dates which may be form- 
ed therein, fhall forever remain a part of this confede- 
racy of the United States of America, fubject to the ar- 
ticles of confederation, and to fuch alterations therein, 
as mail be conftitutionally made ; and to all the acts 
and ordinances of the United States in Congrefs a(Tem- 
bled, conformable thereto. The inhabitants and fet- 
tlers, in the faid territory, mall be fubject to pay a part 
of the federal debts, contracted or to be contracted, 
and a proportional part of the expenfes of government., 
to be apportioned on them by Congrefs, accord ng to 
the fame common rule and meafure, by which appor- 
tionments thereof ihall be made on the other dates ; 
and the taxes for paying their proportion, fhall be laid 
and levied by the authority and direction of the legif- 
latures of the didrict or diftricts or new dates, as in 
the original dates, within the time agreed upon by the 
United States in Congrefs aflembled. The legifhtures 
of thofe didricts or new dates, ihall never interfere 
v/ith the primary difpofal of the foil by the United 
States in Congrefs arferribled, nor with any regulations 
Congrefs may find neceffary for fecuring the title in 



t 566 ] 

fuch foil to the bona fide purchafers. No tax fhall be 
impofed on lands the property of the United States ; 
and in no cafe fhall non-refident proprietors be taxed 
higher than refrdents. The navigable waters leading 
into the Miflifippi and St. Lawrence, and the carrying 
, places between the fame, fhall be common highways, 
and forever free, as well to the inhabitants of the faid 
territory, as to the citizens of the United States, and 
thofe of any other flates that may be admitted into the 
confederacy, without any tax, impofl, or duty therefor. 

ARTICLE V. 

There mall be formed in the faid territory, not lefs 
than three, nor more than five flates ; and the bounda- 
ries of the flates, as foon as Virginia fhall alter her 
act of ceflion, and confent to the fame, fhall become 
fixed and eftablifhed as follows, to wit : The weflern 
ftate in the faid territory, mail be bounded by the Mif- 
iifippi, the Ohio and Wabafh rivers ; a direct line 
drawn from the Wabafli and Poft Vincents due north 
to the territorial line between the United States and 
Canada ; and by the faid territorial line to the lake of 
the Woods and Miffifippi. The middle ftate fhall be 
bounded by the faid direct line, the Wabafn from 
Pofl Vincents to the Ohio ; by the Ohio, by a direct 
line drawn due north from the mouth of the Great 
Miami, to the faid territorial line, and by the faid ter- 
ritorial line. The eaflern ftate fhall be bounded by 
the laft mentioned direct line, the Ohio, Pennfylvania, 
and the faid territorial line : Provided however, and it 
is further underftood and declared, that the bounda- 
ries of thefe three flates, fhall be fubject fo far to be 
altered, that if Congrefs fnall hereafter find it expedi- 
ent, they fhall have authority to form one or two flates 
in that part of the faid territory which lies north of 
an eafl and weft line drawn through the foutherly bend 
or extreme of lake Michigan. And whenever any of 
the faid flates, fhail have fixty thoufand free inhabi- 
tants therein, fuch ftate ihall be admitted, by its dele* 






J 

gates, into the Congrefs of the United States, on an 
equal footing with the original ftates, in all refpe&s 
whatever ; and fhall be at liberty to form a permanent 
conititution and flate government : Provided the con- 
ftitution and government fo to be formed, fhall be re- 
publican, and in conformity to the principles contain- 
ed in thefe articles ; and fo far as it can be confident 
with the general intereft of the confederacy, fuch ad- 
miflion mall be allowed at an earlier period, and \vhen 
there may be a lefs number of free inhabitants in the 
ftate than fixty thoufand. 

ARTICLE VI. 

There fhall be neither flavery nor involuntary fer- 
vitude in the faid territory, otherwife than in punifh- 
ment of crimes, whereof the party fhall have been 
duly convicted : Provided always, that any perfon ef- 
caping into the fame, from whom labour or fervice is 
lawfully claimed in any one of the original ftates, fuch 
fugitive may be lawfully reclaimed, and conveyed to 
the perfon claiming his or her labour or fervice as 
aforefaid. 

DONE by the United States, in Congrefs aJfemUed, the 
thirteenth day of July, in the year of our Lord one 
thoufand feven hundred and eighty -feve^ and of their 
fovereigrity and independence the twelfth. 

WILLM. GRAYSON, Chairman. 
CHARLES THOMSON, Secretary. 



Table of Contents. 

Ach pafTed at the Firft Seffion of the Second Congrefs. 

PACE 



I. An acJ granting farther time for making 
return of the enumeration of the inhabitants 
in the diftritt of South-Carolina, 5 

- II. An aft for the relief of D avid Cook and 

Thomas Campbell, 6 

III. An aft making appropriations for the fup- 
port of government for the \ear one thou- 

f and f even hundred and ninety -two, 7 

IV. An Act for carrying into effeft a contrad 
between the United States and the Jl ate of 
Pennfylvania, 1 3 

V. An acJ to extend the time limited for fet- 
tling the accounts of the United States with 
the individual Jiates, 14 

VI. An acJ concerning certain fisheries of the 
United States, and for the regulation and 
go vcrnment ofthef/hermen employediherein , 1 5 

VII. An aft to c/iablijh the poft- office and poft- 

roads within the United States, 22 

VIII. A n aft relative to the clctiion of aPrefldent 
and Vice-Prcfidcnt of the United States, 
and declaring the officer who /hall act as 
Prefident in cafe of vacancies in the offices 
both of Prefident and Vice- Prefident, 2 2 

IX. An acJ for making farther and more ef- 
fectual provifwn for the ,prottclion of the 
frontiers of the United States, ij 

X. An act declaring the confent of Congrefs to 
a certain acl of the Jl ate of Maryland, and 



C 569 3 

CHAPTER 

to continue for a longer time, an ad declar- 
ing the affcnt of Congrefs to certain ads of 
the ftates of Maryland, Georgia, and 
Rhode-Iftand and Providence Plantations, 
fo far as the fame refpeds the ftates of 
Georgia, and Rhode-lftand and Provi- 
dence Plantations, 27 

XL An ad to provide for the fettlement of the 
claims of widows and orphans barred by 
the limitations heretofore eftablifhed, and 
to regulate the claims to invalid pen/tons 9 27 

XII. An afl providing for the fettlement of the 
claims of perfons under particular circum- 
fiances barred by the limitations heretofore 
eftablijhed, $ r 

XIII. An ad for the relief of certain widows, 
orphans, invalids, and other perfons, 33 

XIV. An aft fupplemental to the ad for making 
farther and more effectual provifwn for 
the protection of the frontiers of the United 
States, 36 

XV. An ad for jinijhing the light-houfe on 
Bald-head,at the mouth of Cape-Fear river, 
in the ft ate of North-Carolina, 35 

XVI. An ad eftablijhing a mint, and regulating 

the coins of the United States, 37 

XVII. An adfupple?nentary to the ad for the efta- 
blijhment and fupport of light-houfes, bea- 
cons, buoys, and public piers, 47 
XVIII. An ad to ered a light-houfe on Montok 

Point, in the ftate of New-York, 48 

XIX . An aft for afcertaining the bounds of a trad 

of land -pur chafed by John Cleves Symmes, 49 
XX. An ad for fixing the compenfations of the 
door-keepers of the Senate and Houfe of 
Reprefeniatives in Congrefs, 50 

XXI. An aft for altering the times of holding the 
* VOL, II. C 4 



L 57* J 



circuit courts, in certain diflrifts of the 
United Stages, and for other purpofcs, 5 1 

XXII. An aft to compenfate the corporation of 
truftees of the public grammar -fchool and 
academy of Wilmington , in the ft ate of De- 
laware , for the occupation of, and damages 
done to the faidfchool, during the late war, 5 4 

XXIII. An aft for apportioning reprefentatives 
among the federal Jlates, according to the 

fir ft enumeration, 55 

XXIV. An aft concerning con fids and vice confab , 56 
XXV. An aft author if ing the grant and convey- 

ance of certain lands to the Ohio company of 
officiates 9 6?. 

XXVI. An aft to indemnify the eftate of the late 
Major General 'Nathaniel Green, for a 
certain bond entered into by him during the 
late war, 66 

XXVII. An aft for raifmg a farther f urn of money 
for the protection of the frontiers, and for 
other pur pofes therein mentioned, 68 

XXVIII. An aft to provide for calling forth the mi- 
litia to execute the laws of the union, f up - 
prefs infurreclions and repel invafions, 80 

XXIX. An a ft for the relief of perfons imprifoned 

for debt, 80 

XXX. An aft anthorifmg the grant and convey- 
ance of certain lands to John Cleves Symmes 
and his ajjociaics, 8 o 

XXXI. An aft to alter the time for the next an- 
nual meeting of ' Congrefs, 82 

XXXII. An aft concerning the duties onfpirits dif- 
tilled within the United States, 82 

XXXIII. An aft more effectually to provide for the 
national defence, by ejiablijhing an uniform 
militia throughout the United States, 92 

XXXIV. An aft relative 1o the co?npenfations to cer- 



C 571 1 

CHAPTER 

tain officers employed in the collection of the 
duties of impojl and tonnage ', 99 

XXXV. An aft to continue in force the acl, intitled? 
" an ad to provide for mitigating or remit- 
ting the penalties and forfeitures accruing 
under the re-venue laws in certain cafes," 
and to make further proiifion for the pay- 
ment of peri/ions to invalids, 102 

XXXVI. An acl for regulating procejfes in the courts 
of the United States^ and providing compen- 
fat ion for the officers of the faid courts, and 
for jurors and ivitneffes, 102 

XXXVII. An ad making alterations in the treafury 
and war departments, no 

XXXVIII. An aft Supplementary to the ad making 
provifion for the debt of the United States; 115 

XXXIX. An act to provide for a copper coinage, 120 
XL. An aft for making compenfations to the com- 
mijjioners of loans for extraordinary ex- 
penfes, 122 

XLI. An acl making certain appropriations there- 

infpecified, 122 

XLII. An acl refpecling the government of the 
territories of the United States north-weft 
and f out h of the river Ohio, 125 

XLIII. An acl to compenfate the ferviees of the 

late colonel George Gibfon, 127 

XLIV. An acl concerning the claim of John Brown 

Cutting again/I the United States, 127 



A&s patted at the Second Seffion of the Second Congrefs 



CHAPTER 

I. An acl concerning the regiftering and re- 

cording ofjhips or vejfels, 131 

M. An aft to amend an acl, infilled, " an ad 



C 57* 3 

CHAPTER PAGE 

eftablijhing a mint, and regulating the coins 
of the United States," fo far as r effects the 
coinage of copper , 1 5 8 

III. An ad to provide for the allowance ef in- 
ter tft on the fum ordered to be paid by the 
refolve of Congrefs, of the twenty -eighth 
of September, one thoitfand feven hundred 
and eighty-five, as an indemnify to the per- 
fons therein named, 159 

IV. An ad to continue in force for a limited 
time, and to amend the act, intitled, " An 
aft providing the means of inter courfe be- 
tween the United States and foreign nations j '159 

V. An aft regulating foreign coins ^ and for 

other purpofes, 161 

VI. An aft relative to claims againft the Uni- 
ted States, not barred by any aft of limita- 
tion, and which have not been already ad- 
j ujied, 163 

VII. An aft refpefting fugitives from juftice, 
and pcrfons efcaping from the fervice of 
their ma/lers, 165 

VIII. An a 'ft for enrolling and licenfmg fiips or 
vejjels to be employed in the coajiing trade 
andfifoeries, and for regulating the fame ', 168 

IX. An aft providing compenfation to the Pre- 
fident and Vice-Prefident of the United 
States, , 198 

X. An aft to repeal part of a refolution of 
Congrefs of the twenty -ninth of Auguft, 
one thoufand feven hundred and eighty- 
eight, refpefting the inhabitants of Poft 
Saint Vincents, 199 

XI. An aft to promote the progrefs of ufeful 
arts ; and to repeal the aft heretofore made 
for that purpofe, 2 e>s 



C 573 3 

CHAPTER ?AG* 

XII. An aft to authorize the comptroller of 
the treafury to fettle the account of Thomas 
- Wijhart, late a lieutenant in the army of 
the United States , 207 

XIII. An aft to authorize the adjuftment of a claim 
of Jofeph Rendcrfon againft the United 
States , , 207 

XIV. An aft making provifion for the perfons 
therein mentioned \ 207 

XV. An aft for repealing the federal impoft- 
laws of the United States, fo far as they 
may be deemed to impofe a duty on ufeful 

be aft s imported for breed, 208 

XVI. An aft in addition to, and alteration of 
the aft, intitled, " *an aft to extend the 
time limited for fettling the accounts of the 
United States with the individual ft ate s" 209 
XVII. An aft to regulate the claims to invalid 

penfwns, 210 

..XVIII. An aft making appropriations for thefup- 
port of government for the year one thsufand 
feven hundred and ninety -three, 213 

XIX. An aft to regulate trade and inter courfe 

'with the Indian tribes, 221 

XX. An aft to af certain the fees in admiralty 
proceedings in the diftrift courts of the Uni- 
ted States, and for other purpofes, 222 
XXI. An aft making an appropriation to defray 
the expenfe of a treaty with the Indians 
north -weft of the Ohio, 225 
XXII. An aft in addition to the aft, intitled, " an 
aft to eftablijh the judicial courts of the 
United States," 225 
XXIII. An aft to alter the times and places of hold- 
ing the circuit courts, in the eaftern diftrift^ 
and in North-Carolina, and for other 
purpofes, 230 



C 574 3 



XXIV. An aft fupplementary to the aft, intitled, 
" an ad to provide more effectually for 
the collection of the duties impofed by law 
on goods, wares, and merchandize impor- 
ted into the United States, and on the ton- 
nage ofjbips or veffe/s, 233 

XXV. An aft providing for the payment of the 
firft inftalment due on a loan made of the 
Bank of the United States, 236 

XXVI. An aft for extending the time for receiving 
on loan thai part of the d-omeftic debt of the 
United States, which may not befubfcribed, 
prior to thejlrjt day of March, one thou- 

f and f even hundred and ninety-three, 237 

XXVII. An aftfupplementary to the aft for the ef- 
tabli/hment andfupport oflight-houfes, bea- 
cons, buoys and public piers, 238 

XXVIII. An aft providing an annual allowance for 

the education of Hugh Mercer, 239 

XXIX. An aft for the relief of Elijah Boftwick, 239 
XXX. An a ft making certain appropriations there- 

in mentioned, 24 

XXXI. An aft making addition to the compenfation 

of certain public officers, 243 

XXXII. An aft for the relief of Simeon Thayer, 243 



The Treaties made by the United States of America, 
with other Nations. 

PAGE 

Treaty of amity and commerce, concluded between 
his Majejiy the King of Sweden and the United 
States of North- America, 248 

Anmftice declaring a cejjation of hoftilities between 
the United States and Great- Britain, 290 



[ 575 ] 

PAGE 

"Treaty betiveen the United States of America, and 
the Sachems and Warriors of the Six Nations, 299 

Treaty between the United States of America, and 
the Sachems and Warriors of the Wiandot, Dela- 
ware, Chippawa and Ottawa nations, 303 

Treaty of amity and commerce, between his Ma- 
jefty the KimpfPrujfiaandthe United States of 
America, 308 

Treaty between the United States of America, and 
the Head-Men and Warriors of the'Cherokees, 343 

Treaty between the Unhed Stales of America, and 
the Chottaw Nation, 351 

Treaty between the United States of America, and 
the Chick af aw s, 357 

Treaty .between the United States of America, and 
the Chiefs and Warriors of the Shawanoe Na- 
tion, 363 

Treaty of peace and friendjhip between the United 
States of America, and his Imperial Majefty the 
E?nper or of Morocco, 367 

Convention between his moft Chriftlan Majefty and 
the United States of America, 378 

Treaty of peace and friendjhip between the United 
States of America, and the Kings, Chiefs and 
Warriors of the Creek Nation of Indians, 401 

Articles of agreement and confederation, between 
the United States of North-America and the De- 
laware Nation, 409 

Treaty between the United States of America, and 
the Sachems and Warriors of the Wyandot, De- 
laware, Ottawa, Chippewa, Pattawatima and 
Sac Nations, 415 

Treaty of peace and friendjhip between the Prefi- 
dent of the United States of America, and the 
Chiefs and Warriors of the Cherokee Nation 
tf Indians, 425 



C 576 j 



Treaty between the United States of America, and 
the Cherokee Indians, 433 

Treaty between the United States of 'America ', and 
the tribes of Indians called the Six Nations, 437 

Treaty, between the United States and the Qneida, 
Tufcorora, and Stockbridge Indians , 44 <r 

Treaty of peace between the United Stqfes of Ame- 
rica and the tribes of Indians, called the Wyan- 
dots, Delawares, Shawanoes, Ottawas, Chipc- 
was, Putawatimes, Miamis, Eel-river, Vitas, 
Kickapoos, Piankajhaws, and Kajkajkias, 449 

Treaty of amity, commerce and navigation, between 
his Britannic Majefty and the United States of 
America, 463 

Treaty of peace and amity between the Dey of Al- 
giers and the United States of America, 499 

Treaty offriendjhip, limits and navigation, between 
the United Stales of America, and the King of 
Spain, 508 



Declaration of Independence, 541 

Articles of confederation and perpetual union be- 
iwscn thejiates of New-HampJhire, Maffachu- 
fetts-Bay, Rhode-JJland and Providence Plan- 
tations, Connecticut, New-Tork, New-^erfey, 
Pennfylvania, Delaware, Maryland, Virginia, 
North-Carolina, 'South-Carolina, and Georgia, 547 
'An ordinance for the government of the territory of 
the United States north -weft of the river Ohio, 559 



PRINTING 

Done with Accuracy and Expedition, by 

RICHARD FOLWELL, 

No. 3?,, Carter's Alley. 



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